Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Employment Policy Convention, 1964 (No. 122) - Guatemala (Ratification: 1988)

Articles 1 and 2 of the Convention. Coordination of employment policy with poverty reduction. The Committee notes the detailed information provided by the Government in its report received for the period ending September 2009. The Government includes the General Employment Plan for the period 2008–09, which aims to develop the country’s productive potential. The Government indicates in its report that in this time of global crisis, the Government’s efforts are geared towards achieving sustainable development based on decent work. In January 2009, the National Emergency and Economic Recovery Programme (PNERE) was launched to mitigate the negative effects of the crisis, which provides for the creation of jobs in both the public and private sectors through the construction of road infrastructure, health centres, hospitals and schools and the promotion of national and foreign investment. The Government’s priority sectoral policies are those concerning energy, rural development, housing and micro credit. The Committee requests the Government to include information in its next report concerning the impact that the General Employment Plan 2008–09 and the PNERE have had in terms of creating productive and sustainable employment.

The Committee notes that, according to data from the Economic Commission of Latin America and the Caribbean (ECLAC), the country’s GDP grew by 4 per cent in 2008, compared to 6.3 per cent in 2007. According to the Government, the unemployment rate stood at 5.67 per cent in 2008, with 421,451 persons unemployed and the highest unemployment rates found in the municipalities of Guatemala, Huehuetenango and San Marcos. Furthermore, according to the 2009 Labour Overview, as a result of the economic crisis, 2008 saw a drop in family remittances, which totalled an amount equivalent to 11.3 per cent of the GDP. Furthermore, the reduction in exports had a negative impact on employment. In its General Survey of 2010 concerning employment instruments, the Committee noted that the Government was attempting to estimate the impact of the Central America Free Trade Agreement (CAFTA) on employment. Some workers’ organizations had expressed concern that the CAFTA would result in heavy job losses, especially in agriculture and small and medium-sized enterprises, in the first year of its implementation (see paragraph 32 of the General Survey of 2010). The Committee requests the Government to include information in its next report on the impact that the trade policy has had in terms of meeting employment demand.

Article 3. Strengthening of labour market institutions. Participation of the social partners. The Government reports the creation of the National Employment System to establish active job creation policies. The Government also indicates that the design and formulation of the National Employment System has been the subject of tripartite validation. The Committee refers to its request concerning the application of the Employment Service Convention, 1948 (No. 88), in which it expressed its interest in receiving further information on the manner in which the social partners cooperate in the activities of the public employment service. In this regard, the Committee once again refers to its 2010 General Survey, in which it emphasized that social dialogue is essential in normal times and becomes even more so in times of crisis. The employment instruments require member States to promote and engage in genuine tripartite consultations (see paragraph 794 of the General Survey of 2010). The Committee requests the Government to indicate the manner in which the social partners participated in the design, implementation and evaluation of employment policies to combat the negative effects of the crisis. The Committee requests the Government to include information on the consultations required by the Convention with all sectors concerned, such as representatives of the rural sector, informal economy and workers affected by the drop in exports.

Article 2. Collection and use of information on the labour market. The Committee notes the reactivation of the Labour Market Observatory. In the context of the PNERE, a survey of the employment situation at the national level will be carried out every three months for the purpose of monitoring labour market conditions and identifying productive sectors and geographical areas which require additional stimulus measures to protect jobs. The Ministry of Labour and Social Security’s Operational Plan for 2009 provided for the promotion of projects and programmes to assist the most vulnerable sectors, such as young persons, women, older persons and persons with disabilities, to facilitate their integration into the labour market. Despite the increase in the participation of women in the labour market, according to the 2009 Labour Overview, the rate of active participation among women continues to be significantly lower than among men and stands at 45.2 per cent compared to 82.5 per cent among men. Furthermore, the overall illiteracy rate among persons aged 15 years and over stands at 25.2 per cent, while the rate among females is 32.1 per cent and the rate among males is 18.3 per cent. The Committee requests the Government to include up-to-date information in its next report concerning the labour market situation, levels and trends so that it can determine the impact that the new measures adopted have had in terms of promoting the employment of the most vulnerable sectors (women, young persons, older workers, rural workers and workers in the informal economy). With regard to workers with disabilities, the Committee refers to its request concerning the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159).

Coordination of education and training policy with employment opportunities. The Government indicates in its report that employers are responsible for expressing their specific needs for the purpose of creating vocational training mechanisms, according to the specific needs of the labour market. Employers are more aware of what training is required to incorporate workers into the productive sector and they express those needs in the context of the activities of the National Employment System. In its General Survey of 2010, the Committee emphasized the increasingly important role of the social partners and training institutions in defining human resources development strategies. The Committee requests the Government to indicate in its next report the manner in which the representatives of workers and employers have contributed to developing vocational training mechanisms. The Committee also requests the Government to provide information on the impact of the plans and programmes of the Ministry of Education and the Technical Institute for Training and Productivity (INTECAP), as well as those implemented by the National Employment System, in terms of ensuring that qualified persons are able to “use their skills and endowments in a job for which they are well suited” (Article 1(2)(c) of the Convention).