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Honduras - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Honduras - 2012    

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Obligation to provide reasons to the employee: Yes
Remarks:
  • Art. 117 LC.


Valid grounds (justified dismissal): worker's conduct; worker's capacity; economic reasons
Remarks:
  • * Art. 112 LC provides a list of just causes which allow the employer to dismiss an employee without liability on his or her part. These just causes include:
    - deceit by means of false letters of recommendation or certificates, -
    - acts of violence, insults, or serious indiscipline at work against the employer or his/her relatives,
    - deliberate material damages against the plant, machinery, tools, goods or merchandise and any serious negligence endangering the safety of the workers or the material,
    - acts of immorality,
    - revealing manufacturing secrets,
    - criminal conviction,
    - unjustified absence from work without any justification for two consecutive working days, or a total of three days within the same months,
    - repeated failure to adopt the preventive measures or to follow the proper procedure to avoid accidents at work and occupational diseases,
    - obvious incapacity and inefficiency to fulfil the obligations under the contract,
    - infectious disease or mnetal illness when the worker refuses treatment,
    - serious misconduct and serious breaches of the obligations under the contract of employment.

    In addition, art. 111 LC lists other causes of termination such as force majeure, insolvency, business closure, and suspension of the activities of the employer for more than 120 days for economic reasons (see below under "collective dismissals").

    Art. 116 LC allows for termination of a contract of indefinite duration by either party by giving advance notice to the other party.


Prohibited grounds: pregnancy; trade union membership and activities
Remarks:
  • Dimissal on the grounds of pregnancy and lactation is prohibited in art. 144 LC.
    Art. 96 c) also prohibits the dismissal of an employee on the grounds of his or her trade union membership and his or her participation in trade union activities.

    Note that Art. 12 of the LC prohibits discrimination based on race, religion, political opinion and economic status, but only with regards to any social welfare, educational, cultural, recreational or commercial establishment operated for the use or benefit of the community in any undertaking or workplace, whether under private or state ownership.


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave
Remarks:
  • - Employees who are members of the Board of Directors of a trade union enjoy special protection: they can only be dimissed with prior authorization from the Labour judge (the autorization will be only delivered if the employer duly proved the existence of a just cause) (art. 516 LC).
    If the employer fails to comply with this requirement, he or she will be liable to pay the 6 months' salary to the trade union organization.
    - The same rule applies to pregnant women: art. 124 LC.
    - The LC also requires the employer to obtain prior authorization from the Labour Inspector (or the mayor) before dismissing a women during the entire period of pregnancy and 3 months after the child delivery. Such authorization to dismiss can only be given if the existence of one of the just causes listed in art. 112 LC is proven (see arts. 144 and 145 LC)