By: Némesis Escalante
- What are the elements that the Labor Code establishes for an employment relationship to exist?
For an employment relationship to exist, there must be an employment contract. It is required that 3 essential elements exist according to our labor legislation, these are:
a. Personal activity of the employee
b. Continuous subordination or dependence of the worker with respect to the employer, which empowers the employer to demand compliance with orders, at any time as to the manner, time or amount of work, and to impose regulations, which must be maintained for the entire duration of the contract
c. A salary as remuneration for the service
Once the three elements are met, it is understood that there is an employment contract, and it does not cease to be so by reason of the name given to it, nor of other conditions or modalities that are added to it. - What are the types of employment contracts in Honduras?
a. Indefinite term: no date for its termination
b. Limited term: when a date for its termination is specified or when the end of some event or circumstance, such as the construction of a work, has been foreseen, which will necessarily terminate the employment relationship
c. For specific work or services: when the assigned work has been completed and the work to be performed ends
It is important to take into account that our legislation establishes a maximum of 60 working days for the trial period, therefore, if the established time is fulfilled, it may be alleged that the employee has been under an employment contract for an indefinite term, as long as the previously mentioned elements. - What are the employee benefits to which he/she is entitled?
All employees are entitled to the payment of their labor benefits during the employment relationship or upon the termination of their employment contract, taking into consideration that they must be paid proportionally based on the time worked.
The labor benefits to which the employee is entitled are as follows:
- Right to the Thirteenth month (Christmas bonus)
- Fourteenth month’s salary
- Vacations
- Notice and severance pay
- Bonuses and paid leave
- Paid vacations and vacations
- Payments in case of work accidents
- Pre and post-natal maternity leave for pregnant women
- Lactation period for pregnant women