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October 8, 2019In force

Law on the Recruitment of Seafarers in the Cruise Industry

Congreso Nacional

  • Decree: 79-2019
  • Published: October 8, 2019
  • Issuing body: Congreso Nacional
  • Gazette: 35,068
  • Category: Labor

Summary

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This law regulates the hiring of Honduran seafarers on international cruise ships, guaranteeing their labor rights: fair wages, 48-hour weekly work schedules, paid vacation, medical insurance, and repatriation. It protects maritime workers from accidents, illness, and death, establishing minimum indemnities of $50,000 and creating authorized agencies for job placement.

Considerations

Whereas, in accordance with Articles 127 and 128 of the Constitution of the Republic, every person has the right to work, to freely choose their occupation and to resign from it, to equitable and satisfactory working conditions, and to protection against unemployment, for which reason the laws that govern relations between employers and workers are of public order.

Whereas on June 6, 2016, Honduras ratified the Convention on Maritime Work 2006, which entered into force on June 6, 2017, recognizing respect for and the hierarchy of international treaties, establishing the foundations, in matters of employment, to maintain the work of Honduran maritime personnel, embarked on foreign shipping companies, and to generate conditions for access to employment opportunities in the global maritime industry.

Whereas Honduras is a country that possesses high maritime potential whose principal foundation is the Honduran seafarer. International statistics estimate a large number of Hondurans embarked who have chosen life at sea as a means of livelihood; however, currently the embarked labor force is at a basic scale, which is why national legislation is required that permits the training of officers and sailors so that they may hold positions of greater rank on merchant vessels, thereby increasing the source of economic resources derived from the performance of maritime labor activity.

Whereas the maritime industry is vital to Honduras' economy, constituting a high percentage of its international commerce through maritime transport, for which reason it becomes imperative to create a legal tool that allows the State to guarantee the labor and social rights of Honduran maritime personnel employed on vessels under national and foreign flags.

Whereas according to the Constitution of the Republic and corresponding legislation, the Secretary of State in the Offices of Labor and Social Security is responsible for matters concerning the formulation, coordination, execution, and evaluation of employment policies, including for persons with disabilities, wages, labor force training, promotion of worker education and employer-worker relations, selective labor immigration, coordination of the Social Security system, recognition and registration of the legal status of labor unions and other labor organizations, occupational health and safety matters, and the handling of administrative procedures for resolving individual and collective labor disputes.

Whereas the General Directorate of the Merchant Marine (DGMM) is in charge of the administration, control, and coordination of all activities related to the merchant marine and maritime transport, maritime safety, protection of the marine environment, and the training and certification of maritime personnel.

Whereas the National Institute of Professional Training (INFOP), created by Decree Law No. 10 of December 28, 1972, is the governing institution of professional training policies aimed at the economic and social development of the country and for all sectors of the economy, providing Hondurans with an option for training, professional development, and certification to meet the challenges of modern society.

Whereas the Honduran Social Security Institute (IHSS) has as its purposes to guarantee the human right to health, medical assistance, protection of the means of subsistence, and the social services necessary for the achievement of individual and collective welfare.

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

Articles

Article 1.-

The purpose of this Law is to regulate the process of recruitment, hiring and placement of Honduran nationals or persons domiciled in Honduras who work on cruise ships with flags of any nationality including Honduras, while also establishing provisions to guarantee their labor and social rights in the performance of such work.

Article 2.-

This Law is applicable throughout the national territory and applies to natural persons of Honduran nationality or domiciled in Honduras, trained and certified as seafarers by the General Direction of Merchant Marine (DGMM), who are hired on cruise ships with flags of any nationality, to natural or legal persons, national or foreign, domiciled in Honduras, who engage in the recruitment and placement of seafarers; likewise to the docks and related services where the aforementioned cruise ships with foreign flags conduct operations.

Article 3.-

In the exercise of their institutional and legal powers, it is the responsibility of the Secretariat of State for the Offices of Labor and Social Security, the General Direction of Merchant Marine (DGMM), the National Institute of Professional Training and the Honduran Social Security Institute, respectively, to apply, supervise and enforce compliance with this Law; these entities must establish mechanisms for coordination and cooperation among themselves, without prejudice to the coordination and collaboration they must undertake with other state institutions.

