Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Part II of the Convention (Engagement and recruitment and migrant workers), Articles 5–19. Further to its previous comments, the Committee notes that the Government provides no new information concerning the ad hoc committee set up to ensure the protection of migrant workers and provide them with technical training. The Committee therefore requests the Government once again to: (i) provide further information on the negotiations held within this committee; (ii) provide information on the engagement and recruitment of migrant workers; and (iii) specify the number of these labour migrants, the types of plantations on which they are employed and their working conditions in the light of the comments made by the Trade Union of Workers of Guatemala (UNSITRAGUA) in 2003. Furthermore, the Committee requests the Government to refer to its comments made in 2008 under the Migration for Employment Convention (Revised), 1949 (No. 97), concerning private employment agencies.

Part IV (Wages), Articles 24–35. Further to its previous comments, the Committee notes the information provided by the Government concerning the methods for fixing minimum wages and the number of collective agreements concluded in the agricultural sector. It notes, in particular, the adoption of Government Agreement (Acuerdo Gubernativo) No. 398-2008 of 29 December 2008 fixing the minimum wage for the agricultural sector at 52 quetzales (around US$6) per day. The Committee requests the Government to keep the Office informed of any developments relating to the adjustment of minimum wage rates and would be particularly interested in receiving comparative statistical data, such as information on the average increase in the minimum wage rate over the last ten years in relation to movements in economic indicators, such as inflation, over the same period, to enable the Committee to assess changes in the purchasing power of plantation workers.

With regard to the comments made by UNSITRAGUA in 2003 concerning the payment of wages below the minimum rates, the Committee refers to the comments sent to the Government in 2007 under the Minimum Wage Fixing Convention, 1970 (No. 131), in which it noted that over half of workers in rural areas do not receive the wages, allowances and other supplements to which they are entitled and emphasized the importance of the inspection system in ensuring that the payment of the minimum wage is guaranteed in both law and practice. In this regard, the Committee notes the statistical data provided by the Government which reveal that, in 2006, nearly 40 per cent of undertakings inspected in the agricultural sector were not complying with the legislative provisions relating to the minimum wage. With regard to the comments made by UNSITRAGUA concerning the payment of wages based on workers’ productivity, the Committee notes that section 10 of the above Government Agreement concerns the promotion of wage systems linked to the productivity of workers. It recalls, as previously indicated in its comments sent to the Government in 2007 under Convention No. 131, that, with a view to preventing abuse, subjective assessments of the quantity and quality of work performed should not affect the right to the payment of a minimum wage as an equitable level of remuneration in return for work duly performed during a specified period. The Committee requests the Government to keep the Office informed of any developments relating to the establishment by agricultural undertakings of remuneration systems based on the productivity of workers.

Part V (Annual holidays with pay), Articles 36–42. Further to the comments made by UNSITRAGUA in 2003 concerning the failure by some employers to comply with the obligation to grant paid holidays and the practice of hiring temporary workers or workers paid on a piece-rate basis in order to avoid paying holidays, the Committee notes the information provided by the Government concerning the legislative provisions granting an annual holiday to workers. It recalls, however, that, even if the legislative provisions exist, they still need to be applied in a rigorous and effective manner. The Committee therefore requests the Government to refer to the comments sent to it in 2009 under the Holidays with Pay (Agriculture) Convention, 1952 (No. 101), concerning the system of inspection and supervision.

Part VII (Maternity protection), Articles 46–50. Further to its previous comments on this matter, the Committee requests the Government to refer to its comments under the Maternity Protection Convention (Revised), 1952 (No. 103).

Parts IX and X (Right to organise and collective bargaining. Freedom of association), Articles 54–70. The Committee requests the Government to refer to its comments made under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). It also requests it to refer to the comments sent to it in 2007 under the Rural Workers’ Organisations Convention, 1975 (No. 141), concerning the implementation of a draft national policy on the provision of free assistance to workers wishing to form organizations. Finally, the Committee requests the Government to refer to the recommendations made by the Committee on Freedom of Association in Case No. 2609 concerning the events which took place on the premises of the Compañía de Desarrollo Bananero de Guatemala SA and to the allegations of anti-union acts committed against the Southern Banana Workers’ Union (SITRABANSUR) and to indicate the measures it intends to take to give effect to these recommendations.

Part XI (Labour inspection), Articles 71–84. The Committee notes the statistics provided by the Government concerning the inspections carried out between 2005 and 2008 in the agricultural sector. It requests the Government to refer to its comments made under the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Part XII (Housing), Articles 85–88. The Committee notes that the Government has still not provided information on the minimum standards and specifications relating to the accommodation of workers on plantations, in accordance with Article 86 of the Convention. It once again requests the Government to indicate the measures taken or envisaged to give full effect to the provisions of the Convention on this matter.

Part XIII (Medical care), Articles 89–91. The Committee recalls its previous comments in which it noted that, under Government Agreement No. 359-91 of 4 July 1991, all enterprises and work centres employing more than 25 workers must set up health services. It notes that the Government has still not provided the information requested concerning the medical assistance given to workers in undertakings and other establishments classified as plantations employing 10–25 workers. The Committee therefore once again requests the Government to provide information in this regard and to indicate the measures taken or envisaged to encourage the provision of adequate medical services for plantation workers and members of their families.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would continue providing general information on the application of the Convention in practice, including, for example: (i) official studies on the social and economic conditions prevailing on plantations; (ii) statistical information on the number of undertakings and workers covered by the Convention; (iii) copies of collective agreements applicable to this sector; and (iv) the number of employers’ and workers’ organizations in the sector, as well as any other information allowing the Committee to ascertain the extent to which plantation workers enjoy living and working conditions that are in conformity with the provisions of the Convention. Finally, it requests the Government to provide information on the importance of the plantation sector for the national economy, in particular in terms of its contribution to the gross domestic product, exports or the active population employed in this sector.