Observación (CEACR) - Adopción: 2013, Publicación: 103ª reunión CIT (2014)

Convenio sobre las horas de trabajo (industria), 1919 (núm. 1) - Guatemala (Ratificación : 1988)

Articles 2 and 6 of the Convention. Work in excess of normal hours of work. Overtime hours. The Committee notes the Government’s explanations in response to the comments made previously by the Indigenous and Rural Workers’ Trade Union Movement of Guatemala (MSICG) concerning excessive hours of work in the maquila (export processing) sector. The Government indicates that, under sections 59 and 60 of the Labour Code, the internal work rules of every enterprise must include, amongst others, detailed particulars on working time. The Government adds that all internal work rules need to be previously approved by the labour inspectorate and such approval is denied when regulations are not in conformity with article 102(g) of the Constitution establishing limits to hours of work. The Committee notes that, according to information supplied by the Government, there have been very few cases of non-compliance with working time legislation in the maquila industry confirmed by court decisions in 2012–13, while a number of cases are still pending. The Committee notes, in this connection, the communication of the General Confederation of Workers of Guatemala (CGTG), received on 30 August 2013 and transmitted to the Government on 18 September 2013, which lists more than a dozen maquila enterprises which allegedly require their employees to work more than eight hours per day without overtime pay. The CGTG also refers to similar problems observed in the transport sector and in private security enterprises. Given the seriousness and extent of the alleged infringements, which are similar to those on which the Committee has been commenting under the Forced Labour Convention, 1930 (No. 29), the Committee asks the Government to continue to provide information on the manner in which the application of the Convention is enforced in the maquila sector, including labour inspection results, copies of relevant court decisions and a list of cases still pending identifying the number of workers involved for each pending case. The Committee also requests the Government to provide any comments it may wish to make in response to the observations of the CGTG.

In addition, the Committee notes the information provided by the Government concerning the latest developments in the case brought before the courts by the Trade Union of Workers of Operators of Plants, Wells and Guards of the Municipal Water Company (SITOPGEMA) with respect to the failure of the Municipal Water Company of Guatemala City (EMPAGUA) to pay its employees for long overtime hours. The Government confirms that both the Supreme Court, in its decision of 18 September 2009, and the Constitutional Court in its decision of 28 July 2011 have upheld the decision of the Court of Appeal in favour of the SITOPGEMA and therefore the decision for the retroactive payment of overtime hours worked should now be properly executed. The Committee accordingly requests the Government to provide in its next report detailed information on the final settlement of all the amounts due to the workers of EMPAGUA.

[The Government is asked to reply in detail to the present comments in 2014.]