Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Hours of Work (Industry) Convention, 1919 (No. 1) - Guatemala (Ratification: 1988)

Other comments on C001

Observation

Direct Request

2014
1993
1992
1991

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The Committee notes the observations from the Trade Union of Plant and Well Operators and Guards of the Municipal Water Company and Allied Workers (SITOPGEMA) and the General Confederation of Workers of Guatemala (CGTG), which were received on 13 March 2014 and 1 September 2014, respectively.

Articles 2 and 6 of the Convention. Work in excess of normal hours of work. Overtime hours. In its previous comment, the Committee had noted that the CGTG and the Guatemalan Trade Union, Indigenous and Campesino Movement (MSICG) alleged excessive hours of work and non-payment of overtime in the maquila (export processing), transport and private security sectors. The Committee notes the information in the Government’s report on labour inspection operations carried out in the maquila industry in 2013 and 2014, as a result of which 636 new cases of labour rights violations in the industry were referred to the labour inspectorate in 2014, which have to go through all the administrative channels. Furthermore, the Committee notes the Government’s list of 1,801 pending cases brought before the first-instance labour courts of the Department of Guatemala between 2012 and June 2014, and also the list of pending cases brought before the first-instance courts of the Republic of Guatemala between 2012 and June 2014; both lists relate to enterprises in the maquila, transport and private security sectors. While noting this information, the Committee observes that the CGTG reiterates its allegation that violations relating to hours of work and the payment of overtime in the maquila sector are continuing. The Committee requests the Government to send its observations on this matter and to continue taking steps to give full effect to the Convention.

In addition, the Committee recalls that it previously asked the Government to send detailed information on the execution of the court ruling ordering the retroactive payment of overtime worked by the employees of the Municipal Water Company of Guatemala City (EMPAGUA). The Committee notes the Government’s statement that the Fifth Labour and Social Security Court handed down a decision on 16 June 2014 instructing the Auxiliary Services Centre of the judiciary to take action, with a view to providing information on the follow-up to the payment order, and that the court is currently waiting for SITOPGEMA to send a document accrediting the decision-making status of the new members of the SITOPGEMA executive committee. The Committee hopes that the final settlement of all the amounts due to the EMPAGUA workers will take place soon and requests the Government to keep it informed of any new developments in this respect.