Decree No. 189 promulgating the Labour Code, (Código del trabajo, La Gaceta No. 16,827-16,834, 15-18 and 20-23 July 1959) of 1 June 1959, as amended up, to Decree No. 32-2003, (La Gaceta No. 30,063, 16 April 2003) of 31 March 2003
Remarks: The provisions of the Labor Code apply for all the establishments as well as to all natural persons in Honduras, with the sole exceptions of; livestock farming establishments with less than 10 employees, civil servants and the persons or establishments expressly excluded. Art.2
Name of Act
Political Constitution, Decree 131, January 1, 1982, published in Official Gazette 23612 on January 20, 1982 (Constitución Política de la República de Honduras) as amended up to 17 August, 2005.
Agreement No.STSS-002-2011 issuing the Regulation of the National Program of Hourly Work (Reglamento del Programa Nacional de Empleo por Horas) of 21 January 2011.
The period during which the worker is at the employers disposal including rest or meal breaks if the worker cannot leave the workplace.
Labour Code Art.323
Employee/worker
Employee shall mean any natural person who render material and/or intellectual services to other natural or legal person in exchange of remuneration and according to a labour relation or a labour contract.
Labour Code Art.4
Employer
Employer means any person or entity, private or public , who uses the services of one or more workers, under a contract or employment relationship.
Labour Code Art.5
Overtime/overtime work
Overtime work means any work performed in excess of the normal hours of work and in any event in excess of the statutory maximum.
Any work that is done outside the limits specified for normal hours of work or exceeds any shorter hours of work agreed between the parties shall be deemed to be overtime.
Labour Code Art.320,330
Night work(er)
Night work is the work performed in the interval between 19.00 and 05.00 of the next day.
Labour Code Art.321
Young worker
Young worker is the worker who is between 14 and 18 years old.
Code of Childhood and Adolescence Art.120,123, 125
NORMAL HOURS LIMITS
Daily hours limit
General limit
The hours of work shall not exceed 8 per day.
Labour Code Art.322 Political Constitution of Honduras Art.128(1)
Historical data (year indicates year of data collection)
2009: 8 hours.
2007: 8 hours
Exceptions
The hours of work shall not exceed 44 per week. However, the 44 hour limit does not apply to specified groups including: (1) managerial and supervisory workers; (2) domestic workers; (3) intermittent work e.g. hotel staff (4) private chauffeurs and drivers; (5) work that by its nature cannot not be subject to the hours limit, e.g. agriculture, stockbreeding (6) workers paid on commission and similar employees who dont work on the workplace. These workers cannot be required to remain at work for more than 12 hours a day, and are entitled to a minimum rest period of one and a half hours.
Labour Code Art.322, art.325 (a,b,c,d,e,f,)
Special categories
» Night work
The hours of night work shall not exceed 6 per day, and 7 hours when the work is performed during day and night time.
Political Constitution of Honduras Art.128 (1)
» Young workers
The maximum number of working hours that young workers may performed depends on the age; workers with 14-16 years old shall work maximum 4 hours per day, and those between 16 and 18 years old, maximum 6 hours per day.
Code of Childhood and Adolescence Art.125 Labour Code Art.32, 129
Weekly hours limit
General limit
The hours of work shall not exceed 44 hours per week.
Labour Code Art.322 Political Constitution of Honduras Art.128
Historical data (year indicates year of data collection)
2009: 44 hours per week.
2007: 44 hours
1995: 44 hours.
Exceptions
The 44 hour limit does not apply to specified groups including: (1) managerial and supervisory workers; (2) domestic workers; (3) intermittent work e.g. hairdressers, hotel staff (4) private chauffeurs and drivers; (5) work that by its nature cannot not be subject to the hours limit, e.g. agriculture, stockbreeding. (6) workers paid on commission and similar employees who dont work on the workplace. These workers cannot be required to remain at work for more than 12 hours a day, and are entitled to a minimum rest period of one and a half hours.
Labour Code Art.325
Special categories
» Night work
The hours of night work shall not exceed 36 per week, and 42 hours when the work is performed during day and night time.
Political Constitution of Honduras Art.128(1)
» Young workers
Young workers shall not perform more than 36 hours of work per week.
Labour Code Art.32
OVERTIME WORK
Criteria for overtime
General
Overtime work means any work performed in excess of the normal hours of work and in any event in excess of the statutory maximum.
Any work that is done outside the limits specified for normal hours of work or exceeds any shorter hours of work agreed between the parties shall be deemed to be overtime.
