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December 29, 2021In force

Amendment to Article 45 of the Framework Law on Housing and Human Settlements

Congreso Nacional

  • Decree: 135-2021
  • Published: December 29, 2021
  • Issuing body: Congreso Nacional
  • Gazette: 35,809
  • Category: Administrative

Summary

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This law orders the liquidation of the National Housing Commission (CONVIVIENDA) and other housing entities, transferring their funds and resources to the new Housing Ministry. It authorizes the use of available budgets to pay severance and benefits to employees laid off due to this liquidation, preventing future lawsuits against the State.

Considerations

Whereas the human person is the supreme purpose of society and the State, and all have the obligation to respect and protect it.

Whereas through Legislative Decree No. 173-2019 dated February 23, 2020, the Framework Law on Housing and Human Settlements was approved, which was published in the Official Gazette "La Gaceta" on February 18, 2020.

Whereas through the Legislative Decree that created the Law on Housing and Human Settlements, the liquidation of the National Commission on Housing and Human Settlements was ordered.

Whereas in March 2020, the Executive Power decreed a State of Emergency to combat COVID-19, focusing its efforts on combating said scourge, a situation that has delayed to date the liquidation of the National Commission on Housing and Human Settlements (CONVIVIENDA), as well as other housing programs existing to date.

Whereas it is the case that within the National Commission on Housing and Human Settlements (CONVIVIENDA), a considerable group of employees work under the modality of Contract and paid through payroll, who have provided their services for several years and to date without any recognition of job stability in the position held, and having decreed the liquidation of the National Commission on Housing and Human Settlements (CONVIVIENDA), in order to avoid multiple lawsuits against the State, arising from labor relations under contract modality, to prevent the condemnation of unpaid wages as damages and losses and collateral damages in favor of the claiming employees to the detriment of the State's economy, it considers it appropriate to proceed with the liquidation of personnel in accordance with the calculation of benefits prepared by the Secretariat of State in the Offices of Labor and Social Security as of December 31, 2021.

Whereas in accordance with Article 205 Attribution 1) of the Constitution of the Republic, it is within the authority of the National Congress: to create, decree, interpret, reform, and repeal laws.

Amendments

Articles

Article 1.-

Amend Article 45 of the FRAMEWORK LAW ON HOUSING AND HUMAN SETTLEMENTS, which shall read as follows:

Article 45

The Honduran Bank for Production and Housing (BANHPROVI) and other participating institutions are instructed to carry out the liquidation of the funds transferred by the State Department of the Office of Finance (SEFIN), in execution of Decree No. 401-2013 dated January 20, 2014 and published in the Official Gazette "La Gaceta" on March 26, 2014, Edition No. 33,389, by means of which financing was authorized for the construction of twelve thousand (12,000) housing units for teachers and auxiliary personnel of the different educational levels of the country affiliated with the HOUSING COMMITTEE FOR TEACHERS AND AUXILIARY PERSONNEL OF HONDURAS (PROVIDOAH). The State Department of the Office of Finance (SEFIN) is instructed to transfer the financial resources resulting from the liquidation carried out by the Honduran Bank for Production and Housing (BANHPROVI) to the State Department of the Offices of Housing and Human Settlements (SEVIAH). Likewise, the Executive Branch is empowered to liquidate other public entities or housing programs that have been created with the same purposes set forth in this Law, for the State Department of the Offices of Housing and Human Settlements (SEVIAH), and/or for the Honduran Housing Fund (FONHVIVIENDA), or to define the conditions under which such entities must be linked to the new institutional framework as dependencies of the entities created in this Law. The President of the Republic in Council of Ministers may establish boards or other bodies responsible for carrying out the liquidation and/or restructuring processes referred to in this Article. The Executive Branch must issue regulations governing the conditions under which the liquidation of the National Commission for Housing and Human Settlements (CONVIVIENDA) shall be carried out. To comply with the liquidation of personnel of the National Commission for Housing and Human Settlements (CONVIVIENDA), to the preceding Article, the State Department of the Office of Finance (SEFIN) is authorized to make in the first instance the necessary budgetary modifications, without restriction of source, expense category and economic classification, using available balances from the budget, if any exist, of the National Commission for Housing and Human Settlements (CONVIVIENDA) and the Housing and Solidarity Credit Program (PROVICSOL), to effectuate the corresponding payments for labor benefits and indemnities in favor of the employees and officials of the National Commission for Housing and Human Settlements (CONVIVIENDA) and the Housing and Solidarity Credit Program (PROVICSOL), and if necessary, it is authorized to make use of available amounts in inactive reserve accounts whose resources were originally allocated to the Housing Program (PROVIVIENDA), which was liquidated by the Executive Branch.

Article 2.-

This Decree shall enter into force as of the day of its publication in the Official Gazette La Gaceta. Given in the city of Tegucigalpa, municipality of the Central District, in the Session held by the National Congress in Virtual manner, on the twenty-third day of the month of December of two thousand twenty-one. MARIO ALONSO PÉREZ LÓPEZ PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., December 24, 2021 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICE OF THE PRESIDENCY ABRAHAM ALVARENGA URBINA

Notes

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