Labor law in Honduras

The Código del Trabajo, Decreto 189-59, regulates the relationship between an employee and an employer in Honduras. Ley de Inspección de Trabajo, Decreto 178-2016, the Ley del Instituto Hondureño de Seguridad Social, the Ley 13º Mes, the Ley 14º Mes and the Reglamento General de Medidas Preventivas add rules on inspection, social security, annual bonuses and workplace protection. SETRASS, the Secretaría de Trabajo y Seguridad Social, publishes and administers labor information. Its Dirección General del Trabajo handles registrations, administrative matters and conciliation. The Dirección General de Inspección del Trabajo and regional inspectorates monitor compliance. The Procuraduría del Trabajo provides free legal assistance to employees. Labor courts hear individual disputes, while the Corte de Apelaciones de Trabajo and the Corte Suprema handle specified appeals and cassation proceedings. An employment contract should generally be written. It identifies the parties, work, workplace, pay and payment intervals, duration, starting date, working time and any agreed clauses on termination, accommodation or food. Fixed-term contracts and contracts for a specific work or service are exceptions to the usual indefinite contract where the employer has a continuing need. A probationary period may last up to 60 days, must be written and paid, and can end without notice or dismissal compensation; after it, the relationship normally becomes indefinite. Domestic work, accidents or temporary work up to 60 days, work valued at no more than L200 and certain agricultural or livestock work have specific exceptions to the written-contract rule. The absence of a written contract does not automatically invalidate the employment relationship, but the employee's account may receive a legal presumption. Employers must keep contract records. Part-time contracts can be handled through the SETRASS SOL platform. Employees must perform the agreed work personally, follow lawful instructions, work carefully, protect company tools, respect confidentiality and follow hygiene and safety rules. Employers must pay the agreed and legally required benefits, provide a safe workplace and avoid reprisals for exercising labor rights. Private employment intermediaries must be registered and supervised by the Dirección General de Empleo. Normal daytime work is limited to 8 hours per day and 48 hours per week. Night work is limited to 6 hours per day and 36 hours per week. Mixed work is limited to 7 hours per day and 42 hours per week. A continuous workday includes a 30-minute break counted as working time, and daily rest should be at least 10 hours. Employees generally receive one weekly rest day, usually Sunday. If permanent work remains below 44 hours per week, the full daytime weekly wage is generally due. Overtime is paid at 25% above the daytime rate, 50% above the daytime rate for night overtime, and 75% when night work is extended. Normal work plus overtime may not exceed 12 hours per day. Overtime is not allowed for dangerous or unhealthy work and is generally limited to four times per week, except where a harvest shortage creates a recognized need. Emergency work has separate increases of 30% or 70%. Work on a weekly rest day or statutory holiday is paid at double pay while the weekly rest must still be preserved. Statutory holidays include January 1, April 14, May 1, September 15, October 3, October 12, October 21, December 25 and the Thursday through Saturday of Semana Santa. Paid annual leave begins after one year with 10 working days, rises to 12 days after two years, 15 days after three years and 20 days after four or more years. On termination, accrued or proportional leave must be paid. Accumulating leave is generally prohibited, except for technical or trusted managerial work for up to two years. Leave pay is generally calculated from the average ordinary remuneration of the preceding six months. Wages are paid in Honduran lempiras. The maximum payment interval is one week for manual work and one month for intellectual work or domestic work. Equal pay applies to equal work, and pay differences may not be based on age, sex, nationality, race, religion, political opinion or union membership. The statutory minimum wage is set through a tripartite process and varies by economic activity, economic zone and company size. For 2026, the published monthly amounts in the main table range by company size from 1 to 10, 11 to 50, 51 to 150 and 151 or more employees. Examples include agriculture at L9,596.64 to L12,349.49, manufacturing at L12,869.14 to L18,786.37, commerce and construction at L13,292.06 to L18,786.37, restaurants and hotels at L13,292.06 to L18,092.32, and finance, real estate and business services at L13,654.55 to L19,298.72. Separate tables apply to Zonas Libres, and official daily and hourly amounts should be checked against the applicable SETRASS publication. The 13th and 14th months are statutory special payments and require a separate check for proportional payment and payment on termination. Under specified conditions, agricultural workers may receive up to 30% of the wage in benefits in kind. Wage claims have priority over many other claims. An employer may terminate for a legal cause listed in Article 112 of the Código del Trabajo. The employer must communicate the termination and prove the cause if the employee challenges it. Without sufficient proof, compensation, damages for lost wages or reinstatement may be available depending on the case. Written notice stating the reason is generally required: 24 hours for employment of less than three months, one week for three to six months, two weeks for six to twelve months, one month for one to two years and two months after more than two years. The employer may replace notice with payment. An employee who leaves without notice generally owes 50% of the notice-period wage, while an employer ending the relationship