Article 4.-

For the purposes of this Law, the following terms are understood to mean:

  • 1)

    Work Accident: Any injury suffered by seafarers during the performance of their employment relationship, in accordance with the concept established in the Labor Code;

  • 2)

    Employment Agreement: The written instrument that contains the terms, rights, obligations and conditions governing the employment relationship between the employer and seafarers. The State must structure a master contract to establish the specific conditions that must govern employment relations;

  • 3)

    Employment Agency: Any natural or legal person, national or foreign, legally established in Honduras, duly authorized by the Secretariat of State for the Offices of Labor and Social Security that, directly or indirectly, engages in the recruitment, hiring and placement of seafarers to work on cruise ships with national or foreign flags;

  • 4)

    Beneficiary: The person to whom compensation and any other benefits derived from the employment contract must be paid in the event of death of the seafarer, in accordance with current Honduran legislation;

  • 5)

    Employer: Any natural or legal person, national or foreign, partnership, corporation or placement agency, domiciled in Honduras, duly authorized by the Secretariat of State for the Offices of Labor and Social Security, owner of a vessel or one that, by virtue of this Law, has assumed compliance with all duties and responsibilities with respect to seafarers, such as the Employment Agency, the administrator, the agent, the charterer or the captain, as the case may be;

  • 6)

    Occupational Disease: Any disease derived from the performance of their work;

  • 7)

    Ordinary Working Hours: Comprises eight (8) hours of work that seafarers must perform within a period of twenty-four (24) hours;

  • 8)

    Seafarers: Any natural person of Honduran nationality or domiciled in Honduras, trained and certified by the General Direction of Merchant Marine (DGMM), in accordance with the regulatory standards that accredit knowledge and professional suitability, hired to work abroad, in any capacity, on board a cruise ship with foreign and national flags;

  • 9)

    Permanent Partial Incapacity: The diminishment of an individual's faculties due to the loss or paralysis of some limb, organ or body function.

  • 10)

    Temporary Incapacity: That which prevents the worker from dedicating themselves to their usual activities during a limited period of time not exceeding one year, provided that upon completion of their recovery they are fit for work.

  • 11)

    Labor intermediation: Activity performed by the Secretariat of State for the Offices of Labor and Social Security or a duly authorized employment agency for the recruitment, hiring and placement of seafarers on cruise ships with foreign and national flags;

  • 12)

    Receiver: The person designated by the seafarer to receive remittances in Honduras;

  • 13)

    Base Salary: The remuneration, whatever the elements that compose it, corresponding to normal working hours, excluding payments for overtime, bonuses, allowances, paid vacation or any other additional remuneration;

  • 14)

    Departure: Refers to the departure from the recruitment point of seafarers by air, sea or land until the boarding point, whether in a Honduran or foreign port; and,

  • 15)

    Terms and conditions of employment of seafarers: The minimum conditions established in this Law, International Conventions, individual and collective employment contracts, the Labor Code and other applicable labor standards, which must be complied with by employers who hire seafarers.

Article 5.-

The recruitment and placement of Honduran seafarers in the Cruise Industry must be carried out directly by Shipping Companies or through Employment Agencies duly authorized by the Secretariat of State for the Offices of Labor and Social Security. In any case and by virtue of this Law, the hiring party must be the employer and must comply with all duties and responsibilities with respect to seafarers. In the case of direct hiring, the shipping company must have a representative registered in the Employers Registry in accordance with the simplified national registry system for employers contemplated in the Labor Inspection Law.

Article 6.-

Seafarer recruitment and placement agencies must meet the conditions and authorization requirements established in this Law and the provisions contained in the Maritime Labor Convention 2006, and submit to the supervision of the Secretariat of State for the Offices of Labor and Social Security, respecting the terms and conditions of employment, in order to guarantee that their activities are carried out in strict compliance with applicable legislation. For the purposes of the operation of Seafarer Employment Agencies, they must enter into agreements or conventions with shipping companies, vessels or cruise ships establishing the representation condition, obligations and responsibilities regarding the hiring of seafarers. Employment Agencies must provide their services efficiently and responsibly to seafarers so they can find employment on board cruise ships with foreign and national flags, without such services representing any cost to the seafarers. When the employment relationship is through Employment Agencies, these assume the status of employer and must be responsible for claims due to non-compliance with the terms and conditions of employment of seafarers.

