Special Law on Recruitment, Placement and Hiring of Seafarers in the Honduran Shellfish Industry
Congreso Nacional
- Decree: 93-2019
- Published: October 8, 2019
- Issuing body: Congreso Nacional
- Gazette: 35,068
- Category: Labor
Summary
This law regulates the recruitment, hiring, and placement of Honduran maritime workers on cruise ships of any flag. It establishes labor rights such as fair wages, 48-hour work weeks, paid vacation, medical care, cost-free repatriation, and compensation for accidents or occupational illness. It protects sailors through authorized employment agencies and ensures compliance with international maritime labor agreements.
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 governing 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 the respect and hierarchy of international treaties, laying the foundations, in matters of employment, to maintain the work of Honduran seafarers, embarked in 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 main foundation is the Honduran seafarer. International statistics estimate a large number of embarked Hondurans who have opted for 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 to allow the training of officers and sailors so that they may hold positions of higher rank in merchant vessels, thereby increasing the source of economic resources derived from the performance of maritime labor activities.
Whereas the maritime industry is vital for Honduras' economy, constituting a high percentage of its international commerce through maritime transport, for which reason the need to create a legal instrument that allows the State to guarantee the labor and social rights of Honduran seafarers employed on vessels of national and foreign flags becomes imperative.
Whereas, in accordance with 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 formation, coordination, execution and evaluation of employment policies, including those for persons with disabilities, wages, labor force development, promotion of workers' education and employer-worker relations, selective labor immigration, coordination of the Social Security system, recognition and registration of the legal personality of Trade Unions and other labor organizations, matters relating to occupational health and safety, 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 seafarers.
Whereas the National Institute of Professional Training (INFOP), created by Decree 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 face the challenges of modern society.
Whereas the Honduran Institute of Social Security (IHSS) has as its purposes to guarantee the human individual access to health, medical assistance, protection of the means of subsistence and the social services necessary to achieve individual and collective well-being.
Whereas in accordance with Article 205, Attribution 1) of the Constitution of the Republic, it is the Authority of the National Congress to: Create, enact, interpret, reform and repeal laws.
Articles
The purpose of this Law is to regulate the process of recruitment, hiring and placement of seafarers of Honduran nationality or domiciled in Honduras, who work on cruise ships flying the flag of any nationality including that of Honduras, and to establish provisions to guarantee their labor and social rights in the performance of such duties.
This Law applies throughout the national territory and applies to natural persons of Honduran nationality or domiciled in Honduras, trained and certified as seafarers by the General Directorate of Merchant Marine (DGMM), who are contracted on cruise ships flying the flag of any nationality, to natural or legal persons, national or foreign, domiciled in Honduras, who are dedicated to the hiring and placement of seafarers; likewise to the ports and related services where said cruise ships flying foreign flags carry out operations.
In the exercise of its institutional and legal powers, it is the responsibility of the Secretary of State in the Offices of Labor and Social Security, the General Directorate of Merchant Marine (DGMM), National Institute of Vocational Training and the Honduran Institute of Social Security, respectively, to apply, supervise and ensure compliance with this Law: who must establish mechanisms for coordination and cooperation among themselves, without prejudice to the coordination and collaboration that they must carry out with other state institutions.
