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The Committee notes the Government’s report and the comments on the application of the Convention from the Trade Union of Workers of Guatemala (UNSITRAGUA).

The Committee recalls that in its previous comments it asked the Government to send its observations on the comments made by UNSITRAGUA, which claim that the general rule in the public sector has been to refuse to engage in collective bargaining, to use delaying tactics or to fail to implement the budget estimates which are necessary for carrying out negotiations. According to UNSITRAGUA, another practice consists of forming bargaining committees ad referendum which refer the results of negotiations to the higher authority, which simply fails to approve what has been negotiated, thereby making it necessary for negotiations to begin again.

The Committee notes the Government’s statement that the legal provisions which apply to collective bargaining are observed; that the budget estimates are regulated and must be taken into account in negotiations, so that the necessary resources are made available and in order to comply with the regulations; and that the bargaining committees ad referendum are regulated by law. The Government adds that the Government’s policy of providing all necessary facilities so that workers can bargain collectively with all the relevant state departments is implemented through the Ministry of Labour and Social Welfare. The Committee observes that the Government attaches a list of 20 collective agreements signed in 2007, 29 in 2008 and 24 between January and July 2009, including collective agreements concluded with the judiciary, the Ministry of Health and other public institutions. The Committee emphasizes that the organization which sent the comments only refers to one specific case in which a collective agreement was signed.

With regard to the allegation concerning the denial of trade union rights to staff holding special civil contracts in various public institutions of the State, the Committee notes that, according to the reports of ILO technical assistance missions, the Supreme Court has declared that unions may be formed, even though this decision has not been publicized. The Committee requests the Government to issue an explanatory memorandum or circular urging the labour inspectorate to ensure the observance of the rights to organize and collective bargaining of these workers.