Article 7.-

Employment Agencies have at minimum the following obligations:

  • 1)

    Maintain an updated registry of all seafarers recruited or placed, which must be made available to competent authorities for purposes of supervision, inspection and any other purpose they deem appropriate;

  • 2)

    Guarantee that seafarers know the rights and obligations provided for in their employment contracts before, during and after the recruitment process and that appropriate measures are adopted for seafarers to be able to review and analyze their employment contract before signing it in as many originals as necessary and delivery of copies to the parties involved;

  • 3)

    Verify that the recruited or placed seafarers possess the qualifications and documents necessary for the employment in question and that the employment contracts of seafarers are in conformity with applicable national and international legislation;

  • 4)

    Guarantee that shipowners have the necessary means to prevent seafarers from being abandoned in a foreign port;

  • 5)

    Examine and respond to any complaint related and notify pending complaints to competent authorities; and,

  • 6)

    Establish a protection system, by means of insurance or an appropriate equivalent measure, to indemnify seafarers for pecuniary losses they could incur as a result of non-compliance with the obligations that the Employment Agency or shipowner has toward them under the employment contract. The Secretariat of State for the Offices of Labor and Social Security must supervise and control Employment Agencies to ensure they comply with applicable national and international provisions.

Article 8.-

Employment Agencies in accordance with the Maritime Labor Convention 2006 have the following prohibitions: 1) Employ means, mechanisms or lists intended to prevent seafarers from obtaining employment for which they are qualified, or to dissuade them from doing so; and, 2) Charge seafarers, directly or indirectly and in whole or in part, any fees or other charges for recruitment, placement or obtaining employment, except for costs corresponding to obtaining the mandatory national medical certificate, the national service record book, police or criminal records that are required, their passport or other personal travel documents (except for the cost of visas which must be paid by the employer).

Article 9.-

It is the responsibility of the General Direction of Merchant Marine (DGMM) to maintain control and registry of the boarding and disembarkation of certified seafarers; for this purpose, employment agencies must comply with the requirements established in the regulations and mechanisms created for this purpose by that Direction.

Article 10.-

The employer and the seafarers enjoy the rights, duties and prohibitions that emanate from this Law, from the contract executed and from the different sources of labor law applicable in Honduran legislation and international conventions already signed.

Article 11.-

In accordance with this Law, the employer has the following obligations:

  • 1)

    Comply with the provisions of this Law and with the terms and conditions stipulated in the executed employment contract, particularly regarding the timely payment of salaries, the sending of remittances and the expedited resolution of claims presented by seafarers;

  • 2)

    Enter into a contract that guarantees decent and fair working and living conditions on board the vessel;

  • 3)

    Provide a copy of the executed employment contract to seafarers and present a copy of the same to the Secretariat of State for the Offices of Labor and Social Security for purposes of reviewing compliance with applicable labor standards and registration of said contract;

  • 4)

    Payment of a periodic and complete salary or remuneration, in accordance with the executed employment contract;

  • 5)

    Facilitate mechanisms for the sending of family remittances;

  • 6)

    Refrain from withholding from the remuneration of seafarers, amounts of money intended for obtaining or maintaining employment;

  • 7)

    Avoid work shifts exceeding forty-eight (48) hours per week; in case of working overtime, these must be paid at least twenty-five percent (25%) higher than the base hourly salary;

  • 8)

    Ensure the enjoyment of annual paid vacation, which must be calculated on the basis of two point five (2.5) days per month worked;

  • 9)

    Provide health protection through medical care on board and on land;

  • 10)

    Repatriation at no cost in cases of contract termination, dismissal, or resignation of seafarers;

  • 11)

    Indemnify seafarers in case of loss of the vessel or shipwreck;

  • 12)

    Provide safe and adequate accommodation and recreational facilities;

  • 13)

    Provide food and potable water of good quality;

  • 14)

    Extend insurance coverage for the crew;

  • 15)

    Extend coverage to seafarers and their dependents of the Honduras Social Protection System, without prejudice to what is provided in other bilateral or multilateral agreements;

  • 16)

    Guarantee the operation on board the vessel of a mechanism for complaints or grievances, as well as its free access at all times by seafarers;

  • 17)

    Provide a workplace in which hygiene and safety standards are met, guaranteeing that all reasonable precautions are taken to prevent accidents and injuries to seafarers on board the vessel, including the provision of safety equipment, fire prevention, safe and adequate navigation of the vessel and other precautions necessary to prevent accidents or illness to seafarers; and,

  • 18)

    Guarantee that the workplace is adequate for the promotion and protection of health and safety of seafarers in accordance with the standards and guidelines of Title IV of the Maritime Labor Convention 2006.