For the purposes of this Law, the following is understood as:
- 1)
Work Accident: Any injury that occurs to a seafarer during the fulfillment of the labor relationship, in accordance with the concept established in the Labor Code;
- 2)
Employment Agreement: It is the written instrument that contains the terms, rights, obligations and conditions that govern the labor relationship between the employer and the seafarer. The State must structure a master contract to establish the specific conditions that must govern labor relations;
- 3)
Employment Agency: Any natural or legal person, national or foreign, legally established in Honduras, duly authorized by the Secretary of State in the Offices of Labor and Social Security that, directly or indirectly, is dedicated to the recruitment, hiring and placement of seafarers to work on cruise ships flying the national or foreign flag;
- 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 a seafarer, in accordance with the current legislation of Honduras;
- 5)
Employer: Any natural or legal person, national or foreign, company, corporation or placement agency, domiciled in Honduras, duly authorized by the Secretary of State in the Offices of Labor and Social Security, owner of a ship or the one who, by virtue of this Law, has assumed compliance with all duties and responsibilities regarding seafarers, such as the Employment Agency, the manager, the agent, the charterer or the captain, as the case may be;
- 6)
Occupational Disease: any disease derived from the performance of their duties;
- 7)
Ordinary Work Day: Comprises the eight (8) hours of work that a seafarer must perform within a period of twenty-four (24) hours;
- 8)
Seafarer: Any natural person of Honduran nationality or domiciled in Honduras, trained and certified by the General Directorate of Merchant Marine (DGMM), in accordance with the regulatory framework that accredits knowledge and professional suitability, contracted to work abroad, in any position, on board a cruise ship flying a foreign or national flag;
- 9)
Permanent Partial Disability: The reduction of an individual's faculties due to the loss or paralysis of some limb, organ or bodily function.
- 10)
Temporary Disability: That which prevents the worker from dedicating themselves to their usual duties during a limited period of time that does not exceed one year, provided that at the end of their recovery they are fit for work.
- 11)
Labor intermediation: Activity carried out by the Secretary of State in the Offices of Labor and Social Security or an employment agency duly authorized, for the recruitment, hiring and placement of seafarers on cruise ships flying foreign and national flags;
- 12)
Receiver: The person designated by the seafarer to receive remittances in Honduras;
- 13)
Base Salary: The compensation, whatever the elements that compose it, corresponding to the normal hours of work, excluding payments for overtime hours, bonuses, allowances, paid vacations or any other additional remuneration;
- 14)
Departure: Refers to the departure from the point of hiring of the seafarer by air, sea or land route to the point of embarkation, whether in a Honduran or foreign port, and;
- 15)
Terms and conditions of employment of seafarers: Are the minimum conditions established in this Law. International Conventions, individual and collective labor agreements, the Labor Code and other applicable labor regulations, which must be complied with by employers who hire seafarers. CHAPTER II OF THE HIRING OF HONDURAN SEAFARERS
The hiring and placement of Honduran seafarers in the Cruise Industry must be carried out directly by the Shipping Companies or through Employment Agencies duly authorized by the Secretary of State in the Offices of Labor and Social Security. In any case and by virtue of this Law, the contractor must be the employer and must comply with all duties and responsibilities regarding 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 Employers Registry system contemplated by the Labor Inspection Law. TITLE I OF EMPLOYMENT AGENCIES
Employment agencies for the hiring and placement of seafarers must meet the conditions and authorization requirements established in this Law and the provisions contained in the Maritime Labor Convention 2006 and be subject to the supervision of the Secretary of State in the Offices of Labor and Social Security, respecting the terms and conditions of employment, in order to ensure that activities are carried out in strict compliance with applicable legislation. For purposes of the operation of Seafarer Employment Agencies, they must enter into agreements or conventions with shipping companies, vessels or cruise ships where the condition of representation, obligations and responsibilities regarding the hiring of seafarers are established. Employment Agencies must provide their services effectively and responsibly to seafarers so that they can find employment on board cruise ships flying foreign and national flags, without the foregoing representing any cost to the seafarer. When the labor relationship is through Employment Agencies, they assume the character of employer and must be responsible for claims for non-compliance with the terms and conditions of employment of seafarers.
Employment Agencies have, at a minimum, the following obligations:
- 1)
Keep an updated record of all seafarers hired or placed, which must be made available to competent authorities for purposes of supervision, inspection and any other purpose they deem appropriate;
- 2)
Ensure that seafarers know the rights and obligations provided for in their employment contracts before, during and after the hiring process and that appropriate measures are adopted so that seafarers can review and analyze their employment contract before signing it in as many originals as necessary and the delivery of copies to the parties involved;
- 3)
Verify that the seafarers hired or placed possess the qualifications and documents necessary for the employment in question and that the employment contracts of the seafarers are in conformity with applicable national and international legislation;
- 4)
Ensure that the shipowners have the necessary means to prevent seafarers from being abandoned in a foreign port;
- 5)
Examine and respond to any complaint relating and notify pending complaints to the competent authorities; and,
- 6)
Establish a protection system, through insurance or an appropriate equivalent measure, to indemnify seafarers for pecuniary losses that they could incur as a result of non-compliance with the obligations that the Employment Agency or the shipowner has toward them by virtue of the employment contract. The Secretary of State in the Offices of Labor and Social Security must supervise and control Employment Agencies in order to ensure compliance with applicable national and international provisions.
