Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report. The Committee also notes the comments made by the Single Confederation of Workers of Honduras (SCWH) regarding the obstacles to the establishment of trade unions contained in the legislation.

The Committee recalls that its previous comments referred to the following provisions of the Labour Code:

-- the exclusion from the scope of the Labour Code and thus from the rights and guarantees of the Convention of workers in certain agricultural or stock-raising enterprises (section 2(1));

-- the prohibition of more than one trade union in a single enterprise, institution or establishment (section 472);

-- the requirement of more than 30 workers to constitute a trade union (section 475);

-- the requirement that trade union organizations must include more than 90 per cent Honduran membership (sections 475 and 504);

-- the requirement that the officers of a trade union, federation or confederation must be Honduran (section 510(a) and 541(a)), be engaged in the corresponding activity (section 510(c) and 541(c)) and be able to read and write (section 510(d) and 541(d));

-- restrictions on the right to strike:

-- -- requirement of a two-thirds majority of the votes of the total membership of the trade union organization in order to call a strike (sections 495 and 563);

-- -- ban on strikes being called by federations and confederations (section 537);

-- the power of the Ministry of Labour and Social Security to end disputes in the petroleum production, refining, transport and distribution services (section 555(2));

-- the need for government authorization or a six-month notice for any suspension or stoppage of work in public services that do not depend directly or indirectly on the State (section 558);

-- submission to compulsory arbitration, without the possibility of calling a strike for as long as the arbitration award is in force (two years), for collective disputes in public services which are not essential in the strict sense of the term (sections 554(2) and (7), 820 and 826).

In this connection, regretting that the Government in its report does not refer specifically to the comments it has been making for many years, the Committee once again expresses the firm hope that the Government will take measures without delay to amend the abovementioned legislative provisions, so as to bring them into conformity with the requirements of the Convention. The Committee requests the Government to provide information in its next report on all measures adopted in this regard.