#Honduras 🇭🇳 #BDS_LaborAlert: Considerations for Workers Affected by Tropical Storm Sara

Tropical Storm Sara has created adverse weather conditions in various regions, including heavy rains, flooding, and risks to the safety of individuals residing in or traveling through the affected areas. In this context, it is important to assess the applicable legal framework to protect the workers’ rights impacted by this natural phenomenon.

Pursuant to the provisions of the Labor Code, workers are entitled to justify their absence from work when it is due to force majeure events, such as the risks associated with a natural event of this magnitude. This includes situations where weather conditions prevent employees from commuting to their workplace or endanger their physical integrity.

Some of the articles providing the legal basis in such scenarios include:

1. Article 95, Section 7: This provision establishes specific rights for workers, including the right not to be disciplined for circumstances beyond their control, such as force majeure or unforeseeable events.
2. Article 23: Defines the concept of force majeure or unforeseeable events as any unexpected and unavoidable occurrences that exempt individuals from fulfilling certain obligations, provided these events are not attributable to the concerned worker.
3. Article 97, Sections 9 and 12: Confirms the employers’ obligation to ensure safe working conditions and exempt employees from liability for circumstances arising from force majeure.
4. Article 98, Section 1: Prohibits penalties or the classification of absences as infringements when they are duly justified by reasons of force majeure.
5. Articles 392, 402, 403, and 413: These provisions regulate matters related to the protection of labor rights in emergency situations, workplace safety, and measures to be adopted in response to occupational hazards.

We are available to support you during these challenging circumstances. Please do not hesitate to contact us if you require assistance.