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Part IV. Wages. Advances on the remuneration of workers. In reply to a direct request made in 2008, the Government sent a list in September 2009 of collective agreements/accords approved between August 2008 and July 2009. The Government also attached to its report the decisions approving nine collective agreements. Consequently, the Committee has not been able to note the content of the approved collective agreements. In its previous direct request the Committee noted that, under Decision No. 5-2007 of 9 January 2007, provisions in the collective agreements had been approved allowing a company to grant advances on wages, the amount of which was based on the following scale: (1) workers with between six months’ and one year’s service may receive an advance of up to 40 per cent of their monthly wages; (2) workers with more than one year but less than two years’ service, up to 80 per cent of their monthly wages; (3) workers with between two and three years’ service, up to 100 per cent of their monthly wages; and (4) workers with three years’ service or more, up to 200 per cent of their monthly wages. Other collective agreements had limited advances to the equivalent of five months’ wages to be paid off over two years or to 45 days’ wages in predefined cases, or to advances on wages repayable within 12 months for the purchase of vehicles. The Committee again refers to section 99 of the Labour Code, which provides that “debts contracted by the worker with the employer [by way of advances on wages] … shall be repaid until their extinction over a minimum of five instalments, except where the worker, voluntarily, repays within a shorter period”. The Committee understands that certain provisions of the approved agreements do not appear to comply with the provisions of section 99 of the Labour Code. For its part, Article 12(1) of the Convention requires that the competent authority take measures to: (1) regulate the maximum amounts and manner of repayment of advances on wages; (2) limit the amount of advances which may be made to a worker in consideration of his taking up employment and explain to the worker clearly the amount of advances permitted; and (3) declare legally irrecoverable any advance in excess of the amount laid down by the competent authority and prevent the advance from being recovered by the withholding of amounts of pay due to the worker at a later date. The Committee requests the Government to indicate whether the collective agreements approved between August 2008 and July 2009 contain provisions concerning advances on wages. If so, the Committee requests the Government to supply copies of those collective agreements/accords. The Committee again emphasizes the importance of ensuring that full effect is given to Article 12 of the Convention.
[The Government is asked to reply in detail to the present comments in 2011.]
Part IV. Wages. Advances on the remuneration of workers. In its previous request, the Committee asked the Government to provide information on any court decisions or administrative decisions that have applied the provisions of Article 12 of the Convention. In its report received in September 2008, the Government includes a note from the Supreme Court of Justice indicating that no cases have been brought before the labour courts in connection with Article 12 of the Convention. Furthermore, the Government indicates that the normal way in which efforts are made to regulate advances on the remuneration of workers is through the provisions of collective agreements on working conditions. The Government appended to the report four collective agreements on working conditions which were negotiated and concluded by employers and trade unions and approved by the Ministry of Labour. The Committee notes that, under Resolution No. 5-2007 of 9 January 2007, a provision has been approved allowing the company to grant advances on wages the total of which are based on the following scale: (1) workers with between six months’ and one year’s service may receive an advance of up to 40 per cent of their monthly salary; (2) workers with more than one year but less than two years’ service, up to 80 per cent of their monthly salary; (3) workers with two years’, but less than three years’, service, up to 100 per cent of their monthly salary; (4) workers with three years’ service or more, up to 200 per cent of their monthly salary. Other collective agreements have limited advances to the equivalent of five months’ wages to be paid off over two years or to 45 days’ wages in predefined cases, or to advances on wages repayable within 12 months for the purchase of vehicles. The Committee refers to section 99 of the Labour Code, which provides that “Debts contracted by the worker with the employer [by way of advances on wages]… shall be repaid until their extinction, over a minimum of five instalments, except where the worker, voluntarily, repays within a shorter period”. The Committee understands that certain provisions of the approved agreements do not appear to comply with the provisions of section 99 of the Labour Code. For its part, Article 12, paragraph 1, of the Convention requires that the competent authority take measures to (1) regulate the maximum amounts and manner of repayment of advances on wages; (2) limit the amount of advances which may be made to a worker in consideration of his taking up employment and explain to the worker clearly the amount of advances permitted; and (3) declare legally irrecoverable any advance in excess of the amount laid down by the competent authority and prevent the advance from being recovered by the withholding of amounts of pay due to the worker at a later date. The Committee requests the Government to provide updated information on the provisions of the Labour Code, examples of collective agreements and judicial decisions which give full effect to Article 12 of the Convention.