Article 12.-

In accordance with this Law, seafarers have the following obligations:

  • 1)

    Comply with the provisions of this Law and with the terms and conditions stipulated in the executed employment contract;

  • 2)

    Seafarers may send remittances monthly through an authorized Banking Institution for this purpose in Honduras, to the designated receiver in that country or another that may be defined;

  • 3)

    Comply with the disciplinary regime and maritime regulations governing employment contracts and the Code of Ethics;

  • 4)

    Comply with the directives of their superiors and fulfill compliance with the employer's and vessel's policies, including safety policies and procedures and any other directive related to them;

  • 5)

    Seafarers must make use of all appropriate safety equipment that has been provided to them and must ensure they dress appropriately from a safety perspective for the work assigned;

  • 6)

    Be diligent with their obligations regarding the vessel, its stores and cargo, whether on board or not on board the vessel;

  • 7)

    Behave at all times in an appropriate and respectful manner with their coworkers, passengers, stevedores, port authorities and any other person officially related to the Vessel;

  • 8)

    Be responsible for their health while on board the Vessel, leading a healthy lifestyle, which includes taking medications and making lifestyle changes prescribed by the doctor as appropriate; and,

  • 9)

    The General Direction of Merchant Marine (DGMM) within a period of three (3) calendar days must notify the Secretariat of State for the Offices of Labor and Social Security of the disembarkation of Seafarers in Honduras.

Article 13.-

The National Institute of Professional Training (INFOP) must be responsible for providing courses, training and general education for seafarers according to the demand of the maritime industry. The General Direction of Merchant Marine (DGMM) must be responsible for directing and providing the training and certification of seafarers under the guidelines indicated in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, as amended in 1995 (STCW).

Article 14.-

The employment contract executed between the employer and seafarers begins from the departure of seafarers from any maritime or air port in Honduras as the recruitment point and is effective until the date of the seafarers' arrival at that same recruitment point as the termination of their employment relationship in accordance with what is established in the contract.

Article 15.-

Seafarers must be remunerated for their work on a regular basis and in full compliance with what is established in the employment contract. Remuneration must be paid monthly and said payment must not exceed fifteen (15) days of the following month, using as reference the contract start date until the date of arrival at the recruitment point for purposes of contract termination. The employer must extend a monthly statement of account showing the amounts owed and the sums paid for salaries, additional remuneration and the exchange rate used in cases where payments are made in a currency or exchange rate different from what was agreed.

Article 16.-

INCOME AND REMITTANCES.- In accordance with this Law: 1) Maritime workers may, if they wish, send remittances on a monthly basis through an authorized Banking Institution for such purpose in Honduras, to the receiver assigned in said country. The employer must provide maritime workers with the facilities at no cost whatsoever. The percentage or amount assigned as remittances must be established by the maritime worker at the time of hiring; and, 2) Likewise, the employer must provide maritime workers with the facilities to remit any amount earned in the form of extra income from their earnings, including back wages, to any designated recipient through an authorized Banking Institution for such purpose in Honduras, without the foregoing representing any cost to the maritime worker.

Article 17.-

ORDINARY WORK SHIFT.- The ordinary work shift must be eight (8) hours for every twenty-four (24) hours without the hours worked during the week exceeding the period of forty-eight (48) hours in accordance with the provisions established in the Maritime Labor Convention, 2006. The work schedule must be established by the employer in accordance with international practices and guidelines.

Article 18.-

EXTRAORDINARY WORK SHIFT.- Maritime workers must be compensated for extraordinary work performed beyond the ordinary work shift.- The computation of the extraordinary work shift must be carried out considering the fraction of the first hour worked as one complete hour worked; after the first extraordinary hour worked, any work performed in a time period of less than thirty (30) minutes must be computed as thirty (30) minutes and when in the aforementioned case the work performed exceeds thirty (30) minutes, they must be computed as one complete hour worked. The scheduling of overtime hours must be agreed upon between the maritime worker and the employer; however, the total work period composed of the ordinary shift and overtime hours cannot exceed the maximum of seventy-two (72) hours for each period of seven (7) days. The extraordinary work shift must be remunerated at least at a rate twenty-five percent (25%) higher than the base hourly wage.

