Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Guatemala (Ratification: 1952)

Other comments on C095

Observation

2012
1987

Direct Request

Replies received to the issues raised in a direct request which do not give rise to further comments

2019

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Articles 1 and 3 of the Convention. Scope – Definition of wages – Method of payment. The Committee notes the observations made by the Indigenous and Rural Workers Trade Union Movement of Guatemala (MSICG) in a communication of 31 August 2012 on the application of the Convention. In its observations, the MSICG alleges widespread hiring practices that consist, among other things, of disguising an employment relationship as a commercial relationship, under which workers are required to submit invoices so that their remuneration can be treated as a professional fee and not as a wage. According to the MSICG, the safeguards provided in labour law do not apply to commercial relationships. Furthermore, the filing of a wage claim or other complaint can lead to immediate termination of the relationship, and judicial proceedings cannot ensure the protection of workers’ rights in such circumstances.

Referring to the application of the statutory safeguards concerning wage attachment, the MSICG points out the consequences of wages being paid not in cash or by bank cheque or the equivalent, but by bank transfer. Since these bank deposits are not recorded as wage payments, the total amount of the wage may be attached unless the worker proves to the court that the deposits in his/her account correspond to wage payments. Furthermore, according to the MSICG, in most cases, the worker receives neither a statement showing the date of the deposit nor a payslip showing the wage and any deductions, and the General Labour Inspectorate does not check that these documents are sent to the workers. In its observations, the MSICG also asserts that the Government is devising practices whereby the amounts made over to workers in exchange for their labour need not be recorded as wages, which has implications for the calculation of other benefits based on the wage, such as social security benefits and compensation. Lastly, the MSICG asserts that the Government has taken no measures to bring the legislation into line with the Convention on the points the Committee raised in its previous direct request concerning, in particular, the payment of wages in the form of promissory notes or vouchers, and the partial payment of wages in kind. The Committee requests the Government to provide any comments it may wish to make in response to the MSICG’s observations.