Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s report and observes with interest that a draft reform of the Labour Code has been prepared which includes various modifications that the Committee has been requesting for a number of years, and that the preparation of the draft text was preceded by a study carried out on a tripartite basis.

The Committee recalls that for many years its comments have referred to:

–      The exclusion from the scope of the Labour Code, and thus from the rights and guarantees of the Convention, of workers in agricultural and stock-raising enterprises which do not permanently employ more than ten workers (section 2(1)). The Committee notes the Government’s indications that, even though the labour legislation is applicable to agricultural and stock-raising enterprises which permanently employ more than ten workers, it is fully aware of the need to amend the legislation. The Committee requests that the Government provide information in its next report on any amendment to the legislation adopted in this respect.

–      The prohibition of more than one trade union in a single enterprise, institution or establishment (section 472 of the Labour Code). The Committee notes the Government’s indication, that under the terms of the legislation, a branch or industry union can coexist with the enterprise or first-level union, which means that more than two trade unions of different levels can coexist, but that nevertheless in the draft amendment of the Labour Code the possibility is envisaged of the coexistence of more than one union of the same level in the same enterprise or workplace. The Committee requests that the Government provide information in its next report on any amendment to the Labour Code in this respect.

–      The requirement of more than 30 workers to establish a trade union (section 475 of the Labour Code). The Committee notes the Government’s indication that the draft reform of the Labour Code, which will soon be submitted to the Economic and Social Council (CES) for consultation, amends this provision, setting a lower number of workers for the establishment of a trade union. The Committee asks the Government to provide information in its next report on any amendment adopted in this respect.

–      The requirement that the officers of a trade union, federation or confederation must be of Honduran nationality (sections 510(a) and 541(a) of the Labour Code), be engaged in the corresponding activity (sections 510(c) and 541(c) of the Labour Code) and be able to read and write (sections 510(d) and 541(d) of the Labour Code). The Committee notes the Government’s indication that the labour legislation indeed establishes certain conditions which are discriminatory in the light of the Convention by limiting the right of foreign nationals to hold trade union office, or by establishing that officers of the trade union have to be engaged in the economic activity of the sector represented by the trade union, and that these matters are being envisaged in the draft reform of the Labour Code referred to above. The Committee hopes that in the context of this reform the requirement to be able to read and write to hold office in a trade union, federation or confederation will also be abolished and requests that the Government provide information on the amendments adopted on these matters.

–      The following restrictions on the right to strike:

n      the ban on strikes being called by federations and confederations (section 537 of the Labour Code). The Committee notes the Government’s indication that: (1) the draft reform, which is about to be the subject of consultation with workers and employers, envisages the elimination of this prohibition; and (2) federations and confederations have exercised the right to strike without it being declared unlawful by the Government. The Committee asks the Government to provide information on the amendment adopted on this matter;

n      the 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 of the Labour Code). The Committee notes the Government’s indication that the draft reform of the Labour Code envisages establishing a simple majority of half plus one, calculated on the basis of the workers present at the assembly, in order to be able to call a strike. The Committee asks the Government to provide information on any amendment in this respect;

n      the power of the Ministry of Labour and Social Security to end disputes in oil production, refining, transport and distribution services (section 555(2) of the Labour Code); the need for Government authorization or a six-month period of notice for any suspension or stoppage of work in public services that do not depend directly or indirectly on the State (section 558 of the Labour Code); and the submission to compulsory arbitration, without the possibility of calling a strike for as long as the arbitration award is in force (two years), of collective disputes in public services which are not essential in the strict sense of the term (sections 554(2) and (7), 820 and 826 of the Labour Code). The Committee notes the Government’s indication that these matters have been submitted for tripartite consultation and are awaiting discussion and approval in the context of the reform of the labour legislation. The Committee asks the Government to provide information in its next report on any measure adopted to amend the provisions referred to above.

The Committee recalls that for many years it has been referring to the need to amend the legislation to bring it into conformity with the Convention. The Committee expresses the firm hope that the amendments to the Labour Code referred to above will be undertaken in the near future and that the corresponding measures will be adopted to bring all the legislative provisions referred to above into conformity with the requirements of the Convention. The Committee requests that the Government provide information in its next report on the progress made in relation to the draft reform of the Labour Code. The Committee reminds the Government that the technical assistance of the Office is at its disposal.