Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes the Government’s report and its reply to the comments of 10 August 2006 from the International Confederation of Free Trade Unions (ICFTU, now ITUC – International Trade Union Confederation), which referred mainly to issues relating to the legislation and the application of the Convention in practice which have already been examined, as well as the failure to comply with a collective agreement in the mining sector. With regard to the latter issue, the Committee notes the Government’s indication that the Secretariat of Labour and Social Security has not received any complaint in this respect. Nevertheless, the Secretariat is engaged in a procedure relating to other complaints against the mining company concerned.

The Committee recalls that it has been referring for many years in its comments to:

–           the lack of adequate protection against acts of anti-union discrimination, since the penalties established in section 469 of the Labour Code for persons who prejudice the right to freedom of association range between 200 and 10,000 lempiras (200 lempiras being equivalent to around US$12), which were deemed inadequate by one workers’ confederation; and

–           the lack of adequate and full protection against any acts of interference, and of sufficiently effective and dissuasive sanctions for such acts. Article 2 of the Convention provides for protection for workers’ and employers’ organizations against any acts of interference by each other (or their agents), with particular reference to acts that are intended to promote the establishment of workers’ organizations under the domination of employers or employers’ organizations, or to support workers’ organizations by financial or other means with the objective of placing such organizations under the control of employers or employers’ organizations. This protection is considerably broader than that envisaged in section 511 of the Labour Code, which is confined to providing that members of a union whose tasks entail representing the employer or who hold positions of management or personal trust, or who are easily able to exert undue pressure on their colleagues, may not hold trade union office.

In this respect, the Committee recalls that in its observation of 2005 it noted the preparation of a draft reform of the Labour Code incorporating a number of the amendments requested by the Committee, which had been preceded by a tripartite study. The Committee notes that in its report the Government reiterates its commitment to considerably strengthening tripartite dialogue as a tool for social and equitable development with a view to improving the labour legislation, with particular reference to section 469 of the Labour Code so as to ensure that it is more effective and thereby guarantees respect for the freedom to organize and to engage in collective bargaining. The Government retains the firm hope that the Economic and Social Council, which serves as a concerted social dialogue body, will serve as the forum in which all matters relating to the necessary and urgent reforms of the labour legislation will be analysed and discussed with a view to harmonizing it with ratified ILO Conventions.

The Committee expresses the firm hope that in the near future the Government will take the necessary measures to include in the national legislation adequate and full protection against any acts of anti-union discrimination or interference and will establish sufficiently effective and dissuasive sanctions against such acts. The Committee reminds the Government that the Office’s technical assistance is at its disposal.

Finally, the Committee notes the communication dated 28 August 2007 from the ITUC which refers to pending issues relating to the legislation and the application of the Convention. Furthermore, according to the ITUC, public employees are prohibited from concluding collective labour agreements, the Labour Code restricts the matters which may be covered by bargaining and empowers the Ministry of Labour to approve the content of a collective agreement. The ITUC also refers to the dismissal of numerous trade union leaders and members following the establishment of a trade union. The Committee requests the Government to provide its comments on these matters.