Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee takes note of the Government’s report and notes with interest that a draft reform of the Labour Code has been prepared and incorporates a number of the amendments the Committee has been requesting for many years. It also notes that a tripartite study was conducted before the reform was drafted.

The Committee has been commenting for several years on:

1. Inadequate protection against acts of anti-union discrimination. The Committee had requested the Government to make provision in the legislation, which already prohibits acts of anti-union discrimination, for sufficiently effective and dissuasive sanctions against such acts, since the penalties established in section 469 of the Labour Code for impairment of the right to freedom of association (from 200 to 10,000 lempiras, 200 lempiras being equivalent to around US$12) had been deemed inadequate by one workers’ confederation. The Committee once again expresses the hope that the draft legislation will be adopted in the near future and will provide for sufficiently effective and dissuasive sanctions against all acts of anti-union discrimination. The Committee requests the Government to provide further information on this matter in its next report.

2. Protection against acts of interference. The Committee notes that the Government again indicates in its report that pursuant to section 511 of the Labour Code, members of the 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. The Committee points out in this connection that Article 2 of the Convention provides for broader protection for employers’ and workers’ organizations against any acts of interference by each other (or their agents) and treats as acts of interference, among others, 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. The Committee again expresses the hope that the draft legislation will be adopted in the near future and will include provisions designed to prohibit and afford full and adequate protection against all acts of inference, together with sufficiently effective and dissuasive sanctions against such acts. The Committee requests the Government to provide information in its next report on any measures adopted to this end.