Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Minimum Age Convention, 1973 (No. 138) - Guatemala (Ratification: 1990)

Other comments on C138

Observation

Direct Request

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Article 2(1) and (3) of the Convention. Minimum age for admission to employment. In its previous comments, the Committee noted that, according to the Government’s report on the application of the Maximum Weight Convention, 1967 (No. 127), section 7 of Government Decision No. 885 of the Board of the Guatemalan Social Security Institute of 26 March 1990 provides that boys and girls aged over 13 years may be engaged in lifting, carrying or moving loads appropriate to their age, on condition that such work is not prejudicial to their health and does not compromise their health and/or safety. The Committee requested the Government to specify whether Government Decision No. 885 was still in force and to provide information on its application in practice.

The Committee notes the information contained in the Government’s report that the Guatemalan Social Security Institute (IGSS), in message No. 115 of 6 February 2018, indicates that Government Decision No. 885 is not governmental in nature, as it is a decision of the Administrative Board of the IGSS, dated 27 February 1990, and that it is still in force. The IGSS indicates that it bases its action on compliance with the Labour Code, the Occupational Safety and Health Regulations, Government Decision No. 229-2014 and the amendments made to Government Decision No. 33-2016, as well as the decisions of its Administrative Board, adopting criteria which are to the greatest benefit of citizens. Recalling once again that the Labour Code and the Act on the comprehensive protection of children and young persons of 2003 prohibit work by young persons under 14 years of age in any activity, including the informal economy, the Committee requests the Government to take the necessary measures to bring Government Decision No. 855 of the Guatemalan Social Security Institute into conformity with the Labour Code and the Act on the comprehensive protection of children in terms of the minimum age authorized.

Article 3(1). Minimum age for admission to hazardous types of work. In its previous comments, the Committee noted the lack of information provided by the Government concerning section 4 of the draft reform of the Labour Code (Initiative No. 4205) envisaging the amendment of section 148(a) so as to prohibit the engagement of young persons under 18 years of age in the various types of hazardous work, with a view to harmonizing the minimum age for admission to hazardous types of work in Government legislation. The Committee once again requested the Government to take the necessary measures to bring the provisions of the Labour Code into harmony with Decision No. 112-2006 and Decision No. 250 2006, which prohibit work by children and young persons under 18 years of age in the various types of work as soon as possible.

The Committee notes, from the Government’s report, the process of the amendment of the Labour Code with a view to harmonizing the legislative texts on the minimum age for admission to hazardous types of work, through the legislative initiative on harmonization intended to prevent and eliminate child labour in Guatemala, which was submitted to the leadership of the Congress of the Republic of Guatemala on 2 June 2014 as Act No. 4849. Since then, the legislative initiative has followed several stages: it had a first reading in 2014, following which the representatives of employers and workers were invited to discuss and provide their recommendations on the legislative initiative to the representatives of each ministry, the representatives of global trade unions, the Ministry of Public Health and the NGO Save the Children, as well as national municipal associations. Finally, in 2018, the issue was raised in the ordinary meetings of the Tripartite Committee on International Labour Affairs and in the meeting of the National Tripartite Commission on Labour Relations and Freedom of Association. The Committee therefore once again requests the Government to continue taking the necessary measures with a view to bringing the provisions of the Labour Code into harmony with Decision No. 112-2006, Decision No. 250-2006 and the Proclamation of the labour inspection services as soon as possible. It once again requests the Government to provide information on the progress achieved in this respect.

Article 6. Apprenticeship. Age of admission to apprenticeship. In its previous comments, the Committee noted that the Government had not provided information concerning the fact that section 171 of the Labour Code did not determine the age for admission to apprenticeship and that a joint reading of section 24 of the Regulations on the protection of children and young persons at work and section 2 of Decree No. 27-2003 issuing the Act on the comprehensive protection of children and young persons allows the inference that the age of admission to apprenticeship is 13 years. The Committee also noted that the Tripartite Committee on International Labour Affairs had commenced a review of national labour legislation and that the issue of the minimum age for admission to apprenticeship would be brought to its attention. The Committee requested the Government to take the necessary measures to bring the provisions of the national legislation into compliance with Article 6 of the Convention by setting a minimum age for admission to apprenticeship of 14 years.

The Committee notes, from Annex 14 of the Government’s report, that the process of the amendment of sections 170, 170 bis, 171, 171 bis, 172, 173, 174 and 174 bis of the Labour Code, commenced in 2010, is continuing in 2018. The Committee once again urges the Government to take the necessary measures to bring the provisions of the national legislation into compliance with Article 6 of the Convention by setting a minimum age for admission to apprenticeship of 14 years. It requests the Government to provide information on the progress achieved in this regard.