Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

Other comments on C098

Observation

Direct Request

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The Committee notes the observations of the General Confederation of Workers (CGT), and the Confederation of Workers of Honduras (CTH) transmitted with the Government’s report, which deal with issues examined by the Committee in this observation. The Committee also notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017, which also relate to issues examined by the Committee in this observation, as well as the Government’s comments thereon. The Committee further notes the observations of the Honduran National Business Council (COHEP), received on 22 August 2017, on issues examined by the Committee in this observation, as well as the respective comments made by the Government.

The Committee notes the Government’s comments on the observations of the CGT and CTH relating to problems in the collective industrial relations in the education sector, issues that are being examined by the Committee on Freedom of Association in the framework of Case No. 3032.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee referred to the lack of adequate protection against acts of anti-union discrimination, as the fines established in section 469 of the Labour Code are merely symbolic. The Committee notes that the Government reports the adoption of a new Inspection Act, published on 15 March 2017 (Legislative Decree No. 178-2016). The Committee notes with interest that section 90 of the Act imposes fines of 300,000 Honduran lempiras (HNL) (equivalent to US$12,884.84) for any type of acts that prejudices freedom of association and that, according to COHEP, the entry into force of the Act resulted in the repeal of section 469 of the Labour Code. Moreover, the Committee notes that the Act establishes a fine of HNL250,000 for any hindrance of labour inspection. The Committee requests the Government to provide information on the application and impact in practice of the fines for anti-union acts established in the new Inspection Act.

The Committee also notes the approval of Agreement No. STSS-196-2015 establishing a mandatory nationwide administrative procedure to protect workers intending to establish a trade union and that the protection provided by this procedure begins as soon as the establishment of the trade union is notified and ends when the notice of legal personality is received. Furthermore, the Committee notes that the Decision establishes guidelines to improve guidance services and inspections in relation to freedom of association and collective bargaining. The Committee also notes that the Decision provides that the General Labour Directorate shall notify the labour inspectorate whenever it is informed of the conclusion of a collective accord on conditions of employment so as to ensure that the inspectorate carries out an investigation to identify possible violations of freedom of association. While noting these initiatives with interest, the Committee requests the Government to provide information on their application in practice and to examine, with the social partners, the possibility of incorporating into the Labour Code the content of Agreement No. STSS 196 2015.

Article 2. Adequate protection against acts of interference. The Committee recalls that, for many years, it has been indicating the need for the legislation to explicitly prohibit all the acts of interference covered by Article 2 of the Convention and to also establish remedies and sufficiently dissuasive penalties for such acts, as the general provisions contained in section 511 of the Labour Code are insufficient. While noting the Government’s indication that the new Inspection Act implicitly gives effect to the Convention, the Committee notes that the Act itself does not contain explicit provisions against acts of interference. The Committee is therefore bound to once again request the Government, after consultation with the social partners, to take the necessary measures to incorporate into the legislation explicit provisions that ensure effective protection against acts of interference by the employer, in accordance with Article 2 of the Convention. The Committee requests the Government to take due note of this issue in the process of reforming the Labour Code referred to in the Committee’s observation on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and to report any progress in this regard.

Articles 4 and 6. Promotion of collective bargaining. Right of collective bargaining of public servants not engaged in the administration of the State. In its previous comments, the Committee, having noted that sections 534 and 536 of the Labour Code provide that unions of public employees may not submit lists of claims or sign collective agreements, recalled that, although Article 6 of the Convention excludes public servants engaged in the administration of the State (such as public servants in ministries and other comparable government bodies and their auxiliaries) from the scope of application of the Convention, other categories of public servants and public employees (for example, employees of public enterprises, municipal services and decentralized entities, public sector teachers and personnel in the transport sector) should enjoy the guarantees laid down in the Convention and therefore be able to bargain collectively their terms and conditions of employment, and in particular their wages.

The Committee notes the Government’s indication that collective bargaining by trade unions in the public sector, specifically those in the government sector, is limited, and that the same applies to the army and police forces. The Committee nevertheless notes the Government’s indication that, various decentralized and centralized institutions (the Ministry of Health, Finance, the National Children’s Institution, the Energy Enterprise of Honduras, the Secretariat of State for Infrastructure and Public Services, Hondutel and the National Autonomous Water and Sewerage Service) are permitted to submit claims and engage in collective bargaining. The Committee also notes that on 23 June 2016, a memorandum of understanding was signed setting the ordinary wage in the civil service at HNL1,800. While noting the information provided, the Committee requests the Government to specify the texts that recognize the right to workers to collective bargaining in these institutions, and how they are related to sections 534 and 536 of the Labour Code. While welcoming the signing of the memorandum of understanding referred to by the Government, the Committee also requests the Government to provide comprehensive information on the agreements concluded in the public sector.

Application of the Convention in practice. Export processing zones. The Committee notes that the Government, in response to its previous request, indicates that ten inspections have been carried out in export processing zones. The Committee requests the Government to provide information on the findings of the inspections in relation to freedom of association and to provide full information on the number of complaints of violations of trade union rights in export processing zones.

Anti-union discrimination. The Committee notes that the 2017 observations of the ITUC contain numerous reports of acts of anti-union discrimination in various sectors of the economy, including dismissals of trade union leaders and the creation of black lists. While taking note of the Government’s comments with regard to the actions taken by the competent authorities, the Committee expresses the hope that the entry into force of the new Inspection Act will ensure effective protection against such acts and will prevent their repetition.

Allegations of acts of corruption in the labour inspectorate in relation to trade union rights. In its previous comments, the Committee asked the Government to provide information on alleged cases of corruption in the labour inspectorate in relation to the exercise of trade union rights. The Committee notes the Government’s indication that there has been a significant decrease in the number of cases of corruption in which labour inspectors have provided information to third parties on the establishment of trade unions, and that various inspectors have been subjected to disciplinary measures, including dismissal. The Government adds that section 12 of the new Inspection Act establishes a series of principles and obligations governing the action of labour inspectors, and that a technical audit on inspection has been established and has been given the means to ensure technical independence, objectivity and impartiality in the verification of the work of inspectors and for receiving complaints. The Committee takes due note of this information and hopes that the action of the technical audit on labour inspection will make it possible to ensure the complete integrity of inspections. The Committee requests the Government to report the results of the work by the technical audit in its next report on the application of the Labour Inspection Convention, 1947 (No. 81).

Collective bargaining in practice. The Committee notes that the Government provides information on the registration of three collective labour accords in export processing zones between 2016 and 2017. The Committee requests the Government to provide information on the measures taken, in conformity with Article 4 of the Convention, to promote collective bargaining, and to continue providing information on the number of collective agreements concluded and in force in the country, indicating the sectors concerned and the number of workers covered.