Article 19.-

HOLIDAYS.- Holidays must be established in the employment agreement signed between the parties in accordance with the provisions contained in the employer's holiday policy. Any hour or shift, including watch hours worked by maritime workers, on holidays or days of rest must be paid as holiday or day of rest.

Article 20.-

EMERGENCY DUTY.- Maritime workers must provide their services during the time necessary to ensure the immediate safety of the vessel and the persons on board, or to assist other cruise ships or persons in danger at sea.- Consequently, the ordinary work shift or rest period may be suspended and maritime workers may be required to provide service for the time necessary, until any situation has been normalized.- As soon as feasible, once normality has been restored, measures must be taken to ensure that maritime workers who have worked during their normal rest hours are granted an adequate rest period. The work performed by maritime workers in emergency situations or emergency drills shall not be considered as overtime worked, nor shall they be subject to any payment whatsoever.

Article 21.-

PAYMENT AND CALCULATION OF VACATION.- The annual vacation period of maritime workers must be calculated taking a minimum of two point five (2.5) days for each month worked, including the proportional amount; payment of said period must be made in accordance with the calculation previously established. The form of payment must be agreed upon at the time of signing the employment contract. The period during which annual vacation is to be enjoyed must be determined by the employer, following prior consultation and in agreement with the maritime worker, without prejudice to what may be established in this regard by regulations, collective agreements, or any other applicable standard or agreement compatible with national practice. The annual vacation period shall not be uninterrupted, except in cases of extreme urgency in which the maritime worker's presence on board the cruise ship is required.

Article 22.-

TRANSFER OF MARITIME WORKERS.- Maritime workers may be transferred to any other cruise ship in any port, provided that under no circumstance shall the transfer result in the diminishment of rights, benefits, functions, wages, contract duration, and in general any of the terms established in the employment contract. The costs generated by the transfer must be covered by the employer. Any transfer that takes place must be documented and the General Directorate of Merchant Marine (DGMM) must communicate this to the Ministry of State for the Offices of Labor and Social Security within a period of three (3) business days.

Article 23.-

TERMINATION OF EMPLOYMENT CONTRACT.- In all cases provided for in this Law, maritime workers have the right to be repatriated with all costs paid by the employer, in accordance with the provisions of the Maritime Labor Convention 2006, without prejudice to what is established in collective contracts or in agreements signed between the parties, regarding contractual termination for reasons attributable solely and exclusively to the maritime worker. The employment relationship derived from the contract signed between the parties is considered terminated once the maritime worker completes the period established in the contract for the provision of services on board the cruise ship, is disembarked, and arrives at the point of hiring. Likewise, the termination of the employment contract of maritime workers becomes effective once they arrive at the point of hiring for any of the following circumstances:

  • 1)

    When disembarked for medical reasons that require indefinite hospitalization or any other reason that prevents the continuation of work;

  • 2)

    When maritime workers cease their work due to shipwreck, the sale of the cruise ship, maritime accident, suspension of the cruise ship in drydock, interruption of the voyage, replacement of the captain, or any other circumstance that warrants it;

  • 3)

    When there is voluntary resignation by the maritime worker in writing and ceases their work prior to the expiration of the contract for justified causes; and,

  • 4)

    When the maritime worker is discharged for just cause.

Article 24.-

FINAL SETTLEMENT AND WORK CERTIFICATE.- Upon termination of the employment relationship, a final settlement must be issued to the maritime worker in which all salaries received and all deductions made are reflected.- When maritime workers are forced to disembark in an emergency, the aforementioned document must be sent to them within a period not exceeding one (1) month, counted from the date of disembarkation.- Likewise, at the request of the maritime worker and each time it is requested, the employer must issue a Work Certificate, at no cost to the maritime worker.

