Executive Agreement 001-2021
Poder Ejecutivo
- Decree: Ejecutivo-001-2021
- Published: June 23, 2021
- Issuing body: Poder Ejecutivo
- Gazette: 35,636
- Category: Labor
Summary
This executive agreement sets the minimum wage increase in Honduras starting July 1, 2021, with different percentages based on economic activity and company size. It affects all workers in the country and aims to maintain their purchasing power considering the economic crisis from COVID-19 and hurricanes.
Considerations
Whereas the President of the Republic, by means of Agreement Number 626-STSS-2020 dated twenty-one (21) December two thousand twenty (2020), appointed the Minimum Wage Commission composed of representatives of the Employer, Worker, and Public interests.
Whereas the Secretariat of State in the Office of Labor and Social Security, in the exercise of its powers, timely prepared the Study containing the analysis of the economic and social situation of the country, which was provided to the members of the Commission, as it is an indispensable instrument for the review and establishment of the Minimum Wage.
Whereas the Minimum Wage Commission held various hearings, which were held between twenty-eight (28) December two thousand twenty (2020) and fifteen (15) June two thousand twenty-one (2021), with the purpose of reaching a consensual agreement regarding the establishment of the minimum wage, without having achieved the same despite the mediation efforts made by the government representation.
Whereas it is recorded in the Minutes of the hearing held by the Minimum Wage Commission, on fifteen (15) June two thousand twenty-one (2021), in which the representatives of the Employer Interest together with the representatives of the Worker Interest, upon failing to reach agreement regarding the establishment of the Minimum Wage, expressly agreed that the Head of the Executive Branch, in exercise of the powers granted to him by the Constitution of the Republic, shall be the one to review and establish the minimum wage in accordance with the Law.
Whereas it is necessary to establish Minimum Wages, in order to contribute to and maintain the purchasing power of Honduran workers and at the same time contribute to the harmony of relations between employers and workers in the country.
Whereas as a result of the humanitarian and health emergency, the national economy was severely affected, principally due to the effects of the pandemic generated by Covid-19 on productive activity, coupled with the impact of tropical storms ETA and IOTA, said combined events generated an economic contraction of nine point zero percent (9.0%) of real GDP and the inflation rate (CPI) of four point zero one percent (4.01%), according to what was published by the Central Bank of Honduras.
Whereas the President of the Republic, based on the criteria derived from the socioeconomic study conducted by the Secretariat of Labor and Social Security, has decided to establish the increase in the minimum wage taking into consideration the economic, financial, and social situation of the country, in pursuit of maintaining harmony between capital and labor and supporting the strategy to recover the country's economy.
Articles
To establish the Adjustment to the Minimum Wage, which shall become effective as of the first (01) day of July of two thousand twenty-one (2021), in accordance with the percentages described in the following table:
The minimum wage table that shall govern throughout the country in accordance with economic activities, worker categories and amounts described shall be as follows in the next table:
The General Directorate of Wages and the General Directorate of Labor Inspection shall be responsible for ensuring strict compliance with the payment of Minimum Wages in accordance with the established legal norms.
Clarification is made that in the case of the economic activity branch of agriculture, forestry, hunting and fishing, a uniform adjustment of 4.01% is established for all company sizes without distinction based on the number of employees.
In the case of the economic activity branch of wholesale and retail commerce, restaurants and hotels, with the purpose of reducing the economic impact on the tourism sector, the minimum wage table is modified by establishing the restaurants and hotels branch with a uniform adjustment of 4.01% for all company sizes without distinction based on the number of employees.
Excluded from this Executive Agreement are Workers in the Honduran Textile Maquila Sector and Other Free Trade Zone Enterprises by virtue of the Agreement executed on the thirteenth (13) day of December of the year two thousand eighteen (2018).
Within the period of sixty (60) days, on a tripartite basis within the Economic and Social Council (CES), a review of the Minimum Wage Law shall be conducted.
This Executive Agreement shall become effective as of the first (01) day of July of the year two thousand twenty-one (2021), and must be published in the Official Gazette "La Gaceta". Juan Orlando Hernández Alvarado President of the Republic Olvin Aníbal Villalobos Velásquez Secretary of State in the Offices of Labor and Social Security
Related laws
- Acuerdo Ministerial No. 18-2021 — Autorización de emisión de valores gubernamentales para financiamiento presupuestario — This law authorizes the Honduras government to issue bonds and securities (public debt) for up to L22,733.8 million to finance the 2021 budget, and an additional L10,000 million to refinance debts maturing after 2021. It allows the Ministry of Finance to manage these resources following established rules to reduce financial risks. (Decree 18-2021, 2021)
- Legislative Decree Number 173-2019 by which the Framework Law on Housing and Human Settlements is approved — This law creates a legal framework to regulate housing and human settlements in Honduras. It establishes bonus and credit programs for low-income families who want to buy or improve their homes, reducing the country's housing deficit. It benefits citizens in extreme poverty situations. (Decree 173-2019, 2021)
- Executive Agreement Number 001-2021 — This agreement approves the regulation of Honduras's HIV/AIDS Law. It establishes how CONASIDA (National AIDS Commission) will function, creating two councils that will coordinate between public institutions and civil organizations to prevent, care for, and protect the rights of people with HIV. The regulation ensures universal access to health services and protection against discrimination, based on human rights and gender equality. (Decree 001-2021, 2021)
- Acuerdo Ejecutivo No. 001-2021 — Autorización a Procuradora General para transferencia de bien inmueble a Fundación Teleton (Decree 001-2021, 2021)
- Decreto Legislativo — Aprobación del Acuerdo Ejecutivo No. 01-DGAJTC-2021 sobre Estatuto de IRENA