Labour Code Art.320, art.330
Limits on overtime hours
General limits
Maximum daily working time of 12 hours (normal and overtime hours). Employers cannot require that individual workers perform overtime work more than 4 times a week.
Labour Code Art.332
Historical data (year indicates year of data collection)
2009: Maximum daily working time of 12 hours (normal and overtime hours).
Employers cannot require that individual workers perform overtime work more than 4 times a week.
2007: Maximum daily working time of 12 hours (normal and overtime hours).
Employers cannot require that individual workers perform overtime work more than 4 times a week.
1995: Maximum of 12 hours per day, including overtime.
Restrictions/exceptions
The limit can be exceeded where persons, establishments, machinery, equipment, products or crops are threatened by a disaster or are in imminent danger, and substitutes cannot be found for the workers concerned or the work cannot be suspended without manifest damage.
Overtime shall not be permitted in the case of work that is by nature dangerous or unhealthy.
Art.332, art.333
Compensation for overtime work
Overtime rate(s)
Overtime work shall be remunerated as follows: -25% in excess of the normal salary when the work is performed during daytime. -50% in excess of the normal salary when the work is performed during night time. -75% in excess of the night work salary when overtime work is held as a continuation of the night time work.
Labour Code Art.330
Historical data (year indicates year of data collection)
2009: 50% overtime premia
2007: 25% increase (day hours)
50% increase (night hours)
75% increase (hours in addition to night work)
1995: 25% premium performed by day, 75% for overtime work performed additional to ngiht work (100% during weekly rest days and on public holidays)
Exceptions
The work performed to rectify errors for which the worker is solely responsible will not be considered as overtime work.
Labour Code Art.331
Special categories
Night work
The legislation states the following rates of compensation for night workers: -50% in excess of the normal salary when the work is performed during night time. -75% in excess of the night work salary when overtime work is held as a continuation of the night time work.
Labour Code Art.330 (1,2,3)
Young workers
Young workers (under 16 years) are prohibited from overtime work.
Labour Code Art.129
SCHEDULES
Relevant provisions on schedules have not been identified.
REST PERIODS
Rest breaks
General provisions
The normal hours of work on any day may be continuous or may be divided in two or more periods with such breaks for rest as are appropriate to the nature of the work and the requirements of the workers.
When it is agreed that the normal hours of work are to be continuous, the worker shall be entitled to a minimum of 30 minutes rest in the course of the day; this rest shall be counted as actual working time.
Labour Code Art.326
Historical data (year indicates year of data collection)
2009: The normal hours of work on any day may be continuous or may be divided in two or more periods with such breaks for rest as are appropriate to the nature of the work and the requirements of the workers.
When it is agreed that the normal hours of work are to be continuous, the worker shall be entitled to a minimum of 30 minutes' rest in the course of the day; this rest shall be counted as actual working time.
2007: The normal hours of work on any day may be continuous or may be divided in two or more periods with such breaks for rest as are appropriate to the nature of the work and the requirements of the workers.
When it is agreed that the normal hours of work are to be continuous, the worker shall be entitled to a minimum of 30 minutes' rest in the course of the day; this rest shall be counted as actual working time.
1995: 30-minute rest break in the course of the day.
Special categories
» Young workers
Young workers are entitled to a rest break of 2 hours in their working day.
Labour Code Art.130
» Agricultural workers
Agricultural Workers are entitled to a minimum rest period of one and a half hours.
Labour Code Art.325(e)
» Women
Women workers are entitled to a rest break of 2 hours in their working day.
Labour Code Art.130
Daily rest periods
Duration
Daily rest period shall last at least 10 consecutive hours.
Labour Code Art.327
Historical data (year indicates year of data collection)
2009: Not less then 10 consecutive hours.
2007: At the end of each working day workers shall be granted a rest period of not less then 10 consecutive hours.
1995: 10 consecutive hours.
Weekly rest periods
Duration
» General
Every worker shall be granted one days rest, which shall be preferably be Sunday, for every six days work.
Labour Code Art.338
Historical data (year indicates year of data collection)
2009: Every worker shall be granted one day's rest, which shall be preferably be Sunday, for every six days' work.
1995: 24 hours for every 6 days of work.
Day specified
» General
The weekly rest shall be preferably take on Sunday.
Labour Code Art.338
Work on weekly rest day
» Criteria
A 24 consecutive hours of rest on a different day than Sunday may be permitted in the folllowing situations: 1) where there is an evident and urgent need to do work which can not be interrupted; 2) where the technical or practical nature of the work is such that it has to be continued, 3) where the interruption of the work on Sundays could be prejudicial to the public interest or the public health.