Employment Agencies in accordance with the Maritime Labor Convention 2006, have the following prohibitions: 1) Use means, mechanisms or lists intended to prevent seafarers from obtaining employment for which they are qualified, or exclude them from it, and 2) Charge seafarers, directly or indirectly and in whole or in part, fees or other stipends for the purpose of hiring, placement or obtaining employment, with the exception of expenses corresponding to obtaining the mandatory national medical certificate, the national service booklet, police or criminal background, their passport or other personal travel documents (with the exception of visa costs which must be paid by the employer).
It is the responsibility of the General Directorate of Merchant Marine (DGMM) to carry out the control and registration of the embarkation 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 said Directorate. CHAPTER III RIGHTS AND OBLIGATIONS
The employer and the seafarer enjoy the rights, duties and prohibitions that emanate from this Law, from the contract executed and from the different sources of applicable labor law in Honduran legislation and international conventions already signed.
In accordance with this Law, the obligations of the employer are:
- 1)
Comply with the provisions of this Law and with the terms and conditions stipulated in the employment contract executed, particularly regarding timely payment of salaries, the sending of remittances and the expeditious 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)
Extend a copy of the employment contract executed to the seafarer and submit a copy thereof to the Secretary of State in the Offices of Labor and Social Security for purposes of review of compliance with applicable labor regulations and the registration of such contract;
- 4)
Payment of a salary or regular and complete compensation, in accordance with the employment contract executed;
- 5)
Facilitate mechanisms for the sending of family remittances;
- 6)
Refrain from withholding from the compensation of seafarers, sums of money intended for obtaining employment or preserving it;
- 7)
Avoid working days that exceed forty-eight (48) hours per week; in the case of working overtime, these must be remunerated at least twenty-five percent (25%) higher than the base hourly salary;
- 8)
Ensure the enjoyment of paid annual leave, 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 the seafarer;
- 11)
Indemnify the seafarer in case of loss of the ship or shipwreck;
- 12)
Provide safe and adequate lodging and recreational facilities;
- 13)
Provide food and potable water of good quality;
- 14)
Extend coverage through insurance for the crew;
- 15)
Extend coverage to seafarers and their dependents of the Honduras Social Protection System, without prejudice to that provided for 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 the seafarer;
- 17)
Provide a workplace in which hygiene and safety standards are complied with, ensuring 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 illnesses to seafarers; and,
- 18)
Ensure 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.
In accordance with this Law, the obligations of seafarers are:
- 1)
Comply with the provisions of this Law and with the terms and conditions stipulated in the employment contract executed;
- 2)
Seafarers may send remittances monthly through an Authorized Banking Institution for such purposes in Honduras, to the recipient assigned in said country or another that may be defined;
- 3)
Abide by the disciplinary regime and maritime regulations that govern employment contracts and the Code of Ethics;
- 4)
Comply with the directives of their superiors and comply with the employer's and vessel's policies, including safety policies and procedures and any other directive related to the same;
- 5)
Seafarers must make use of all appropriate safety equipment that has been provided to them and must ensure that they dress appropriately from a safety perspective for the work in charge;
- 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 or Vessel;
- 8)
Be responsible for their health while on board the Vessel, maintaining a healthy lifestyle, which includes taking medications and making lifestyle changes prescribed by the doctor as appropriate; and,
- 9)
The General Directorate of Merchant Marine (DGMM) must notify the Secretary of State in the Offices of Labor and Social Security of the disembarkation of Seafarers in Honduras within a period of three (3) calendar days.
