Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Honduras (Ratification: 1956)

Comments from workers’ and employers’ organizations

The Committee notes the Government’s reply to the comments of 31 July 2009, 2011 and 2012 from the International Trade Union Confederation (ITUC) referring to pending legislative matters and to: (1) The framing of a bill which could result in collective bargaining being authorized only for unions that represent more than 50 per cent of all employees in the enterprise. In this regard, the Government indicates that there is no record of such a bill having been submitted to parliament. (2) The creation of parallel unions by employers. The Government indicates in this regard that the competent bodies have received no formal complaints about the establishment of such organizations. (3) Anti-union practices in the export processing zones and various enterprises in the cement and bakery sectors, slow proceedings dealing with complaints of anti-union practices and non-compliance with court orders to reinstate trade unionists. The Government states in this regard that, through the Ministry of Labour and Social Security, it will seek to have these items put on the Economic and Social Council’s agenda. (4) Cases of anti-union dismissals. In this respect, the Government indicates that investigations are under way in the course of the General Labour Inspectorate’s work, and that court proceedings have been initiated, and in one case a trade unionist was reinstated.

Legislative matters. Articles 1 and 2 of the Convention. Protection from acts of discrimination and interference. The Committee recalls that for many years it has referred in its comments to:

• -The lack of adequate protection against acts of anti-union discrimination, since the penalties provided for in section 469 of the Labour Code for persons who interfere with the right to freedom of association range from 200 to 10,000 lempiras (200 lempiras being roughly equivalent to US$12) are obviously insufficient and a mere token. The Committee notes that in its report, the Government reiterates that protection against any act of discrimination that undermines freedom of association in the sphere of employment is guaranteed by the provisions of: (1) article 128(14) of the Constitution of the Republic, which confers the right to freedom of association on employers and workers alike; (2) section 517 of the Labour Code, which grants special state protection to workers when they notify to their employers their intention of forming a union and which provides that, from the date of such notification until receipt of the notice of legal personality, none of the notifying workers may be dismissed or transferred or suffer any impairment of their working conditions without due cause, as defined previously by the competent authority; and (3) the provisions of the Code that impose the penalties indicated by the Committee. The Committee again asks the Government, in consultation with the social partners, to take the necessary steps to amend the penalties established in section 469 of the Labour Code so as to make them dissuasive. The Committee further recalls that in its previous observation, it asked the Government to indicate specific cases in which section 321 of Decree No. 191-96 of 31 October 1996 (establishing penal sanctions for discrimination) has been used to apply sanctions for acts of anti-union discrimination. The Committee notes that according to the Government, the Ministry of Labour and Social Security sought information on the matter from the Office of the General Prosecutor of the Republic and is awaiting a reply in order to report back to the Committee. The Committee hopes that the Government will provide this information in its next report.
• -The absence of full and appropriate protection against all acts of interference, and sufficiently effective and dissuasive penalties against such acts. The Committee notes that the Government reiterates that the legislation does contain provisions to afford workers’ organizations adequate protection against all acts of interference by employers, a case in point being section 511 of the Labour Code, which bars from membership of executive committees of enterprise unions or first-level unions or from appointment to trade union office members who, on account of their duties in the enterprise, represent the employer or hold management posts or positions of trust or who are able easily to exercise undue pressure on their colleagues. The Committee recalls in this connection that the protection of Article 2 of the Convention is broader than that afforded by section 511 of the Labour Code and that in order to ensure that effect is given to Article 2 of the Convention in practice, the legislation must make express provision for sufficiently dissuasive remedies and sanctions against acts of interference by employers against workers and their organizations, including against measures that are intended to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to support workers’ organizations by financial or other means with the objective of placing such organizations under the control of employers or employers’ organizations. The Committee again requests the Government, in consultation with the social partners, to take the necessary steps to these ends.

Article 6. Right of public servants not engaged in the administration of the State to bargain collectively. In its previous comments the Committee pointed out that, although Article 6 of the Convention allows public servants engaged in the administration of the State to be excluded from the Convention’s coverage, other categories of workers must be able to enjoy the guarantees laid down in the Convention and thus bargain collectively for their conditions of employment, including pay. The Committee asked the Government to take the necessary steps to amend sections 534 and 536 of the Labour Code barring unions of public employees from submitting lists of claims or signing collective agreements. The Committee notes with regret that the Government has sent no information on this matter. The Committee again asks the Government to take the necessary measures to amend the legislation to take account to the abovementioned principle.

The Committee notes that the Government states that it will take steps to align the labour legislation with ratified Conventions, in the framework of the Economic and Social Council, with support from the ILO. The Committee trusts that all the issues it has highlighted will be taken into account, and asks the Government to provide information on any measures adopted in its next report.

[The Government is asked to supply full particulars to the Conference at its 102nd Session and to reply in detail to the present comments in 2013.]