Honduras

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 comment, the Committee, having taken note of the Government’s indication that various decentralized and centralized institutions were permitted to submit claims and engage in collective bargaining, requested the Government to specify the texts that recognized the right of workers to collective bargaining in these institutions, and how they were related to sections 534 and 536 of the Labour Code, which provide that unions of public employees may not submit lists of claims or conclude collective agreements. The Committee notes the Government’s indication that the Constitution of the Republic embraces the principles and practices of international law and establishes equal rights, including the right to collective bargaining. With regard to sections 534 and 536 of the Labour Code, the Government indicates that while it is true that there are limitations on collective bargaining in the public sector, trade unions can submit “respectful statements” containing requests and allowing negotiations aimed at improving administrative organization or working methods. It indicates that there are “respectful statements” in four public institutions. The Committee further notes that the COHEP forwarded information provided by the DGT indicating that in the public sector, 34 collective agreements, two collective accords, nine special accords, 26 memorandums of understanding and four “respectful statements” are in place. The Committee also notes that the Committee on Freedom of Association (CFA) examined allegations of failure by a public institution to comply with a collective agreement and requested the Government to promote dialogue between the parties so that the collective agreement is fully implemented (see 386th Report, June 2018, Case No. 3268). The Committee observes that while it appears from the foregoing information that collective bargaining is in practice possible in certain public institutions, the fact remains that sections 534 and 536 of the Labour Code do not allow unions of public employees to submit lists of claims or conclude collective agreements. The Committee further recalls that a system in which public employees may only submit to the authorities “respectful statements”, a mechanism that does not allow for real negotiations to take place with regard to conditions of employment, is not in accordance with the Convention. It further recalls 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 its scope of application, other categories of public servants and public employees (for example, employees of public enterprises, municipal services and decentralized entities, public sector teachers and transport sector personnel) should enjoy the guarantees provided for by the Convention and, therefore, be able to undertake collective bargaining with respect to their terms and conditions of employment, in particular their pay. The Committee therefore once again requests the Government to take the necessary measures to amend sections 534 and 536 of the Labour Code so that the right to collective bargaining of public servants not engaged in the administration of the State is duly recognized in national law. It encourages the Government to address this issue in the context of the process of reforming the Labour Code and requests it to provide information in this respect.