Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Protection of Wages Convention, 1949 (No. 95) - Honduras (Ratification: 1960)

The Committee notes the Government’s report and the observations made by the Workers’ General Central Union (CGT), the Single Confederation of Workers of Honduras (CUTH) and the Honduran National Business Council (COHEP), attached to the report. The Committee also notes the observations made by COHEP and the International Organisation of Employers (IOE), received on 31 August 2016.

The Committee recalls that, in its previous comments, it requested the Government to indicate the manner in which it is ensured that workers hired under the anti-crisis programme established by Decree No. 230-2010 effectively enjoy the protection afforded by the Convention. In this respect, the Committee notes the Government’s indication that this Decree was converted into the Hourly Employment Act by virtue of Decree No. 354-2013 and that, based on sections 1 and 6 of the Act, workers enjoy the protection set out in the Convention. The Committee also notes that, according to the CGT, a wage protection system already exists in the Labour Code and that the CUTH has asked for the Hourly Employment Act to be repealed. The Committee further notes that the COHEP and the IOE indicate that workers contracted under the new Hourly Employment Act enjoy the protection set out in the Convention. The Committee observes that sections 1 and 6 of the Act provide that: (i) the Act is consistent with the Constitution of the Republic, labour and social security legislation and the ratified International Labour Organization Conventions; and (ii) payment of the basic wage must be made in legal tender. In addition, the Committee notes that section 14, as well as clause 16 of the model contract under this Act, provide that any case not provided for by the Act or in the contract must be resolved in accordance with the principles of labour law, international labour Conventions and the respective provisions of the Labour Code. The Committee notes all this information.