Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 1) sur la durée du travail (industrie), 1919 - Guatemala (Ratification: 1988)

The Committee notes the Government's report and the information provided in reply to its previous direct request. The Committee's previous comments concerned in particular section 122 of the Labour Code, which provided that a working day including overtime could not exceed 12 hours. Noting that the Labour Code, as amended in 1995, reproduces this same provision, the Committee recalls once again that the exceptions envisaged by Article 6 of the Convention must remain within reasonable limits, and the authorization of up to four overtime hours a day without other guarantees, such as for example a monthly or an annual limit, considerably exceeds the exceptions authorized by the Convention and is resolutely contrary to the spirit in which it was drawn up. The Government states in its report that it envisages giving effect to the Committee's comments by taking the necessary measures to determine, after consultation with the representative organizations of employers and workers, the circumstances in which overtime hours may be worked and the maximum number of overtime hours which may be authorized in each case. The Committee hopes that such measures will be adopted in the near future and requests the Government to keep the ILO informed of any progress achieved in this respect.