#Honduras 🇭🇳 #BDS_Article: Telework Labor Regime in Honduras
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#Honduras 🇭🇳 #BDS_Article: Telework Labor Regime in Honduras

In an effort to modernize its labor market and address the work-related challenges in the digital era, Honduras has given its second reading approval to the Law on the Telework Labor Regime, an innovative regulation that recognizes telework as a valid and protected form of employment relationship. This law aligns with the recommendations of the International Labour Organization (ILO) and with the practices of other Latin American countries that have adopted similar legal frameworks.

Telework is defined as the performance of work activities outside the traditional workplace, using information and communication technologies (ICT). This modality is based on the principles of voluntariness, reversibility, equal treatment, shared responsibility, and the right to digital disconnection. The law provides that its implementation must result from a free and express agreement between the employer and the employee, without affecting vested rights or fundamental employment conditions.

Workers under this modality will enjoy all rights recognized under the Honduran Labor Code, including working hours, fair remuneration, vacation leave, other leave entitlements, social security, trade union organization, job stability, and decent working conditions. Furthermore, employers are required to provide the equipment and tools necessary for the performance of the work duties, as well as to ensure occupational health and safety conditions in the space where such work is performed.

The legal framework also establishes mechanisms for performance supervision and control, which must respect the employee’s privacy and avoid any form of intrusive surveillance or technological abuse. Likewise, it regulates the right to disconnect outside of working hours in order to preserve mental health and work-life balance.

This legislation represents a significant step toward labor inclusion, especially for persons with disabilities, family caregivers, women, and workers located in regions with limited access to urban centers. It also enables companies to expand their geographic reach, improve efficiency, and contribute to environmental sustainability by reducing traffic and resource consumption.

Finally, the Law on Telework is consistent with Articles 127 and 128 of the Constitution of the Republic of Honduras, which recognize work as a human right and a social function, and ratifies the State’s obligation to protect labor rights, promote employment, and modernize legislation in accordance with transformations in the productive environment

 

Karla Andonie

Partner, BDS Asesores

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