Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

Convention (n° 138) sur l'âge minimum, 1973 - Guatemala (Ratification: 1990)

Article 3, paragraph 1, of the Convention. Age of 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. It noted that the Labour Code does not contain a definition of 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. The Committee noted that a draft reform of the Labour Code had been submitted to the legislative authority for adoption and that it prohibited the engagement of minors under 18 years of age in hazardous work. The Committee notes the information provided by the Government that the Tripartite Commission on International Labour Affairs has decided to reactivate the Tripartite Subcommission on Judicial Reforms, which will examine the Office’s proposals during the reform of the Labour Code. The Committee notes with interest 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 [hereinafter, the 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 once again hopes that the draft reform of the Labour Code will be adopted in the near future so as to bring section 148(a) of the Labour Code into conformity with the provisions of the national legislation, including section 32 of the Regulations on the protection of children and young persons at work, and Article 3, paragraph 1, of the Convention. It requests the Government to provide information on any progress achieved in this respect.

Article 6. Apprenticeship. Age of admission to apprenticeship. In its previous comments, the Committee noted that section 171 of the Labour Code does not establish a minimum age for admission to apprenticeship. It also noted that, by virtue of section 150 of the Labour Code, the General Labour Inspectorate can issue written authorization for normal daily work by minors under 14 years of age. This authorization must state that the minor will be working as an apprentice. In this respect, the Government indicated that the Special Labour Inspection Unit secures the application of Article 6 of the Convention by ensuring that no minor under 14 years of age is party to an apprenticeship contract. The Committee requested the Government to provide information on the Special Labour Inspection Unit, and particularly on the manner in which the Unit ensures in practice that no minor under 14 years of age is party to an apprenticeship contract and on the number of written authorizations granted to minors, with an indication of their age and working conditions.

The Committee notes the information provided by the Government that, during the course of 2005, a total of 49 authorizations were issued for minors aged 14 years and that, up to 13 July 2006, eight authorizations had been issued. It also notes the Government’s indication that the Technical Institute for Training and Productivity (INTECAP), in accordance with section 6(3) of the Organic Act on the Technical Institute for Training and Productivity, shall organize activities for the apprenticeship of minors under 18 years of age but over 14 years. The Committee notes that sections 24 to 26 of the Regulations on the protection of children and young persons at work establish the conditions for apprenticeship. Under the terms of section 25 of the Regulations on the protection of children and young persons at work, apprenticeship is authorized for young persons, provided that it facilitates practical training in a craft, occupation or trade and does not constitute an obstacle to the education and recreation of the young person. By virtue of section 2 of Decree No. 27-2003 issuing the Act on the integral protection of children and young persons [hereinafter, the Act on the integral protection of children and young persons], the term young person is defined as any person from the age of 13 until reaching the age of 18 years. The Committee observes that a government reading of section 24 of the Regulations on the protection of children and young persons at work and section 2 of the Act on the integral protection of children and young persons leads to the inference that the age of admission to apprenticeship is 13 years, whereas section 150 of the Labour Code sets the age at 14 years. It therefore observes that the national legislation respecting apprenticeship, namely the Labour Code, the Regulations on the protection of children and young persons at work and the Act on the integral protection of children and young persons are not in harmony. The Committee therefore requests the Government to take the necessary measures to harmonize the various provisions of the national legislation concerning apprenticeship by providing that the age of admission to apprenticeship is 14 years, in accordance with Article 6 of the Convention.

Article 7. Light work. The Committee noted previously that, under section 150 of the Labour Code, the General Labour Inspectorate can give written authorization for normal daily work by minors under 14 years of age. This authorization must state: (a) that the minor will be working as an apprentice, or is required to contribute to the family finances owing to the extreme poverty of his or her parents or guardians; (b) that the work involved is light work, the duration and intensity of which are compatible with the physical, mental and moral well-being of the minor; and (c) that in any event school attendance requirements are met. The Government indicated that the types of light work had not been determined, but that the General Labour Inspectorate scrutinizes every application for authorization for work by a minor under 14 years of age. The purpose of this scrutiny is to establish that the work to be performed by the minor under 14 years of age will not endanger his or her health or safety. The authorization is only granted in very special cases and subject to proof that the minor is attending school and that the work is necessary for the family finances. The Government added that, following tripartite consultations, the age for admission to light work in Guatemala is 12 years, in accordance with Article 7, paragraph 4, of the Convention. The Committee requested the Government to provide information on the number of written authorizations issued by the General Labour Inspectorate. It also requested the Government to indicate the types of light work for which authorizations have been granted.

In its report, the Government indicates that, at the regional meeting of Region VIII of the General Labour Inspectorate, no authorizations for work by minors aged 12 years were submitted. While noting the information provided by the Government, the Committee observes that the country is divided into seven regions. In view of the high number of children under the age of 14 years who work in the country, the Committee once again requests the Government to provide information on the number of written authorizations issued by the General Labour Inspectorate. Furthermore, noting the absence of such information in the Government’s report, it requests it to indicate the types of light work for which authorizations have been granted.