Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Honduras (Ratification: 1960)

Other comments on C106

Observation

2011

Direct Request

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Article 6 of the Convention. Right to weekly rest. The Committee notes the observations of 31 August 2010 and 30 March 2011 made by the Single Confederation of Workers of Honduras (CUTH), the Workers’ General Central Union (CGT) and the Workers’ Central Union of Honduras (CTH) as well as the Government’s reply of 22 November 2011, concerning the application of the Convention. These comments refer to a draft decree to establish a national anti crisis plan for job creation, which has since been adopted and is now Decree No. 230-2010 of 4 November 2010. The Committee notes that section 7 of the Decree provides that workers hired under the anti-crisis programme are subject exclusively to the programme’s provisions as regards their rights and obligations and the benefits to which they are entitled. It notes that section 7 also provides that the workers concerned will nonetheless enjoy the fundamental rights established in the Labour Code and the eight ILO fundamental Conventions. In the Committee’s view, as currently worded, this provision suggests that only the provisions of the Labour Code relating to freedom of association, the right to collective bargaining, the prohibition of forced labour and child labour and non discrimination apply to these workers, to the exclusion of the provisions on weekly rest among others. This view appears to be confirmed by the Government in its reply to the observations of CUTH, CGT and CTH. The Committee therefore asks the Government to indicate how it is ensured that workers hired under the anti-crisis programme established by Decree No. 230-2010 effectively enjoy their right to weekly rest in accordance with the provisions of this Convention.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part time and night work, remain relevant in the twenty-first century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.