Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Article 2(1) and (3) of the Convention. Minimum age for admission to employment. The Committee noted previously, according to the Government’s report on the application of the Maximum Weight Convention, 1967 (No. 127), that section 7 of Government Agreement No. 885 of the Board of the Social Security Institute of 26 March 1990 provides that boys and girls aged over 13 years may be engaged to lift, carry or move loads appropriate to their age, on condition that this is not detrimental to their health and does not compromise their health and/or safety. Noting that the Government’s report does not contain any information on this subject, and considering that section 148(e) of the Labour Code prohibits any type of work or employment by children under 14 years of age, the Committee once again requests the Government to specify whether Government Agreement No. 885 is still in force and to provide information on its application in practice.

Article 3(1). Minimum age for admission to hazardous work. In its previous comments, the Committee noted that section 148(a) of the Labour Code prohibits work by minors in unhealthy and dangerous workplaces. However, it observed that the Labour Code does not define the term “minor” and that it is therefore impossible to determine the minimum age from which a minor may be admitted to perform hazardous work. In this regard, the Government indicated that section 4 of the draft reform of the Labour Code (Initiative No. 4205) envisages the amendment of section 148(a) so as to prohibit the engagement of young persons under 18 years of age in various types of hazardous work. The Committee also noted that section 32 of Government Agreement No. 112-2006 of 7 March 2006 issuing regulations on the protection of children and young persons at work prohibits work by children and young persons under 18 years of age in various types of hazardous work.

The Committee notes that the Government’s report does not contain any information concerning the draft reform of the Labour Code. The Committee therefore once again requests the Government to take the necessary measures to bring the provisions of the Labour Code into conformity with Agreement No. 112-2006, Agreement No. 250-2006 and the Labour Inspection Proclamation as soon as possible. It once again requests the Government to provide information on the progress achieved in this regard.

Article 6. Apprenticeship. Age of admission to apprenticeship. The Committee noted previously that section 171 of the Labour Code does not specify the minimum age for admission to apprenticeship. It also noted that, under the terms of section 150 of the Labour Code, the general labour inspectorate may issue a written authorization allowing daily work by minors under 14 years of age, and that the authorization must state that the minor will be working as an apprentice. The Committee emphasized 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 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. Finally, the Government indicated that the Special Labour Inspectors Unit provides the basis for the application of Article 6 of the Convention by providing that no minor under 14 years of age may be party to an apprenticeship contract.

The Committee notes that the Government’s report does not contain any new information concerning the revision of the national labour legislation with regard to the issue of the minimum age for admission to apprenticeship. The Committee once again urges the Government to take the necessary measures to bring the provisions of the national legislation into conformity with Article 6 of the Convention by setting the minimum age for admission to apprenticeship at 14 years. It requests the Government to provide information on the progress achieved in this regard.

The Committee requests the Government to take into consideration its comments concerning the discrepancies between the national legislation and the Convention and invites it to examine the possibility of ILO technical assistance to help it bring the legislation into conformity with the Convention. In this regard, the Committee welcomes the ILO project financed by the Directorate-General for Trade of the European Commission to support beneficiary countries of the European Union Generalized System of Preferences (GSP+) to implement international labour standards effectively, which targets four countries, including Guatemala.