Frequently asked employment questions in Honduras
The questions workers actually take to a lawyer, answered with the article of the Código del Trabajo that settles them. If you are after the figure you are owed on leaving, that is in employment benefits.
Claiming
How long do I have to challenge an unfair dismissal?
Two (2) months. That is the limit set by Article 864 for claims against unjustified dismissal or disciplinary sanctions. It is short and it runs on its own — once it passes, the action lapses. If instead you want to leave with just cause because of something the employer did, Article 865 gives you one (1) month from when the cause arose.
Legal basis: Article 864, Article 865 of the Código del Trabajo.
Where do I go with an employment claim?
To the Secretaría de Trabajo y Seguridad Social. Enforcement of the Código is the job of the Inspectoría General del Trabajo, which inspects workplaces and reviews the records to determine what action is appropriate (Article 614). Inspectors may examine accounting books, payrolls, payment records and any other document (Article 617), and where they meet unjustified resistance they must report it to the Labour Court.
Legal basis: Article 614, Article 617 of the Código del Trabajo.
Your rights cannot be signed away
What happens if I am made to sign away my rights?
It is not valid. Article 3 declares null ipso jure any act or stipulation involving the waiver, reduction or distortion of the rights granted to workers by the Constitution, the Código, its regulations or the employment laws — even where expressed in a contract of employment or any other agreement. Signing a paper giving up the décimo tercero, the décimo cuarto or commissions does not extinguish the right.
Legal basis: Article 3 of the Código del Trabajo.
What are acquired rights, and how do I know what I am owed?
They are the entitlements you have already earned and that do not depend on the employer’s goodwill: proportional holiday, the décimo tercer and décimo cuarto month, and severance where it applies. Article 120 governs severance. To work out your own figure use the severance calculator, and the detail of each item is in employment benefits.
Legal basis: Article 120 of the Código del Trabajo.
Wages
Can my minimum wage be garnished?
For ordinary debts, no. Article 371 declares the legal or contractual minimum wage non-garnishable, along with holiday pay, and of the excess only one quarter may be garnished. But there is one exception that does reach the minimum wage: maintenance proceedings. Article 813 of the Código Procesal Civil allows garnishment of up to 50% of what is received as wages, salary, pension, remuneration or employment benefits, and says expressly “including the minimum wage”. What can be withheld in practice is set out in credit bureau and wage garnishment.
Legal basis: Article 371 of the Código del Trabajo.
What can I do if I am not paid the minimum wage?
The minimum wage is set by an annual acuerdo and cannot be negotiated downwards — paying less is a breach, and it is policed by the Inspectoría General del Trabajo (Article 614). Any agreement reducing that right is void under Article 3. The table in force by industry and company size is in minimum wage.
Legal basis: Article 3, Article 614 of the Código del Trabajo.
Ending the contract
On what grounds can I be dismissed?
Article 111 lists the grounds on which a contract ends generally, and Article 112 the just causes entitling the employer to end it without liability on their part. If the dismissal does not fit Article 112 it is unjustified, and triggers the compensation in Article 120.
Legal basis: Article 111, Article 112, Article 120 of the Código del Trabajo.
Can I resign immediately if I am mistreated or harassed at work?
Yes. Article 114 lists the just causes entitling the worker to end the contract without notice and without liability on their part — that is, you leave immediately and keep your rights. Article 120 recognises severance where the contract ends for one of those causes. Remember the limit: one month from when the cause arose.
Legal basis: Article 114, Article 120, Article 865 of the Código del Trabajo.
Am I entitled to benefits if I resign?
It depends on the item. Article 120 expressly provides for severance not only on unjustified dismissal but also for the causes in Article 114, for voluntary retirement on the terms the article itself sets out, and on the worker’s death. Proportional holiday and the décimos are owed in every case. The breakdown is in employment benefits.
Legal basis: Article 120, Article 114 of the Código del Trabajo.
Special situations
What rights do I have if I am pregnant?
The employer may not end your contract without first justifying before the Labour Judge one of the grounds in Article 112, and in the meantime the employment relationship continues until post-natal leave ends or the judgment becomes final (Article 124). You have compulsory paid maternity leave (Article 135) and, on returning, two thirty (30) minute breaks within the working day to breastfeed (Article 140).
Legal basis: Article 124, Article 135, Article 140 of the Código del Trabajo.
I work for an intermediary or contractor — who do I sue?
Article 7 defines an intermediary as someone who contracts workers’ services in their own name for another’s benefit. Article 375 gives workers engaged by contractors or intermediaries the right to demand from the person for whom the work was performed what they are owed. In practice both are sued.
Legal basis: Article 7, Article 375 of the Código del Trabajo.
The company changed owner — do I lose my length of service?
No. Article 28 is clear: substitution of employers does not affect existing contracts of employment. In addition the outgoing employer remains jointly and severally liable with the new one for obligations arising before the substitution, for a period of six (6) months; after that only the new employer is liable.
Legal basis: Article 28 of the Código del Trabajo.
Source
Código del Trabajo de Honduras (Decreto No. 189-1959) — articles 3, 7, 28, 111, 112, 114, 120, 124, 135, 140, 371, 375, 614, 617, 864 and 865. Checked against the edition published by the Tribunal Superior de Cuentas. The questions come from the public enquiry bank of the Consultorio Jurídico Gratuito de la UNAH; the answers are our own and cite the applicable article.