Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection Convention, 1947 (No. 81) - Guatemala (Ratification: 1952)

Other comments on C081

Observation

Direct Request

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Referring to its observation, the Committee wishes to raise the following additional points.

Articles 6 and 15(a) of the Convention. Conditions of service and code of conduct for labour inspectors. In relation to the Committee’s previous comments on the drawing up of draft regulations both for the Ministry of Labour and Social Welfare (MTPS) and the general labour inspectorate and the reclassification of posts and salaries, the Government indicates that this reclassification and the awarding of competitive, up-to-date salaries to the staff of the Ministry improved their performance. The Committee asks the Government to clarify the conditions of service for labour inspectors, following the agreement signed on 3 July 2013 concerning conditions of service at the MTPS, and to provide a comparison with officials in the same category who perform similar duties, for example in the tax administration.

Articles 5(a), 12(1)(a) and 18. Cooperation between the inspection services and the police regarding the free access of labour inspectors to workplaces liable to inspection; penalties for obstructing labour inspectors in the course of their duties. As regards the measures taken or contemplated to raise the awareness of the police concerning the importance of collaboration with the labour inspectorate with a view to ensuring access for labour inspectors to workplaces liable to inspection and guaranteeing their protection when their lives or safety are at risk in the course of their duties, the Committee notes that the inter-institutional agreement on procedures to follow in the event of resistance to the work of labour inspectors, signed between the Ministry of the Interior and the MTPS. The Committee notes with interest the tables of data relating to the training workshops given to National Civil Police (PNC) members concerning the assistance to be given to labour inspectors, and also the copy of the inspection records attesting the presence of PNC members in support of labour inspectors. The Committee requests the Government to continue providing information on the abovementioned cooperation, including on its impact in the event of obstruction of labour inspectors in the course of their duties, and on the penalties imposed on persons who are guilty of obstruction.

Articles 11 and 16. Financial and material resources of labour inspection and coverage of inspection needs. With regard to the Committee’s previous comments concerning a review of the material needs of the inspectorate aimed at determining an appropriate budget for its effective operation, the Government indicates that the inspectorate needs, particularly in departmental directorates, up to date computing equipment, scanners, new furniture and Internet connections. The Committee requests the Government to provide information on the measures taken to meet the material needs of the departmental directorates, and also to reinforce the labour inspectorate’s transport facilities.

Article 18. Adequate penalties. The Committee requests that the Government indicate the measures taken to ensure the deterrent effect of the penalties established for violations of the legal provisions enforceable by labour inspectors and for obstruction of inspectors in the course of their duties.