Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s reports, the partial replies to its previous comments, the attached documents and the text of Decree No. 18-2001 amending the Labour Code. It also notes the communication by the Government on 19 September 2002 of the observations made by the National Federation of State Workers’ Unions (FENASTEG) and the Trade Union Confederation of Guatemala (UNSITRAGUA) concerning the application of the Convention. The Committee notes that the Government do not reply to the points raised by these observations.

According to FENASTEG, the public administration interferes in the functions of labour inspectors. Furthermore, inspectors are not assured of stability of employment and do not have at their disposal the necessary resources and materials for the performance of their duties. It deplores the failure to comply with procedures for the application of the penalties imposed for infringements of legal provisions, and the exclusion from the scope of labour inspection of conflicts between State employees and their employers.

In the view of UNSITRAGUA, labour inspectors should not be confined to the sole function of supervision and taking action in the event of infringements and should also discharge the functions of mediation and the education of employers. It adds that the means of transport available to labour inspectors are inadequate and their expenses for professional travel are not reimbursed. Considering the remuneration of labour inspectors as being inadequate and describing as forced labour the performance by the latter of their work without pay outside normal working hours, the trade union has also made observations along the same lines concerning the application by the Government of Conventions Nos. 29 and 105 on forced labour. Finally, according to the trade union, the labour inspectorate does not have the capacity to protect workers making complaints against any reprisals.

Noting the Government’s indication of the existence of procedures for the payment of additional hours carried out by labour inspectors, the Committee would be grateful if it would provide a copy of any text and of any relevant documents or forms.

The Government is also requested to provide additional information on the manner in which effect is given in law and practice to Articles 6, 11 and 15 of the Convention concerning, respectively, the status and conditions of service of labour inspectors, the arrangements for the use of transport facilities and the reimbursement of travelling expenses for labour inspectors and; finally, the obligation of confidentiality with regard to the source of any complaint bringing to their notice a defect or breach of legal provisions.

Articles 5 and 18 of the Convention. The Committee notes with interest the new provisions introduced by Decree No. 18 of May 2001 amending sections 269 et seq. of the Labour Code establishing procedures for the imposition of penalties with a view to ensuring that they are effectively applied in cases of infringements that are duly reported by labour inspectors. Noting that these provisions usefully supplement section 281(c) of the Labour Code, under which labour inspectors are authorized to have recourse to public forces to bring to an end any resistance preventing them from discharging their functions, the Committee requests the Government to provide information on the application of this procedure in practice and on the progress achieved in the application of the legal provisions enforceable by labour inspectors.

The Committee is addressing a request directly to the Government on other matters.