Article 25.-

SOCIAL SECURITY REGIME.- Every employer is responsible for complying with the social security regime applicable to maritime workers, in accordance with Honduran legislation; without prejudice to adding better conditions in the employment contract, which must be communicated to the Ministry of State for the Offices of Labor and Social Security and the General Directorate of Merchant Marine (DGMM). CHAPTER V COMPENSATION, INDEMNIFICATIONS, AND BENEFITS FOR EARLY TERMINATION OF THE EMPLOYMENT CONTRACT

Article 26.-

In the event of early termination of the employment contract of maritime workers resulting from damage and sinking of the vessel, sale of the cruise ship, suspension or interruption of the voyage, irreparable damage declared unseaworthy by a competent authority, change of captain, acts of war, or any other circumstance not attributable to the maritime worker; they are entitled to earned wages, medical examination at the expense of the employer to determine their fitness to work, repatriation at their cost, rights, and social benefits established by current Honduran legislation, and one month of base salary as cancellation payment as applicable in accordance with the provisions contained in the signed contract, this Law, and current labor legislation.

Article 27.-

OCCUPATIONAL HAZARDS.- Occupational hazards are understood to be work accidents and occupational diseases to which maritime workers are exposed in accordance with the Labor Code of Honduras due to work on board cruise ships of national or foreign flag.

Article 28.-

COMPENSATION AND BENEFITS FOR WORK ACCIDENTS OR OCCUPATIONAL DISEASE.- The obligations of the employer when maritime workers suffer work accidents or occupational diseases during the validity of the contract are as follows:

  • 1)

    The employer must pay the maritime worker their salary during the time they remain on board the cruise ship;

  • 2)

    If the work accident or occupational disease requires medical or dental treatment in a foreign port, the employer is obligated to pay all medical, dental, surgical costs and hospital treatment, as well as the costs of transportation and accommodation until the maritime worker is declared in favorable health conditions to return to work or is repatriated.- In any case, if after repatriation, the maritime worker still requires medical care due to the work accident or occupational disease, the employer must provide it until they are declared fit to work or are issued a temporary or permanent incapacity certificate by the physician designated by the employer;

  • 3)

    In addition to the obligation established in the preceding paragraph regarding the employer's duty to provide medical care, the maritime worker must also receive a subsidy for occupational disease/work accident, calculated taking into account the base salary, from the date they ceased working until they were declared fit to return to work or were issued a permanent incapacity certificate by the physician designated by the employer. The period to which the maritime worker is entitled to receive the disease/accident subsidy payment cannot exceed one hundred twenty (120) days. The payment of said subsidy must be made regularly and no less than once (1) per month. The maritime worker has the right to reimbursement of medication expenses prescribed by the physician designated by the employer. In the event that the maritime worker's medical treatment must be carried out outside the vessel on the order of the physician designated by the employer, appropriate transportation and accommodation arrangements must be approved. Reasonable costs arising from travel and accommodation must be reimbursed once the settlement is made upon presentation of official receipts for expenses incurred. For this purpose, the maritime worker must undergo a post-employment medical evaluation conducted by the physician designated by the employer within three (3) business days from their return, unless they are physically unable to do so, in which case they must notify the employer in writing within the same aforementioned time period. During the course of treatment, the maritime worker must report to the designated physician on the dates agreed upon and prescribed by both parties regarding the evolution of the prescribed treatment. Should the maritime worker fail to comply with the aforementioned reports, they lose the right to claim the benefits previously described. If a physician designated by the maritime worker disagrees with the diagnosis issued by the physician designated by the employer, the parties by mutual agreement may designate a third physician. The decision issued by the latter must be final and binding for both parties;

  • 4)

    Those diseases not contained in this Law must be presumed to be occupational disease unless proven otherwise;

  • 5)

    In the event that the maritime worker disembarks for medical reasons, the employer must bear all costs of repatriation in the event that they are declared: (a) fit for repatriation or (b) fit to work, but the employer does not have a position where the maritime worker can be assigned in the designated cruise ship or any other vessel of the same owner;

  • 6)

    In case of partial or permanent incapacity of the maritime worker resulting from a work accident or disease; the maritime worker must be indemnified in accordance with this Law. The calculation of benefits derived from a disease must be governed by the guidelines and compensation ranges applicable at the time the disease was contracted. Incapacity must be based solely and exclusively on ranges or degrees of incapacity provided in this Law, and under no circumstances can it be determined by the number of days the maritime worker's treatment lasts or the number of days in which disease payment was made; and,

  • 7)

    It is understood and agreed that the benefits mentioned above must be separate and classified, and must be in addition to any other benefit to which the maritime worker is entitled in accordance with Honduran legislation.