Labour Code Art.338
» Compensation (for working on a rest day)
A rest period of 24 hours may be fixed on any other day.
Labour Code Art.338
Special categories
» Young workers
Under 16 years old workers shall not work on the weekly rest day.
Labour Code Art.338
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
Qualifying period
In order to be entitled to enjoy paid annual leave, the worker shall have performed at least one year of continuous employment with the same employer.
Labour Code Art.346
Duration
» General
The period of time of annual leave differs in relation to the time of work performed with the same employer: - 10 consecutive working days after one year of service. - 12 consecutive working days after two years consecutive service; - 15 consecutive working days after three years consecutive service; - 20 consecutive working days after four or more years consecutive service.
Labour Code Art.346
Historical data (year indicates year of data collection)
2009: - 10 consecutive working days.
- 12 consecutive working days after two year's consecutive service;
- 15 consecutive working days after three year's consecutive service;
- 20 consecutive working days after four or more year's consecutive service;
2007: Ten consecutive working
1995: 10 working days.
» Exceptions
Workers shall enjoy without interruption their holidays, but at the request of the employer, and when the urgent measure so requires, he can be request the worker to return to work without prejudice to return on vacation afterwards. In that case, the costs are assumed by the employer.
Labour Code Art.351
Payment
» Amount
Annual leave is paid. However, no references to the exact amount to be perceived during the leave.
Labour Code Art.348
» Date of payment
The worker is entitled to receive the payment 3 days before the date in which the leave commence.
Labour Code Art.348
Schedule and splitting
The employer fixes the times when the workers may take the annual leave, which at the latest shall be before a three month period after the time he was supposed to enjoy his leave. The employer will notify the worker of the time of his leave ten days in advance.
Labour Code Art.348
PUBLIC HOLIDAYS
Number and dates
All workers are entitled to 11 days of public holidays: 1 January, 14 April, 1 May, 15 September, 3, 12 and 21 October and 25 December, Maundy Thursday, Good Friday, Easter Saturday.
Labour Code Art.339
Payment
Every employer shall be obliged to pay his workers for the public national holidays, even when they fall on a Sunday.
Labour Code Art.339
Work on Public Holidays
» Compensation
Where work is continued on a weekly rest day or public national holiday by virtue of an agreement, the wage paid in respect thereof shall be calculated in proportion to the time worked at double the rate payable for a normal working day. The wages due in respect of public or national holidays not worked shall be paid on the basis of the daily average of the ordinary and overtime pay earned by the worker on the week immediately preceding the public or national holiday in question.
Labour Code Art.339
PART-TIME WORK
General provisions
A National Program on Employment per hours has been decreted as an urgent anticrisis measure, with a duration of 36 months from its adoption and subject to extension depending on the economic and labour market conditions.
In order to encourage the employment growth during this time, the employers may subscribe with the workers employments per hours and part time contracts to perform day and/or night work.
The minimum number of hours to be performed per day in an employment set per hours is 2 in the rural area and 3 hours in the urban area.
In case of part-time contracts the minimum number of hours to be performed per day is 4 in day time work, 3 in night time work, and 3.5 in day and night time work.
Night work is the work performed in the interval between 19.00 and 05.00 of the next day.
Labour Code Art.321
Compensation
Night work shall be remunerated at 25% more than day work rate. The same increase shall be paid for any hours of night work when work is done partly by day and partly by night.
Labour Code Art.329
Special categories
Young workers
Night work is prohibited for young workers under 16. However, workers in between 16 and 18 years old may be authorised working until 8 p.m. as far as compatible with their education and physical and moral health.
Labour Code Art.129 Code of Childhood and Adolescence Art.125
SHIFT WORK
Relevant provisions on shift work have not been identified.
ON-CALL WORK
Relevant provisions on on-call work have not been identified.
FLEXITIME
Relevant provisions on flexitime have not been identified.
CASUAL WORK
Relevant provisions on casual work have not been identified.
SHORT-TIME WORK/WORK-SHARING
General provisions
A National Program on Employment per hours has been decreted as an urgent anticrisis measure, with a duration of 36 months from its adoption and subject to extension depending on the economic and labour market conditions.
In order to encourage the employment growth during this time, the employers may subscribe with the workers employments per hours and part time contracts to perform day and/or night work.
The minimum number of hours to be performed per day in an employment set per hours is 2 in the rural area and 3 hours in the urban area.
In case of part-time contracts the minimum number of hours to be performed per day is 4 in day time work, 3 in night time work, and 3.5 in day and night time work.
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