The National Institute of Vocational Training (INFOP) must be responsible for providing courses, training and general education for seafarers according to the demand of the maritime industry. The General Directorate of Merchant Marine (DGMM) must be responsible for directing and providing seafarer training under the guidelines indicated in the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers 1978, as amended in 1995 (STCW). CHAPTER IV EMPLOYMENT CONTRACT AND SOCIAL SECURITY SYSTEM
The employment contract executed between the employer and the seafarer begins from the departure of the seafarer from any maritime or air port in Honduras as the point of hiring and is effective until the date of arrival of the seafarer at the same point of hiring as the termination of his labor relationship in accordance with what is established therein.
Seafarers must be remunerated for their work on a regular basis and in full compliance with what is established in the employment contract. The remuneration must be paid monthly and payment must not exceed fifteen (15) days of the following month, taking as reference the date of initiation of the contract until the date of arrival at the point of hiring for purposes of termination thereof. The employer must extend monthly a statement of account of the amounts owed and the sums paid as concept of salaries, additional compensation and the exchange rate used in cases where payments are made in a currency or exchange rate different from that agreed.
INCOME AND REMITTANCES.- In accordance with this Law: 1) Maritime personnel may, if desired, send remittances on a monthly basis through an Authorized Banking Institution for such purpose in Honduras, to the recipient assigned in said country. The employer must provide maritime personnel with facilities at no cost. The percentage or amount assigned as remittances must be established by maritime personnel at the time of hiring; and, 2) Likewise, the employer must provide maritime personnel with facilities to remit any amount earned as 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 maritime personnel.
ORDINARY WORKING HOURS.- The ordinary working day must be eight (8) hours for each twenty-four (24) hours without the hours worked during the week exceeding the period of forty-eight (48) hours in accordance with the Maritime Labour Convention, 2006. The work schedule must be established by the employer in accordance with international practices and guidelines.
OVERTIME HOURS.- Maritime personnel must be compensated for extraordinary work developed beyond the ordinary working hours.- The computation of extraordinary working hours 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 less than thirty (30) minutes must be computed as thirty (30) minutes and when in the previous case the work performed exceeds thirty (30) minutes, it must be computed as one complete hour worked. The scheduling of overtime hours must be agreed upon between maritime personnel and the employer; however, the total working period composed of ordinary hours and overtime hours cannot exceed a maximum of seventy-two (72) hours for each seven (7) day period. Overtime hours must be remunerated at no less than twenty-five percent (25%) higher than the base hourly wage.
HOLIDAYS.- Holidays must be established in the employment agreement subscribed between the parties according to the provisions contained in the employer's holiday policy. Any hour or shift, including watch hours performed by maritime personnel, on holidays or days of rest must be paid as a holiday or rest day.
EMERGENCY DUTY.- Maritime personnel must provide their services during the time necessary to ensure the immediate safety of the vessel and persons on board, or to assist other cruise ships or persons in danger at sea.- Consequently, the ordinary working day or rest period may be suspended and maritime personnel may be required to provide service for the time necessary, until any situation has been normalized.- As soon as feasible, once normalcy has been restored, steps must be taken to ensure that maritime personnel who have worked during their normal rest hours are granted an adequate rest period. The work performed by maritime personnel in emergency situations or emergency drills must not be considered as overtime hours worked, nor must they be subject to any payment.
PAYMENT AND CALCULATION OF VACATION.- The annual vacation period for maritime personnel must be calculated taking as a minimum 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, after consultation and in agreement with maritime personnel, without prejudice to what is established in this regard by regulations, collective agreements or any other applicable rules or agreements compatible with national practice. The annual vacation period need not be continuous, except in cases of extreme urgency requiring the presence of maritime personnel aboard the cruise ship.
TRANSFER OF MARITIME PERSONNEL.- Maritime personnel may be transferred to any other cruise ship in any port, provided that under no circumstances shall the transfer result in the diminishment of rights, benefits, functions, wages, duration of contract 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 is effectuated must be documented and the Directorate General of Maritime Trade (DGMM) must notify the Secretariat of State in the Labor and Social Security Portfolio within three (3) business days.