without the required notice generally owes the full notice-period wage. During notice, the employee receives one paid day per week to seek another job. Auxilio de cesantía is termination compensation: 10 days of pay after three to six months, 20 days after more than six months but less than one year, and one monthly wage per completed year after one year, proportionally calculated, subject to a maximum of 25 monthly wages. Wrongful termination of a fixed-term or specific-work contract can lead to payment for the remaining term, subject to the applicable limits. Microenterprises with up to 10 employees require a separate review under Article 120-A. Pregnancy receives special protection. Termination during pregnancy requires prior authorization and a legally recognized cause through the competent labor authority or judge. A termination during pregnancy or within three months after childbirth carries a presumption of discrimination. Unauthorized termination can trigger 60 days of wages and the 10-week maternity-rest payment in addition to other amounts due. Maternity leave is generally four weeks before and six weeks after birth, with employment and contract rights protected. The Instituto Hondureño de Seguridad Social, known as IHSS, pays its maternity subsidy where the employee is insured, and the employer pays the difference; where IHSS coverage does not apply, the employer pays the full amount. Miscarriage or a non-viable premature birth can provide two to four weeks of paid leave. During the first six months, breastfeeding requires two 30-minute periods per day without a wage deduction. Employers with more than 20 employees must provide a room for children under three years of age when the inspection authority grants the required approval, and a suitable breastfeeding space must be available. Children under 14 generally may not work. A narrow exception requires official authorization, a subsistence need and continued compulsory schooling. Employees under 17 may work only daytime hours limited to 6 hours per day and 30 hours per week, with prior SETRASS authorization, a socioeconomic study and employer documentation. Employees under 16 do not receive the Sunday exception. The Dirección General de Previsión Social maintains forms and monitoring for these cases. Employers must provide safe premises, equipment and preventive measures. A Comisión Mixta de Higiene y Seguridad Ocupacional supports workplace prevention, while the inspectorate can inspect and reinspect. A professional risk includes a work accident or occupational disease. The employer generally bears the responsibility for repairing the resulting harm, while IHSS pays covered benefits under its legislation. Temporary incapacity is generally paid at 75% of wages from the first day and normally lasts up to one year, with possible claims concerning rehabilitation or suitable reassignment. Freedom of association allows employees and employers to form unions. A sindicato is a permanent association representing employees or employers. Membership generally requires age over 16; people aged 14 to 16 need the legally required consent. A union obtains legal personality after registration through the Dirección General del Trabajo within SETRASS, certification and publication in La Gaceta three times. A collective agreement must be written and can regulate working time, rest, leave, wages, safety and discipline. It must normally be deposited with the Dirección General del Trabajo within 15 days after completion. Union statute and board changes can require approval or notification. Collective disputes normally proceed through direct settlement, mediation, conciliation and, where applicable, arbitration. A legal strike suspends employment contracts without ending the underlying rights, and replacement contracts are generally not allowed. Public services have additional restrictions. A strike may be illegal when required procedural steps were skipped, its purpose is unlawful, the permitted period has ended or it is not peaceful. SETRASS can determine illegality, subject to judicial challenge. A lawful employer lockout must be peaceful and based on an economic or social justification. An employee can seek inspection, administrative conciliation or court assistance. The inspectorate checks the Código del Trabajo, collective agreements, workplace safety, maternity and child-labor rules and can intervene conciliatorily. The Dirección General del Trabajo acts as an administrative first instance for registrations and conciliation. The Procuraduría del Trabajo offers free judicial and out-of-court assistance for wage, leave, termination, professional-risk, overtime, night-work, holiday-pay, child-labor and women's-rights claims. Labor courts hear contract and workplace-risk disputes; where no labor court exists, a civil judge may act in the labor jurisdiction. Appeals go to the Corte de Apelaciones de Trabajo, and cassation can reach the Corte Suprema. An individual case can begin through an oral record identifying the parties, claim and facts, or through a written complaint. Judicial conciliation commonly takes place within two days after the response. A settlement recorded in an act has the force of a final judgment. If conciliation fails, the court gathers evidence and normally schedules the next hearing within five days. Collective economic claims are presented in duplicate to the mediator; legal disputes go to court, while economic disputes follow the mediator's response timetable and may require conciliation talks within three days. A written arbitration clause is required for arbitration. Concrete limitation and court deadlines vary by claim, so they should be checked separately rather than inferred from another labor procedure. Keep evidence of work, pay, schedules, leave, notices and communications, avoid signing blank documents or a forced resignation, and report an unexpected verbal dismissal promptly to the inspectorate.