Observación (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

The Committee notes the Government’s report.

The Committee recalls that it has been referring for years to the need for the legislation to provide for adequate protection, particularly sufficiently effective and dissuasive sanctions, against acts of anti-union discrimination for trade union membership or activities and against acts of interference by employers or their organization in trade union affairs.

With regard to protection against acts of anti-union discrimination, the Committee notes that, according to the Government: (1) section 469 of the Labour Code, amended by Decree No. 978 of 1980, punishes the impairment of freedom of association by a fine of from 200 to 10,000 lempiras (200 lempiras = approximately US$12) but, these provisions having been deemed inadequate by one workers’ confederation, tripartite consultation has been initiated in order to discuss the reform of the labour legislation to align it with the needs of the social partners; this should lead to a bill being submitted to the National Congress of the Republic; (2) section 517 of the Labour Code provides for protection against dismissal, transfer or the downgrading of working conditions without just cause established by the respective authority for workers who notify to the employer and the General Directorate of Labour their intention to organize a trade union, such protection lasting only until the trade union obtains legal personality (prior authorization from the judicial authority is required in order to dismiss workers covered by this special immunity). The Committee hopes that the outcome of the tripartite discussions on labour law reform will be a bill providing for sufficiently effective and dissuasive sanctions against all acts of anti-union discrimination. The Committee hopes that such a bill will be prepared in the near future and asks the Government to inform it in this respect in its next report. The Committee also reminds the Government that it may seek technical assistance from the Office in drafting the bill in question.

With regard to protection against acts of interference by employers or their organizations in trade union affairs, the Committee notes from the information supplied by the Government that section 511 of the Labour Code excludes from eligibility for trade union office those members of the union whose duties entail representing the employer or who hold positions of management or personal trust or who are easily able to exert undue pressure on their colleagues. The Committee recalls in this connection that acts to support workers’ organizations by financial or other means are included among the acts of interference referred to in Article 2 of the Convention. Noting that the Government is planning a reform of the labour legislation with regard to protection against acts of anti-union discrimination, the Committee hopes that the reform will include provisions designed to ensure that workers’ and employers’ organizations enjoy proper protection against acts of interference by each other, and that there are sufficiently effective and dissuasive sanctions against such acts. The Committee asks the Government to inform it of any measures adopted to this end in its next report.