TERMINATION OF EMPLOYMENT CONTRACT.- In all cases provided in this Law, maritime personnel have the right to be repatriated with all costs borne by the employer, in accordance with the provisions of the Maritime Labour Convention 2006, without prejudice to what is established in collective contracts or in agreements subscribed between the parties, with respect to termination of contract for reasons attributable solely and exclusively to maritime personnel. The employment relationship derived from the contract subscribed between the parties is considered terminated once maritime personnel completes the period established in the contract for the provision of service aboard the cruise ship, disembarks and arrives at the point of hiring. Likewise, termination of the employment contract of maritime personnel is effective once they arrive at the point of hiring for any of the following circumstances:
- 1)
When disembarked for medical reasons requiring indefinite hospitalization or any other that prevents the continuation of work;
- 2)
When maritime personnel cease their duties by virtue of a shipwreck, by 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 warranting it;
- 3)
When voluntary resignation by maritime personnel in writing and ceases work prior to the expiration of the contract for justified causes; and,
- 4)
When maritime personnel are discharged for just cause.
SETTLEMENT AND WORK CERTIFICATE.- Upon termination of the employment relationship, a settlement statement must be extended to maritime personnel in which all wages received and all deductions made are reflected.- When maritime personnel are forced to disembark in an emergency, the aforementioned document must be delivered within a period not exceeding one (1) month, counted from the date of disembarkation.- Likewise, at the request of maritime personnel and whenever requested, the employer must issue a Work Certificate, at no cost to maritime personnel.
SOCIAL SECURITY REGIME.- Every employer is responsible for complying with the social security regime applicable to maritime personnel, in accordance with Honduran legislation; without prejudice to what the employment contract, better conditions may establish, which must be communicated to the Secretariat of State in the Labor and Social Security Portfolio and the Directorate General of Maritime Trade (DGMM). CHAPTER V COMPENSATIONS, INDEMNIFICATIONS AND BENEFITS FOR EARLY TERMINATION OF EMPLOYMENT CONTRACT
In case of early termination of the employment contract of maritime personnel derived 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 maritime personnel; maritime personnel have the right to accrued 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 legislation in Honduras and one month of base salary as cancellation payment as corresponding in accordance with the provisions contained in the subscribed contract, this Law and current labor legislation. CHAPTER VI OCCUPATIONAL HAZARDS, WORK ACCIDENTS AND OCCUPATIONAL DISEASE
OCCUPATIONAL HAZARDS.- Occupational hazards are understood to be work accidents and occupational diseases to which maritime personnel are exposed in accordance with the Labor Code of Honduras by reason of work aboard cruise ships of national or foreign flag.
COMPENSATION AND BENEFITS FOR WORK ACCIDENTS OR OCCUPATIONAL DISEASE.- The obligations of the employer when maritime personnel suffer work accidents or occupational diseases during the term of the contract are as follows:
- 1)
The employer must pay maritime personnel their salary during the time they remain aboard 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 bear the costs of medical, dental, surgical care and hospital treatment, as well as costs of embarkation and lodging until maritime personnel is declared in favorable health conditions to return to work or is repatriated.- In any case, if after repatriation, maritime personnel still requires medical attention 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 disability certificate by the physician designated by the employer;
- 3)
In addition to the obligation established in the previous paragraph concerning the employer's duty to provide medical attention, maritime personnel must also receive a subsidy for occupational disease/work accident, calculated taking into account the base salary, from the date they ceased work until they were declared fit to return to work or have been issued the permanent disability certificate issued by the physician designated by the employer. The period to which maritime personnel have the right to receive the subsidy for disease/accident cannot exceed one hundred twenty (120) days. Payment of said subsidy must be made on a regular basis and no less than once (1) per month. Maritime personnel have the right to reimbursement of costs for medications prescribed by the physician designated by the employer. In case the medical treatment of maritime personnel must be carried out outside the ship by order of the designated physician, the employer must approve the form of appropriate transfer and lodging. The applicable costs derived from travel and lodging must be reimbursed once the settlement is made with the presentation of official receipts of the expenses incurred. For this purpose, maritime personnel 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 previously established period. During the course of treatment, maritime personnel must report to the designated physician, on the dates agreed upon and prescribed by both parties, the progress of the prescribed treatment. In case maritime personnel fail to comply with the aforementioned reports, they lose the right to claim the previously described benefits. If a physician designated by maritime personnel disagrees with the diagnosis issued by the physician designated by the employer, the parties in 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 case maritime personnel disembark for medical reasons, the employer must bear the total costs of repatriation in the case that maritime personnel is declared: (a) fit for repatriation or (b) fit to work, but the employer does not have a position where maritime personnel can be assigned in the assigned cruise ship or any other ship of the same owner;
- 6)
In case of partial or permanent disability of maritime personnel derived from a work accident or disease, maritime personnel 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.
