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Written Agreements

In Honduras, written employment contracts are mandatory, except for domestic work, seasonal jobs not lasting more than 60 days, or whose value does not exceed HNL 200. A written contract must include the following information about both parties involved and the conditions of employment:

• Employee name, nationality, age, sex, marital status, dependents, profession, and address
• Employer name and any other relevant particulars
• Work description
• Type of contract and start date
• Where the work will take place, working hours, and the wages and benefits provided by the employer
• Place and date of the contract and signatures of the contracting parties

Oral Agreements

Oral contracts are allowed under the Labor Code of Honduras in the following situations:

• Domestic service
• Accidental or temporary work for a maximum of 60 days
• A specific job with a value of less than HNL 200 (Honduran lempiras)
• Agricultural work

Implied Agreements

In Honduras, the labor law does not offer provisions or guidance on implied employment contracts. Written employment contracts are mandatory, except for domestic work, seasonal jobs lasting less than 60 days, or jobs whose value does not exceed HNL 200 (Honduran lempira).

The Honduran Labor Code sets the standard workday at 8 hours and the standard workweek at 44 hours for daytime work (36 hours for night work). Employees are paid 48 hours per week of salary. Employees working greater than these standard hours must be paid overtime.

The Labor Code defines daytime work as any work performed between 5:00 AM and 7:00 PM and night work as work performed between 7:00 PM and 5:00 AM. In the case of mixed workdays that include both daytime and night work, the night work hours may not exceed 3, otherwise, it will be considered a night shift. A mixed day can be a maximum of 7 hours, and a mixed week cannot exceed 42 working hours.

• New Year’s Day - January 1
• Day of the Americas - April 14
• Holy Thursday - April 17
• Good Friday - April 18
• Easter Saturday - April 19
• Labor Day - May 1
• Central American Independence Day - September 15
• Francisco Morazan's Birthday - October 6
• Discovery of America - October 12
• Honduran Armed Forces Day - October 27
• Christmas Day - December 25

In Honduras, the probationary or trial period may be used for both parties to assess the appropriateness of an employment relationship. The duration of the probationary period must not exceed 60 days. The exact period must be stipulated in writing and included in the employment contract.

When the trial period is agreed to be shorter than the maximum limit of 60 days, the parties can extend it before the originally stipulated period expires without the total time of probation exceeding 60 days.

Employees on probation enjoy all the same rights as permanent employees, except for notice period and severance rights. During the probationary period, either party can terminate the contract immediately.

Notice Period

The Honduran Labor Code requires employers to give a written dismissal notice indicating the cause for termination of an employment contract. If the contract is oral, notice can be given verbally before 2 witnesses. The length of the notice period differs depending on the employee’s length of service as follows:

• 24 hours notice for service of fewer than 3 months
• 1 week of notice for service between 3 and 6 months
• 2 weeks of notice for service between 6 and 12 months
• 1 month of notice for service between 1 and 2 years
• 2 months of notice for service of more than 2 years

Said notices can be omitted by any parties paying the other the corresponding amount.

Severance Benefits

In Honduras, the Labor Code states that severance payment shall be provided when an employment contract of an indefinite period is terminated in each of the following situations:

• Unfair dismissal
• Any reason beyond the employee's control
• Voluntary retirement or death of the employee due to a labor accident

The severance payment in these situations varies, depending on the worker's length of employment:

• 10 days wage for employees with 3 to 6 months of service
• 20 days wage for employees with 6 months to 1 year of service
• 30 days (1 month) wage for each year of work for employees with more than 1 year of service, not to exceed 8 months of wages

Minimum Wage

Depending on the size of the company and industry, the minimum wage may vary. The current minimum monthly wage rates vary between HNL 9,053.43 (Honduran lempiras) for agriculture, forestry, fishing, and hunting industries and HNL 18,036.18 for financial institutions, real estate, and services provided to companies.

Salary must be paid in a periodic manner, the term of which is set by the employees and employer, not exceeding 1 week for manual workers or 1 month for other employees and domestic workers.

Overtime, Holiday & Vacation Pay

The labor law of Honduras sets the standard workday at 8 hours and the standard workweek at 44 hours for daytime work and 36 hours for night work. Employees working greater than these standard hours must be paid overtime compensation. A working day must not exceed 12 hours (regular hours and overtime). An employee can work a maximum of 16 overtime hours a week. The overtime pay rates are as follows:

• 125% of the standard rate for daytime overtime work
• 175% of the standard night work rate for overtime hours worked during the night
• 200% for overtime hours worked during weekly rest days and public holidays

If an employee is required to work on rest days or public holidays due to the nature of their work or an emergency, they will be paid twice their normal salary for the day. An employer must pay the employee salary that would come due over the employee's annual leave at least 3 days before the employee goes on vacation. If the employment is terminated before the enjoyment of annual leave, the employee receives compensation in lieu of it.

Visas

Foreign nationals looking to come to Honduras can obtain the following visas, depending on their reasons to visit:

• Tourist visa
• Business visa
• Diplomatic visa
• Official visa

Work Permits

In Honduras, in addition to the documentation required for a visa, migrants applying for a work permit (special residence permit) must have the following:

• An application submitted by the natural or legal person requesting the migrant worker's services from abroad
• Proof from the Ministry of Labor and Social Security certifying compliance with the constitutional provision regarding hiring foreigners
• Proof that the employment lasts more than 3 months

Special residence permits are issued for a duration of 1 to 5 years.