Article 29.-

INDEMNIFICATIONS AND OTHER BENEFITS DUE TO DEATH.- The indemnity for death of a maritime worker and any other benefit established in the employment contract or employer policies is paid to the person designated by them or, failing that, to the father, mother, spouse, life companion and children, if any, in the proportional part that corresponds to them. The employer must pay for the costs arising from transporting the mortal remains and belongings of the deceased maritime worker to Honduras, at the employer's cost with the exception if death occurs in a port where national legislation and regulations do not permit the transport of mortal remains. In the event that death occurs at sea, the disposition of the remains must be handled in accordance with the decision of the captain. In all cases, the captain must communicate to the employer what has been decided regarding the handling of the maritime worker's remains. The indemnity referred to in the preceding paragraph cannot be less than Fifty Thousand Dollars of the United States of America (US$ 50,000.00) or its equivalent in Lempiras at the time of the maritime worker's death; an amount that also serves as the basis for establishing pensions for incapacity. The parties may add better conditions in the contract, in accordance with the policies of the employing companies, which must be communicated to the Ministry of State for the Offices of Labor and Social Security. The payment of the indemnity referred to in this Article must be managed by the beneficiaries, personally or through their legal representative or duly empowered attorney, for which they must have the support of the employer. It is understood and agreed that the benefit mentioned above must be separate and classified differently from other benefits and in addition to any other benefit to which the maritime worker is entitled in accordance with Honduran legislation. No accident, incapacity, disability, or death of a maritime worker resulting from a criminal act or intentional action or misconduct or manifest negligence of duties or disease or physical deficiencies voluntarily concealed at the time of hiring shall oblige the employer to pay any indemnity or benefit, provided that the employer can prove that the aforementioned causes are attributable to the maritime worker. CHAPTER VII RESOLUTION OF LABOR CONFLICTS

Article 30.-

RESOLUTION OF CONFLICTS.- Any labor conflict arising from the employment of maritime workers, by virtue of law or the contract signed, must be submitted to the conciliation intervention of the Ministry of State for the Offices of Labor and Social Security. If the parties fail to reach an agreement, the interested party may file their claims before the competent labor judge, through the ordinary means governed by the laws of the Republic of Honduras. ARTICLE 31.- STATUTE OF LIMITATIONS.- Claims derived from this Law prescribe within a period of three (3) years, counted from the date on which the fact giving rise to the claim originated or from the date on which the aggrieved party became aware of it; once said term has elapsed, the right to take any action prescribes. CHAPTER VIII SANCTIONING REGIME

Article 32.-

IRREGULAR RECRUITMENT. Any hiring of maritime personnel that has been carried out without the pertinent labor intermediation or by an unauthorized hiring and placement agency; as well as that which, in whose contract the terms and conditions of employment and other aspects contemplated in this Law are not incorporated, shall be considered irregular recruitment subject to the imposition of a fine imposed by the Secretary of State in the Offices of Labor and Social Security, without prejudice to the corresponding criminal liability. CHAPTER IX FINAL PROVISIONS

Article 33.-

The Executive Power must create a model contract within a period of ninety (90) calendar days to establish the specific conditions that must govern labor relations, risk conditions, indemnities and all those deemed appropriate with respect to the hiring of maritime personnel.

Article 34.-

SPECIALTY. This Law, by virtue of its special character, must prevail over any other law or regulation on this matter that contradicts it.

Article 35.-

SUPPLEMENTARY APPLICATION. In all matters not provided for in this Law, the Convention on Maritime Labor 2006, the other Treaties subscribed by our country that are related, the Labor Code and applicable labor and social security legislation shall be applied.

Article 36.-

For the correct and effective application of this Law, all institutions involved in its implementation must issue the corresponding regulations in accordance with their competencies, within a period not exceeding ninety (90) days, counted from the effective date of this Law, which must be approved by the Executive Power.

Article 37.-

EFFECTIVE DATE. This Law shall become effective 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 Hall of the National Congress, on the eighteenth day of the month of September of the year two thousand nineteen. ANTONIO CÉSAR RIVERA CALLEJAS PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Power Therefore: Let it be executed. Tegucigalpa, M.D.C., October 8, 2019. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF LABOR AND SOCIAL SECURITY CARLOS MADERO

Notes

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