[The Government is asked to reply in detail to the present comments in 2009.]
Parts I and II of the Convention. Improvement of standards of living. The Committee notes the detailed information provided in the report received in September 2008, which includes a very descriptive document from the Ministry of Economy on the Government’s plans for 2008–12. Four strategic programmes stand out in the following areas: solidarity, governance, productivity and regionalism. To strengthen productive activity, an emergency plan has been established for the production of staple grains, leasing of land and the delivery of fertilizers at subsidized prices. Furthermore, the Government intends to devise an agricultural policy to meet the needs of domestic consumption and to market surpluses abroad. The Government has also communicated the main features of policy relating to monetary, foreign exchange and credit matters approved by the Bank of Guatemala. The Committee welcomes the information received and requests the Government to continue preparing reports on the application of the Convention, which will enable it to examine the manner in which it is ensured that “the improvement of standards of living” has been regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention). Please specify whether the objectives set out in the Government’s plan for 2008–12 have been achieved and whether measures to promote productive capacity and improve the standards of living of agricultural producers have been successful (Article 4).
Part IV. Wages. In a direct request, the Committee asks the Government to provide information on the manner in which it ensures the application of Article 12 of the Convention on advances on the remuneration of workers.
Part VI. Education and training. The Committee notes the information provided by the Government on the courses offered by the Technical Institute for Training and Productivity (INTECAP). The Committee refers to the comments on the Employment Policy Convention, 1964 (No. 122) with regard to matching the education and training offered with employment policies.
1. In its 2003 direct request, the Committee referred to the observations made by the Trade Union Confederation of Guatemala (UNSITRAGUA) which were transmitted to the Government on 8 October 2003. In these observations, the workers’ organization had expressed its concern regarding the general situation and the social policy, without giving any precise indications of the de facto and de jure elements directly linked to the application of the Convention in Guatemala.
2. Parts I and II of the Convention. Improvement of standards of living. In the simplified report received in August 2003, the Government presented information relating to the request made in 1999. The Government provided information on the integral strategy being followed to stimulate rural development. The Committee would be grateful if the Government would include in its next report an up to date appreciation on the manner in which it ensures that the “improvement of standards of living” is regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention) and particularly if it would provide information on the results achieved in promoting production capacity and improving standards of living of agricultural producers (Article 4).
3. Part IV. Remuneration of workers. Advances on wages. The Government refers to section 99 of the Labour Code, indicating in its report that legally there is no fixing of wage amounts: there is no set amount – the amount paid for advances on wages is set at the convenience of the employer and the worker, and repayments are made in accordance with what has been agreed upon between the parties. The Committee refers to the provisions of Article 12, paragraph 2, of the Convention, which require the competent authority to limit the amount of advances which may be made to a worker in consideration of his taking up employment. The Committee asks the Government to provide information in its next report on any court decisions or administrative decisions that have applied the provisions mentioned in Article 12 of the Convention.
4. Part VI. Education and training. In reply to previous comments, the Government refers to article 74 of the Political Constitution, which establishes compulsory education and provides that citizens shall have the right and the obligation to receive initial, pre-primary, primary and basic education within the age limits fixed by the law. In its report, the Government does not specify the age limits fixed by national legislation to receive compulsory education: the Committee understands that the period of compulsory schooling has been set at nine years. In its comments on the application of the child labour Conventions, the Committee expressed its concern regarding the nature, extent and trends of child and adolescent labour. Consequently, the Committee asks the Government to provide information, in its next report on Convention No. 117, on the measures taken to progressively develop a broad system of education, vocational training and apprenticeship, and on how it has organized training in new techniques of production as part of social policy to give effect to the Convention (Articles 15 and 16).
The Committee notes the Government’s report. The Committee also takes note of the observations made by the Trade Union Confederation of Guatemala (UNSITRAGUA) which were transmitted to the Government on 8 October 2003. The Committee will examine the Government’s report and the comments of the organization in detail at its next session and welcomes any additional information that the Government may wish to provide.
The Committee notes the detailed information provided in the Government's report in reply to its previous comments.
Article 4 of the Convention. The Committee notes that the Government is promoting an integrated strategy of rural development in accordance with the agrarian structure and within the framework of the peace agreements and the Government's plan for 1996-2000. The Committee requests the Government to continue providing information on this subject.
