Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Part-Time Work Convention, 1994 (No. 175) - Guatemala (Ratification: 2017)

Articles 1–10 of the Convention. Protection for part-time workers. The Committee notes the Government’s first report received in 2019 as well as the supplementary information provided in 2020 in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It also takes note of the observations from the Autonomous Popular Trade Union Movement and the Global Unions of Guatemala, received on 5 November 2019 and 16 October 2020, and the Government’s reply to these observations, as well as the observations from the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF) and the International Organisation of Employers (IOE), received on 1 October 2020.

The Committee notes: (i) the adoption of the Regulations on Convention No. 175 in 2019 (Governmental Agreement 89-2019) with a view to ensure the effective application of the Convention; (ii) the decision of the Constitutional Court of 26 September 2019, suspending the application of various provisions of the Regulations pending the adoption of its final ruling on the matter; and (iii) the three legislative initiatives before Parliament concerning the application of the Convention: initiative 5477 (Act regulating Convention No. 175), initiative 5626 (Act implementing Convention No. 175) and initiative 5778 (amendments to the Labour Code).

Furthermore, the Committee notes, from the information provided by the Government and the social partners, that there is a debate between them at the national level on the question of part-time work and the application of the Convention. The Committee hopes that solutions to this debate can be found through social dialogue, including in the National Tripartite Committee on Labour Relations and Freedom of Association. The Committee requests the Government to provide information on the evolution of this debate, as well as on any measures adopted regarding the application of the Convention, including in relation to the above-mentioned legislative initiatives, and on the results of the ongoing constitutional procedure.