In Honduras, termination of employment is regulated by the Honduran Labor Code (Código del Trabajo). This is crucial knowledge for both employers and employees operating within the country.

Lawful Grounds for Dismissal

The Honduran Labor Code specifies certain grounds on which an employer can lawfully terminate an employee's contract. These include:

• Just Cause: This could be due to serious misconduct or negligence by the employee, repeated offenses despite warnings, insubordination or disrespect towards the employer or supervisors, physical or verbal abuse in the workplace, or habitual drunkenness or drug use during work hours.
• Economic or Structural Reasons: These could be financial difficulties of the company, restructuring or downsizing, or closure of the business.

Notice Requirements

Honduran law mandates employers to provide advance notice of termination. The notice period depends on the employee's length of service:

• Less than 3 months of service: 24 hours notice
• 3 to 6 months of service: 1 week's notice
• 6 months to 1 year of service: 2 week's notice
• 1 to 2 years of service: 1 month's notice
• More than 2 years of service: 2 month's notice

Severance Pay

Employees dismissed for reasons other than just cause are entitled to severance pay (Cesantía) in Honduras. The amount of severance pay is determined by the employee's length of service and the circumstances of termination.

• Calculation: Severance pay is typically calculated based on one month's salary for each year of service.
• Exceptions: Employees dismissed for just cause are not entitled to severance pay.

Additional Considerations

• Mutual Termination: Employers and employees can mutually agree to terminate the employment relationship, provided they adhere to the notice periods and conditions specified in the employment contract or legal statutes.
• Retirement: Termination due to age is permissible once the employee reaches the legal retirement age.

Honduras has made significant progress in establishing legal protections against discrimination. The country's anti-discrimination laws recognize several categories of protected characteristics. These include sex, race, disability, age, sexual orientation, health status, pregnancy, and political or religious beliefs.

Protected Characteristics

Honduran law prohibits discrimination based on biological sex, gender identity, and gender expression. It also protects against discrimination based on race and ethnicity. Individuals with physical or mental disabilities are also protected. Age-based discrimination, especially in employment contexts, is prohibited. The law also protects lesbian, gay, bisexual, and transgender (LGBT) individuals from discrimination. Discrimination based on HIV/AIDS status and other health conditions is also prohibited. Discrimination based on pregnancy or related medical conditions is not allowed. The law also protects against discrimination based on political or religious affiliations.

Redress Mechanisms

Individuals who experience discrimination have several options for redress. They can file complaints with the National Human Rights Commission (CONADEH), which can investigate and seek resolutions in cases of discrimination. Employees specifically may file complaints with specialized labor courts regarding workplace discrimination. In severe cases, discrimination can amount to a crime, and victims may file criminal complaints with the Public Ministry (Ministerio Público).

Employer Responsibilities

Employers in Honduras have specific responsibilities under anti-discrimination laws. They must develop and implement clear policies prohibiting discrimination based on protected characteristics. They must ensure equal treatment and opportunities in hiring, promotion, and compensation. They are also required to provide reasonable adjustments for employees with disabilities. Employers must establish and enforce policies to prevent harassment in the workplace. They must also have mechanisms for receiving, investigating, and addressing discrimination complaints.

Key Legislation

The Honduras Constitution (Article 60) provides the fundamental principle of equality and prohibits discrimination. The Honduras Penal Code (Articles 321 and 321-A) criminalizes discrimination and incitement to discrimination based on various grounds, including sexual orientation and gender identity. The Labor Code also prohibits workplace discrimination.

In Honduras, the national labor code outlines the standards for working conditions, encompassing work hours, rest periods, and ergonomic requirements.

Work Hours

The standard workweek in Honduras is 44 hours, which translates to a maximum of 8 hours per day. Work exceeding the standard hours is considered overtime and must be compensated accordingly. Night shifts require a 50% surcharge on the day shift salary, and extended night shifts receive a 75% increase.

Rest Periods

Honduran labor law mandates a 24-hour rest period every eight days. Employees are entitled to paid vacation leave after completing a year of work. The minimum is 10 days, increasing to 20 days after four years of service.

Ergonomic Requirements

While specific ergonomic regulations are not readily available, the Honduran labor code does recognize workers' rights to a safe and healthy work environment. This likely translates to some requirements for ensuring proper ergonomics in the workplace.

Honduras prioritizes worker well-being through a framework of health and safety regulations. These regulations establish clear obligations for employers, empower employees with safety rights, and designate enforcement agencies to ensure compliance.

Employer Obligations

Honduran employers hold significant responsibility for creating a safe work environment. The Labor Code and "Safety and Hygiene Protocol in Workplaces in Prevention of COVID-19" outline these obligations. Here are some key points:

• Risk Assessment and Prevention: Employers must conduct risk assessments to identify potential hazards and implement preventive measures to mitigate them.
• Provision of Safety Equipment: Employers are obligated to provide personal protective equipment (PPE) appropriate for the specific job tasks.
• Hygiene and Sanitation: The workplace must maintain adequate hygiene standards, including providing handwashing facilities and sanitation supplies.
• Training and Information: Employees must receive training on safety procedures and be informed of any potential hazards associated with their work.

Employee Rights

The Honduran legal framework grants employees crucial rights concerning workplace safety and health:

• Right to a Safe Workplace: Employees have the right to work in an environment free from foreseeable risks to their health and safety.
• Refusal of Unsafe Work: Employees can refuse to perform tasks they believe pose a serious threat to their safety.
• Reporting of Hazards: Employees have the right to report unsafe working conditions to their employer or relevant authorities.

Enforcement Agencies

The Honduran government plays an active role in enforcing health and safety regulations through two primary agencies:

• Secretaría de Trabajo y Previsión Social (SETPS): The Ministry of Labor and Social Welfare (SETPS) is responsible for conducting workplace inspections and enforcing labor laws, including health and safety regulations.
• Instituto Hondureño de Seguridad Social (IHSS): The Honduran Social Security Institute (IHSS) works to prevent occupational accidents and diseases through education and monitoring programs.