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Certificate of employment in Honduras

It is not a favour and it is not paid for. Article 125 of the Código del Trabajo requires your employer to give you a constancia de trabajo free of charge when the contract ends — whatever the cause was, including if you were dismissed.

What the law says.

“On the termination of any contract of employment, whatever the cause that gave rise to it, the employer must give the worker a certificate free of charge…”

The three phrases that matter are any contract, whatever the cause and free of charge. There is no exception for resignation, for dismissal, or for an expired contract, and your employer cannot charge you for issuing it.

What it must always say

Article 125 sets three mandatory items. A certificate that does not carry them is incomplete:

  • The start and end date of the work.
  • The type of work performed.
  • The wage earned during the last pay period.

What you can require it to add

The same article adds that, if the worker wishes, the certificate must also state:

  • The worker’s efficiency and conduct.
  • The cause or causes of the termination of the contract.

This is your decision, and it is worth thinking about. Recording the cause of termination helps if you are going to claim benefits or need to prove you did not resign. Recording your efficiency and conduct helps when looking for another job. Ask in writing and keep a copy of what you asked for.

If your employer refuses

Refusing breaches the Código del Trabajo. Enforcement is the responsibility of the Inspectoría General del Trabajo under Article 614, and inspectors may examine payrolls, wage books and payment records to verify it (Article 617). Go to the regional office of the Secretaría de Trabajo y Seguridad Social that covers you and file the complaint there.

Take whatever you have to establish the employment relationship: a contract if there was one, receipts or payslips, deposit slips, an ID card, or the details of colleagues who can testify. The certificate is not the only way to prove you worked there.

Do not confuse the certificate with your benefits. They are different things and are claimed separately: the certificate is a document proving you worked, and benefits are the money you are owed when the contract ends. If you are also owed notice pay, severance, holiday or the décimos, see employment benefits or work out your figure with the severance calculator.
This is general information based on the text of the Código del Trabajo, not legal advice for your particular case. Time limits for employment claims are short — if you are owed something, seek advice soon at the Secretaría de Trabajo, at a free legal clinic, or search the lawyer directory.

Source

Código del Trabajo de Honduras (Decreto No. 189-1959) — articles 125, 614 and 617. The text of Article 125 was checked word for word against the edition of the Código published by the Tribunal Superior de Cuentas.