Decree No. 75-2014 Consolidation and Transfer of October Holidays
Congreso Nacional
- Decree: 75-2014
- Published: September 29, 2014
- Issuing body: Congreso Nacional
- Gazette: 33,543
- Category: Labor
Summary
This decree moves Honduras' three national holidays in October (3rd, 12th, and 21st) to the last week of the month for public and private employees. The goal is to boost domestic tourism during October, when fewer foreign visitors arrive, benefiting regional commerce and the national economy.
Considerations
That in accordance with Article 205 numeral 1 of the Constitution of the Republic, it corresponds to the National Congress to create, direct, interpret, reform and repeal laws.
That Executive Decree PCM-001-014 in its Article 4 created the Economic Development Sector Cabinet in which the Honduran Tourism Institute is integrated.
That Executive Decree PCM-001-2014 in its Article 13 determines that decentralized, deconcentrated and autonomous institutions of the Executive Power have the organization and attributions that the Law confers upon them, and must be based in accordance with the guidelines of the Sector Cabinet to which they are integrated.
That the Law of the Honduran Tourism Institute (IHT) provides that the Honduran Tourism Institute is a public law entity, of a permanent nature, with legal personality and its own assets and administrative and financial autonomy.
That the Law of the Honduran Tourism Institute (IHT) defines the Institute and promotes tourism as an economic activity that drives the development of the country.
That the Honduran Tourism Institute (IHT), is a Decentralized Institution with legal personality and its own assets with administrative and financial autonomy; which for purposes of its supervision and control of the budget structure and organization of the Public Administration, is incorporated into the Economic Development Sector Cabinet.
That the Labor Code in its Article 339 points out that October 3, 12 and 21 are public holidays.
That by means of Executive Decree No. PCM-011-2014 dated May 3, 2014, the Tourism Sector was declared a Priority Sector for the social and economic development of the country, constituting this Declaration as a State Policy and integrating tourism as an entity of the most relevant Government Agenda.
That tourism has become one of the most significant activities for job creation and through it, for the improvement of the quality of life of inhabitants of numerous localities in our country, which is why it becomes necessary to implement actions aimed at increasing domestic tourism during the month of October, because during that month, the flow of foreign tourists is reduced compared to other months of the year, which constitutes an opportunity for commerce and other service activities in regional economies, generating a redistribution of economic resources with notable positive results for the country as a whole.
That on June 30, 2014 in the Council of Ministers, Executive Decree PCM-031-2014 was approved, published on July 2, 2014, by which the National Migration Institute is created, eliminating the General Directorate of Migration and Foreign Affairs.
That the aforementioned Executive Decree creates a Transition Commission to carry out the administrative restructuring of the National Migration Institute, for which it shall perform the evaluation and liquidation of existing personnel, as applicable from the abolished Migration and Foreign Affairs Directorate, as well as the classification and hiring of new personnel, a mission to be executed within a period of forty-five calendar days.
That in order to conclude the functions assigned to the Transition Commission in relation to the administrative restructuring of the Institute, the evaluation and liquidation of personnel, classification and hiring of new personnel, among others, in a session of the Council of Ministers, dated September 4, 2014, through Minutes No. 14-2014, point No. 13, an extension of forty-five (45) calendar days was granted.
That notwithstanding the significant progress of the transition process regarding the evaluation of personnel from the abolished General Migration and Foreign Affairs Directorate, inventory surveys, files, documentation, liabilities, as well as the selection, evaluation and certification of personnel for the implementation of the Migration Control System due to the application of trust tests and migration processes that require the application of trust tests and migration processes that require graduated programming, which are still being executed.
That the transition process entails, among others, the liquidation of personnel from the abolished Migration and Foreign Affairs Directorate, which requires resources that are not yet available.
