Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - Honduras - 2012
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- Labour Code [LC], Decree No. 189 de 1959 (consolidated version) as last amended in 2008 by Decree No. 150-2008, of 31 October 2008 (Código del Trabajo de Honduras: Decreto No. 198 de 1959. Edición rubricada y concordada con las normas nacionales e internacionales del trabajo, Editores Darlan Esteban Matute López y Giovanni Rodríguez Mejía, OIT  in Spanish only)
Date: 31 Oct 2008; view website »
Compensation for unfair dismissal - free determination by court: No
Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method):
In the employer fails to prove the existence of one of the just causes listed in art. 112 LC, and reinstatement is not ordered by the judge, the employer will be liable to pay the employee compensation of an amount equivalent to the indemnity payable in the event of unjustified dismissal (auxilio de cesantía) which varies according to the employee's length of service, as follows (art. 120 LC):
- the length of service is between 3 and 6 months: 10 days of salary,
- from six months to one year of service: 20 days of salary,
- after one year of continuous services: one month's salary for each year of service, up to a maximum of 25 months' salary.
However, according to article 120A LC, the cap is reduced to 15 months' salary in micro-enterprises, which are defined as enterprises with a maximum of 10 employees.
In addition, the employer shall pay the back wages from the date of the dismissal until the decision of the labour judge is final.
- See art. 113 LC combined with art. 120 LC.
On back wages, see art. 113 LC.
Reinstatement available: Yes
- Art. 113 LC. Reinstatement is available is lieu of compensation for unfair dismissal if the employer fails to prove the existence of one of the just causes listed in art. 112 LC (i.e serious misconduct, violence, unjustified absence, inefficiency...).
Preliminary mandatory conciliation: Yes
- Art. 750 LC: preliminary conciliation is carried out by labour judge.
Competent court(s) / tribunal(s): labour court
- Arts. 666, 679 LC.
First instance judges are the "Juzgados de Letras del Trabajo".
Appeals are heard by the "Cortes de Apelaciones del Trabajo".
Existing arbitration: No