- 7)
It is understood and agreed that the above-mentioned benefits must be separated and classified, and must be in addition to any other benefit to which maritime personnel are entitled in accordance with Honduran legislation.
INDEMNIFICATIONS AND OTHER BENEFITS DUE TO DEATH.- The indemnification for death of maritime personnel and any other benefit established in the employment contract or employer policies, is paid to the person designated by maritime personnel; in default thereof, to the father, mother, spouse, partner and children or daughters, if any, in the proportional part that corresponds to them. The employer must bear the costs arising from transporting the mortal remains and the belongings of the deceased maritime personnel to Honduras, at the expense of the employer with the exception if death occurs in a port where national legislation and regulation does not permit the transport of mortal remains. In the case that death occurs at sea, the disposition of the remains must be handled in accordance with the disposition of the captain. In all cases, the captain must inform the employer of what has been resolved for the handling of the remains of maritime personnel. The indemnification 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 death of maritime personnel; an amount that also serves as the basis for the establishment of pensions for disability. The parties may add better conditions in the contract, in accordance with the policies of employing companies, which must be communicated to the Secretariat of State in the Labor and Social Security Portfolio. No accident, disability, incapacity or death of maritime personnel resulting from a criminal act or intentional action or improper conduct or manifest negligence of their duties or disease or physical deficiencies voluntarily concealed at the time of hiring shall obligate the employer to pay any indemnification or benefit, provided that it can prove that the aforementioned causes are attributable to maritime personnel. CHAPTER VII RESOLUTION OF LABOR DISPUTES
RESOLUTION OF DISPUTES.- Any labor dispute arising from the employment of maritime personnel, by virtue of law or of the contract subscribed, must be submitted to the conciliatory intervention of the Secretariat of State in the Labor and Social Security Portfolio. If the parties fail to reach any agreement, the interested party may file their claims before the competent Labor Judge, through the ordinary proceedings governed by the laws of the Republic of Honduras.
PRESCRIPTION OF ACTION. Claims arising from this Law shall 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 had knowledge thereof. Once said term has elapsed, the right to bring any action shall be prescribed. CHAPTER VIII SANCTIONARY REGIME
IRREGULAR RECRUITMENT. Any recruitment of seafarers that has been carried out without the corresponding labor intermediation or by an unauthorized recruitment and placement agency, as well as that in which the contract does not incorporate the terms and conditions of employment and other aspects contemplated in this Law, shall be considered irregular recruitment subject to the imposition of a fine imposed by the Secretariat of State in the Department of Labor and Social Security, without prejudice to the corresponding criminal liability. CHAPTER IX FINAL PROVISIONS
The Executive Power must create a framework agreement within a term 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 recruitment of seafarers.
SPECIALTY. This Law, by its special character, must prevail over any other law or regulation on this matter that contradicts it.
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 the applicable labor and social security legislation shall apply.
For the correct and effective application of this Law, all institutions involved in its application must issue the corresponding regulations in accordance with their competencies, within a period not to exceed ninety (90) days, counted from the effective date of this Law, which must be approved by the Executive Power.
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 Room 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: Execute. Tegucigalpa, M.D.C., October 8, 2019. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE DEPARTMENT OF LABOR AND SOCIAL SECURITY CARLOS MADERO