Day for Equality in Salary and Work
Congreso Nacional
- Decree: 27-2015
- Published: August 4, 2015
- Issuing body: Congreso Nacional
- Gazette: 33,799
- Category: Labor
Summary
This law prohibits paying different salaries to men and women who perform work of equal value. It protects all workers against wage discrimination based on gender, allowing them to file complaints with the Labor Inspectorate and establishing fines for non-compliant companies. It also establishes April 7th as the Day for Wage Equality and Fair Work.
Considerations
Whereas the Constitution of the Republic enshrines the right to equality and non-discrimination, as well as international instruments such as the American Convention on Human Rights, Convention on the Elimination of All Forms of Discrimination Against Women, Inter-American Convention to Prevent, Punish and Eradicate Violence Against Women, International Covenant on Economic, Social and Cultural Rights, among others, which aim to protect the rights of women. In particular, the latter in its Article 7, subsection i) establishes the right to equitable and equal remuneration for work of equal value without any distinctions whatsoever; in particular, women must be assured working conditions not inferior to those of men with equal pay for equal work.
Whereas the Law of Equal Opportunity for Women, contained in Decree No. 34-2000 of April 11, 2000, in its Article 45 enshrines the right of equality between woman and man regarding the security of their means of subsistence in labor and social security matters.
Whereas discrimination in the workplace creates a network of poverty, forced labor, child labor, and social exclusion, especially regarding gender equity, making it necessary to regulate it appropriately in our internal legislation.
Articles
Different remuneration cannot be established between the same category of salaried work, male or female, for work of equal value. For the purposes of this Decree, the term remuneration comprises ordinary basic or minimum salary or wage and any emolument in money or in kind, paid by the employer directly or indirectly to the worker in respect of that worker's employment.
Any provision contrary to what is stipulated in this Decree, which is established in collective labor agreements, executed or renewed as of the entry into force of this Decree, is null and void.
In case of violation of the provisions established in this Decree, the affected person may resort to the General Labor Inspectorate, so that through inspection it may verify the employer's payment commitment, in whose report shall be clearly recorded the names and amounts that ceased to be received and the persons affected by gender discrimination; such Report shall have the value of an Enforceable Title. Likewise, the State Secretary in the Offices of Labor and Social Security must act ex officio in the event of any irregularity known to be relative to this Decree. In case of non-compliance with this Decree or with the notification from the Inspectorate, the employer shall incur a fine in the amount of five (5) minimum salaries, without these representing the evasion of payment of the percentage ceased to be received by the person who is subject to discrimination of not being paid equal salary for equal work.
The DAY FOR EQUALITY OF SALARY AND WORK is hereby established, which shall be celebrated on the Seventh (7) day of April of each year.
This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the seventh day of the month of April of the year two thousand fifteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY ROMÁN VILLEDA AGUILAR SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., April 27, 2015. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICE OF FINANCE. shall be retained for a period of up to two (2) years and may be extended by the Commission. A stock exchange may not participate in the capital of more than one depository".
This Decree shall enter into force as of the date of its publication in the Official Gazette "La Gaceta". Given in the city of Tegucigalpa, municipality of the Central District, in the Hall of Sessions of the National Congress, on the seventh day of the month of April of the year two thousand fifteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY ROMÁN VILLEDA AGUILAR SECRETARY To the Executive Branch. Therefore: Let it be executed. Tegucigalpa, M.D.C., April 27, 2015. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICE OF FINANCE. Legislative Branch DECREE No. 31-2015 THE NATIONAL CONGRESS, CONSIDERING: That the family is the basis of all society, therefore all of us have the duty to protect it. CONSIDERING: That Article 39 of Decree No. 76-84 dated August 16, 1984, containing the Family Code, amended by Decree No. 35-2013, dated February 27, 2013, requires the official or notary public competent to authorize marriages to request the presentation of certain documents. Notwithstanding, for better protection of the family, it is necessary to require a sworn declaration of assets and establish other complementary provisions. CONSIDERING: That in accordance with Article 205, attribution 1) of the Constitution of the Republic, it is within the power of the National Congress to create, decree, interpret, reform, and repeal laws. THEREFORE, IT DECREES:
Related laws
- Legislative Decree No. 31-2015 — Gender Pay Equality — This law reforms the Family Code to better protect families. It establishes that men and women must receive equal pay for equal work, requires spouses to declare their assets before marriage, clearly defines which assets are personal and which are shared in marriage, and protects the family home for the spouse caring for minor children. (Decree 31-2015, 2015)
- Decreto Legislativo No. 27-2015 — Igualdad de salario y trabajo sin discriminación de género — This law requires employers to pay the same salary to men and women performing work of equal value, without gender discrimination. If an employer violates this law, they can be fined up to five minimum wages and must pay what is owed. Affected workers can file complaints with the General Labor Inspectorate. (Decree 27-2015, 2015)
- Executive Decree PCM-048-2016 whereby the Presidential Program "Scholarship 91" and "Solidarity Scholarship" is created — This decree creates two scholarship programs: the "Beca 91" for poor students with academic excellence in higher education, and the "Beca Solidaria" for children in poverty in basic education (7th to 12th grade). The State allocates 100 million lempiras to EDUCREDITO to finance these programs and improve educational access for vulnerable populations. (Decree 266-2013, 2016)
- Decree 36-2007 through which the Code of Ethical Conduct of Public Servants is approved — This decree approves a code that establishes ethical conduct rules for all Honduran public servants. It defines acceptable behaviors, prohibits corruption and conflicts of interest, and establishes penalties for violations. It affects all government employees and aims to strengthen honesty and transparency in public administration. (Decree 36-2007, 1999)
- Acuerdo Ministerial No. SCGG-00116-2015 — Delegación de atribuciones de la Dirección Presidencial de Planificación Estratégica, Presupuesto e Inversión Pública — This agreement temporarily delegates the functions of the Presidential Directorate of Strategic Planning, Budget and Public Investment to a government official while a new director is appointed. The designated person will be responsible for formulating strategic plans, proposing public policies, and allocating resources to achieve the President's objectives. (Decree SCGG-00116-2015, 2015)