Article 12. The Committee notes the Government's statement that the question of the regulation of the maximum amounts of advances on wages will be referred to the Tripartite Committee on International Labour Matters. The Committee hopes that the Government will provide information in its next report on the outcome of this consultation and that the necessary measures will be adopted to ensure that the national legislation establishes the maximum amount of advances on wages which may be made to a worker in consideration, among other questions, of taking up employment.
Article 15. The Committee notes the Government's statement that the Education Act does not establish age limits for compulsory education. Nevertheless, the Government hopes that such limits will be established when the regulations are issued under the above Act. The Committee requests the Government to provide a copy of the above regulations as soon as they are adopted.
The Committee notes the information supplied by the Government in its report, and requests it to supply further information on the following points.
Article 8 of the Convention. The Committee has already noted the Government's indication that a bilateral regional commission was established between Guatemala and Mexico to look into the problems arising from the temporary migration of Guatemalans to the south of the state of Chiapas, Mexico. It requests the Government to continue to provide information on the development of this commission as well as on any similar meetings with other countries including any agreements concluded concerning the migration of workers.
Article 12. The Committee notes the Government's repeated reference to section 99 of the Labour Code. It points out that, under this Article, the maximum amounts of advances on wages should be regulated, and requests the Government to indicate measures taken or envisaged to this end.
Article 15. The Committee notes that the Government mentions in its report the right and obligation to receive initial, pre-primary, primary and basic education within the age limit fixed by the law. It notes from the Government's report on the Convention on Minimum Age (No. 138) that no law has fixed the age of completion of compulsory education. The Committee requests the Government to supply information on the practical application of this Article, including, for instance, extracts from official reports concerning education and training.
Article 16. The Committee notes that the Government again refers to the Technical Institute of Vocational Training (INTECAP), and requests the Government to indicate the manner in which the employers' and workers' organizations are consulted in respect of its activities for the organization of technical training.
The Committee notes the information supplied by the Government in its report, in particular as regards Articles 6, 7, 9 and 13(2) of the Convention.
Article 8. The Committee notes the Government's indication that a bilateral regional commission was established between Guatemala and Mexico to look into the problems arising from the temporary migration of Guatemalans to the south of the state of Chiapas, Mexico. It requests the Government to continue to provide information on the development of this commission as well as on any similar meetings with other countries including any agreements concluded concerning the migration of workers.
Article 15. The Committee notes that the Government mentions in its report the right and obligation to receive initial, pre-primary, primary and basic education within the age limit fixed by the law. It requests the Government to indicate which law fixes the end of compulsory education and at what age. The Committee also requests the Government to supply information on the practical application of this Article, including, for instance, extracts from official reports concerning education and training.
Article 16. The Committee notes that the Government again refers to the Technical Institute of Training and Productivity (INTECAP), and requests the Government to indicate the manner in which the employers' and workers' organizations are consulted in respect of its activities for the organization of technical training.
The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
Articles 6 and 7. The Committee notes the Government's reference in the report to general policies aimed at the re-integration to the communities of displaced or repatriated population and refugees. It requests the Government to indicate whether any substantial volume of internal migration for employment exists, and if so, to supply information on measures taken to apply these provisions of the Convention;
Article 8. The Committee requests the Government to state whether it has been found necessary to enter into agreement with other countries for the purpose of regulating matters concerning migrant workers;
Article 9. The Committee notes the Government's reference to the minimum wage rate applicable to all the economic activities. It requests the Government to indicate whether account has been taken of the different cost of living by area;
Article 12. The Committee notes that, under the Labour Code of 1961 (Decree No. 1441), the manner of repayment of advances on wages is regulated (section 99), but the amount of advances does not appear to be limited. It requests the Government to indicate measures taken or envisaged to regulate the amounts of advances on wages;
Article 13, paragraph 2. The Committee requests the Government to indicate measures taken or contemplated to protect wage-earners and independent producers against usury, in accordance with this provision of the Convention;
Article 15. The Committee notes the Government's indication of such principles as freedom of education and the citizens' right and obligation of education. It requests the Government to supply more detailed information on the actual development of systems of education, in particular on the prescribed school-leaving age and its application in practice including, for instance, extracts from official reports;
Article 16. The Committee requests the Government to indicate the manner in which the employers' and workers' organizations are consulted regarding the organization of technical training, in particular, in the activities of the Technical Institute of Training and Productivity (INTECAP).
The Committee has noted the Government's first report. It requests the Government to supply further information on the following points: