Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report.

1. Inadequate protection against acts of anti-union discrimination. In its previous comments, the Committee requested the Government to take measures to ensure that the legislation, which already prohibits acts of anti-union discrimination, sets forth sufficiently effective and dissuasive sanctions against such acts. The Committee noted in its previous observation that, according to the Government, as the penalties envisaged in section 469 of the Labour Code against persons impairing the right to freedom of association (from 200 to 2,000 lempiras, with 200 lempiras being equivalent to around $12) had been deemed inadequate by one workers’ confederation, a process of tripartite dialogue would be initiated to discuss reforms of the labour legislation to adapt it to the needs of the social partners. In this respect, the Committee notes the Government’s statement in its report that, although it has forwarded the observations of the Committee of Experts to employers’ and workers’ organizations for their opinions, it has not received any reply from them. The Government adds that examination of labour law reforms is envisaged in the strategic agenda of the tripartite dialogue and consultation body and, in particular, the Economic and Social Council. The Committee once again hopes that the outcome of the tripartite discussions on labour law reform will be the preparation of a Bill in the near future providing for sufficiently effective and dissuasive sanctions against all acts of anti-union discrimination. The Committee requests the Government to provide information on this matter in its next report. The Committee also reminds the Government that it can seek the Office’s technical assistance in drafting the above Bill.

2. Protection against acts of interference. The Committee notes the Government’s indication in its report that, under the terms of section 511 of the Labour Code, members of a union whose tasks 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, may not hold trade union office. In this respect, the Committee recalls that Article 2 of the Convention provides for broader protection for workers’ and employers’ organizations against any acts of interference by each other (or their agents) and considers as acts of interference, in particular, acts which are designed 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 object of placing such organizations under the control of employers or employers’ organizations. In this respect, the Committee once again hopes that, in the context of the process of dialogue for the labour law reform, provisions will be included, designed to prohibit and afford full and adequate protection against any acts of interference, as well as sufficiently effective and dissuasive sanctions against such acts.

The Committee once again requests the Government to provide information in its next report on any measure adopted to this end.