Amendments
- Modifies: Labor Code (Amendment) — articles 339
- Modified by: Decreto Legislativo No. 78-2015 — Reforma al Decreto No. 75-2014 sobre traslado de feriados cívicos de octubre (Amendment) — articles Artículo 1
Articles
To unify and transfer, for tourism purposes, the holidays corresponding to the civic festivities of October 3, 12, and 21, to the corresponding dates of Wednesday, Thursday, and Friday of the last week of October for public employees, and for private sector employees it should begin from the 4th of the last week until Saturday at 12:00 noon, in order to increase tourism demand and be able to channel beneficiaries in the tourism sector and in the national economy. Regardless of whether the three (3) aforementioned holiday days fall on festive days, institutions may only refer back for informational purposes for the determined administrative sectors of the dates that represent for Honduran society, without this producing a double holiday.
The days of August 3, 12, and 21 of October, which according to the previous Article are moved to the last week of the same month, applies to both the public sector and all its dependencies, as well as the private sector, being mandatory compliance as presented.
This Decree enters into force from 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 tenth day of the month of September two thousand fourteen. MAURICIO OLIVA HERRERA PRESIDENT MARIO ALONSO PÉREZ LÓPEZ SECRETARY ROMÁN VILLEDA AGUILAR SECRETARY To the Executive Power. Therefore, Let it be executed. Tegucigalpa, M.D.C., September 26, 2014 JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE SECRETARY OF STATE IN THE OFFICES OF HUMAN RIGHTS, JUSTICE, GOVERNANCE AND DECENTRALIZATION. RIGOBERTO CHANG CASTILLO Executive Power EXECUTIVE DECREE PCM 063-2014 THE PRESIDENT OF THE REPUBLIC IN COUNCIL OF MINISTERS, CONSIDERING: That on June 30, 2014 in Council of Ministers, Executive Decree PCM-031-2014 was approved, published on July 2, 2014, by means of which the National Migration Institute is created, eliminating the General Directorate of Migration and Foreign Affairs. CONSIDERING: That the aforementioned Executive Decree creates a Transition Commission, to carry out the administrative restructuring of the National Migration Institute, for which it will perform the evaluation and liquidation of existing personnel, as applicable from the eliminated Migration and Foreign Affairs Directorate, as well as the classification and hiring of new personnel, a mission to be executed within a period of forty-five calendar days. CONSIDERING: That in order to conclude the functions assigned to the Transition Commission in relation to the administrative restructuring of the Institute, the evaluation and liquidation of personnel, classification and hiring of new personnel, among others, in a session of the Council of Ministers, dated September 4, 2014, through Minutes No. 14-2014, at item No. 13, an extension of forty-five (45) calendar days was granted. CONSIDERING: That despite the significant progress of the transition process regarding the evaluation of personnel from the eliminated General Directorate of Migration and Foreign Affairs, inventory gathering, files, documentation, liabilities, as well as the selection, evaluation and certification of personnel for the implementation of the Migration Control System due to the application of trust tests and migration processes that require the application of trust tests and migration processes that require gradual programming, which are still in execution. CONSIDERING: That the transition process entails, among others, the liquidation of personnel from the eliminated Migration and Foreign Affairs Directorate, which requires resources that are not yet available. THEREFORE; Using the powers contained in Articles 245 numerals 1), 2), 11) and 252 of the Constitution of the Republic; Articles 3, 4, 11, 22 and 117 of the General Law of Public Administration and its amendments, Migration and Foreign Affairs Law, created by Legislative Decree Number 208-2003 published in the Official Gazette La Gaceta on March 3, 2004, its regulations. LIC. MARTHA ALICIA GARCÍA JORGE ALBERTO RICO SALINAS Coordinator and Supervisor Lomas Verbena Telefax: Management 2220-4858 Administration 2220-5026 Plant: 2204767 GOVERNMENT CIVIC CENTER SUMMARY Section A Decrees and Agreements LEGISLATIVE POWER Decree No. 75-2014. EXECUTIVE POWER Executive Decree PCM 063-2014. MINISTRY OF EDUCATION Agreement No. 1553-SE-2014. A. 4 Section B Legal Notices
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