Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

The Committee notes the Government’s detailed report for the period ending on 1 September 2006, containing information in reply to its previous comments, particularly with regard to the comments made by the Trade Union Confederation of Guatemala (UNSITRAGUA) in October 2002 and August 2004, and also by the National Federation of State Workers’ Unions of Guatemala (FENASTEG) in October 2002. The Committee also notes the documents attached as appendices to the report.

1. Articles 8 and 20(a) of the Convention. Need to improve the conditions of service of labour inspectors with a view to respecting the professional code of ethics. Since this issue also concerns the application of Convention No. 81, the Committee invites the Government to refer to its comments under Articles 6 and 15(a) of this Convention.

2. Articles 15 and 16, paragraph 1(c)(iii). Reinforcing technical investigation equipment and instruments for inspectors in agriculture. The Committee notes that, in reply to the comments from UNSITRAGUA concerning the lack of suitable equipment for taking and analysing samples of products handled in agricultural undertakings, the Government states that labour inspectors have the support of the Social Security Institute for this purpose, and this, it claims, remedies the deficiencies of the labour inspectorate in this field. The Committee requests the Government to indicate: (i) the practical arrangements for this cooperation, i.e. indicate the geographical distribution of the competent structures of the Social Security Institute; (ii) by whom and by what means samples of products, chemicals or pesticides handled and used in agricultural undertakings are taken; (iii) within what deadlines and in what manner the inspectors concerned are notified of the results of the analyses undertaken; (iv) whether the Social Security Institute makes relevant recommendations in cases of reported irregularities which might constitute a danger for workers; and (v) if applicable, the measures taken by the labour inspectorate as follow-up. The Government is also requested to send copies of any relevant documents.

3. Article 9. Suitable training for labour inspectors in agriculture. Improvement of technical skills. Since UNSITRAGUA considers that inspectors also lack the necessary training to exercise their powers in the field of technical and scientific investigations, the Government has supplied information of a general nature on the training of labour inspectors as a whole. The Committee notes this information, but considers that efforts should be made to improve the particular skills necessary for inspecting conditions of work in agriculture which expose workers, their family members and the environment to specific risks. Recent information has highlighted the adverse effects on both workers and the general public of products used for treatment in banana plantations in certain countries. It is important that the labour inspectorate, which has free access to agricultural undertakings and which has legal powers with respect to the control of products and substances, should be able to play its role fully in this regard. The Committee therefore requests the Government to take measures as quickly as possible to provide labour inspectors in agriculture with adequate skills and to keep the Office informed.

4. Improvement of means of communication for labour inspectors in relation to indigenous peoples. With regard to the issue raised by UNSITRAGUA concerning inspectors’ lack of knowledge not only of the languages but also of the customs of indigenous peoples and the resulting difficulties of communication for the performance of their duties in the agricultural undertakings of the regions concerned, the Committee notes with satisfaction that, following the reduction in the language training programmes of the Mayan Languages Academy which were launched for officials in 2004, an agreement has been reached with the authorities of the Kaqchikel linguistic community for the provision of this teaching and the teaching of other important aspects of Mayan culture. Some regional offices now have staff who speak the language of their area of activity and three-year postgraduate study programmes were launched in 2006 for officials of the Ministry of Labour. Moreover, in conformity with Decree No. 19-2003, the Ministry of Labour added to the job descriptions of various labour inspection posts the requirement of sufficient linguistic competence to be able to communicate with the populations of the areas in which they are required to perform their duties. These skills are taken into account for transfers and promotions.

5. Articles 18, 22, 23 and 24. Role of labour inspectors in agriculture in the prosecution and sanction of contraventions. Referring also to its comments under Convention No. 81 (Articles 13, 17 and 18), the Committee would be grateful if the Government would indicate the manner in which effect is given to the abovementioned provisions of the Convention to encourage agricultural employers to observe the legal provisions relating to conditions of work and the protection of workers.

6. Conditions of work in agricultural undertakings producing for multinational agri-food enterprises. In its previous comments, the Committee noted the information supplied by UNSITRAGUA to the effect that the legal provisions on the length of the working day did not apply in the abovementioned enterprises. The organization referred to conditions of work which resembled forced labour, with overtime imposed on workers to reach production targets not being paid. According to UNSITRAGUA, the Ministry of Labour has given full latitude to the employers concerned, in the context of collective bargaining, to exempt piecework from the scope of the legislation concerning overtime and the labour inspectorate refused, by resolution LPR/ahd 6133-2002 of 25 July 2002, to express an opinion on the matter. The complaint UNSITRAGUA filed against this resolution with the Ministry of Labour and Social Welfare on 19 September 2002 had no effect, and forced labour continues to be practised with impunity, meeting with indifference on the part of the labour inspection services. In its comments of 2004, UNSITRAGUA pointed out that the Ministry of Labour neither ordered nor even planned to order an investigation into the cases it referred to.

According to the Government, contrary to the allegations made by UNSITRAGUA, a committee composed of a labour inspector and a deputy labour inspector was established to deal with disputes in banana plantations. It also points out that the trade unions of the undertakings concerned have been negotiating a collective agreement on conditions of work for three years, with the support of the UNSITRAGUA legal department and with action on the part of the deputy labour inspector. The form of remuneration has been negotiated by the parties. Under section 88 of the Labour Code, remuneration can be according to unit of time, by item or according to participation in profits, etc. According to the Government, working hours in excess of eight hours during the day, seven hours in a combined period and six hours at night are duly paid. It considers that the allegation of forced labour is therefore unfounded. The Committee would be grateful if the Government would ensure that inspection visits are as frequent as possible in all enterprises where conditions of work contrary to the national legislation are suspected and supply all relevant information and copies of collective agreements concluded in undertakings which produce for multinational enterprises in the agri-food sector.

The Committee is raising a number of other matters in a direct request to the Government.