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Articles 1 and 2 of the Convention. Coordination of employment policy with poverty reduction. The Committee notes the detailed information provided by the Government in its report received for the period ending September 2009. The Government includes the General Employment Plan for the period 2008–09, which aims to develop the country’s productive potential. The Government indicates in its report that in this time of global crisis, the Government’s efforts are geared towards achieving sustainable development based on decent work. In January 2009, the National Emergency and Economic Recovery Programme (PNERE) was launched to mitigate the negative effects of the crisis, which provides for the creation of jobs in both the public and private sectors through the construction of road infrastructure, health centres, hospitals and schools and the promotion of national and foreign investment. The Government’s priority sectoral policies are those concerning energy, rural development, housing and micro credit. The Committee requests the Government to include information in its next report concerning the impact that the General Employment Plan 2008–09 and the PNERE have had in terms of creating productive and sustainable employment.
The Committee notes that, according to data from the Economic Commission of Latin America and the Caribbean (ECLAC), the country’s GDP grew by 4 per cent in 2008, compared to 6.3 per cent in 2007. According to the Government, the unemployment rate stood at 5.67 per cent in 2008, with 421,451 persons unemployed and the highest unemployment rates found in the municipalities of Guatemala, Huehuetenango and San Marcos. Furthermore, according to the 2009 Labour Overview, as a result of the economic crisis, 2008 saw a drop in family remittances, which totalled an amount equivalent to 11.3 per cent of the GDP. Furthermore, the reduction in exports had a negative impact on employment. In its General Survey of 2010 concerning employment instruments, the Committee noted that the Government was attempting to estimate the impact of the Central America Free Trade Agreement (CAFTA) on employment. Some workers’ organizations had expressed concern that the CAFTA would result in heavy job losses, especially in agriculture and small and medium-sized enterprises, in the first year of its implementation (see paragraph 32 of the General Survey of 2010). The Committee requests the Government to include information in its next report on the impact that the trade policy has had in terms of meeting employment demand.
Article 3. Strengthening of labour market institutions. Participation of the social partners. The Government reports the creation of the National Employment System to establish active job creation policies. The Government also indicates that the design and formulation of the National Employment System has been the subject of tripartite validation. The Committee refers to its request concerning the application of the Employment Service Convention, 1948 (No. 88), in which it expressed its interest in receiving further information on the manner in which the social partners cooperate in the activities of the public employment service. In this regard, the Committee once again refers to its 2010 General Survey, in which it emphasized that social dialogue is essential in normal times and becomes even more so in times of crisis. The employment instruments require member States to promote and engage in genuine tripartite consultations (see paragraph 794 of the General Survey of 2010). The Committee requests the Government to indicate the manner in which the social partners participated in the design, implementation and evaluation of employment policies to combat the negative effects of the crisis. The Committee requests the Government to include information on the consultations required by the Convention with all sectors concerned, such as representatives of the rural sector, informal economy and workers affected by the drop in exports.
Article 2. Collection and use of information on the labour market. The Committee notes the reactivation of the Labour Market Observatory. In the context of the PNERE, a survey of the employment situation at the national level will be carried out every three months for the purpose of monitoring labour market conditions and identifying productive sectors and geographical areas which require additional stimulus measures to protect jobs. The Ministry of Labour and Social Security’s Operational Plan for 2009 provided for the promotion of projects and programmes to assist the most vulnerable sectors, such as young persons, women, older persons and persons with disabilities, to facilitate their integration into the labour market. Despite the increase in the participation of women in the labour market, according to the 2009 Labour Overview, the rate of active participation among women continues to be significantly lower than among men and stands at 45.2 per cent compared to 82.5 per cent among men. Furthermore, the overall illiteracy rate among persons aged 15 years and over stands at 25.2 per cent, while the rate among females is 32.1 per cent and the rate among males is 18.3 per cent. The Committee requests the Government to include up-to-date information in its next report concerning the labour market situation, levels and trends so that it can determine the impact that the new measures adopted have had in terms of promoting the employment of the most vulnerable sectors (women, young persons, older workers, rural workers and workers in the informal economy). With regard to workers with disabilities, the Committee refers to its request concerning the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159).
Coordination of education and training policy with employment opportunities. The Government indicates in its report that employers are responsible for expressing their specific needs for the purpose of creating vocational training mechanisms, according to the specific needs of the labour market. Employers are more aware of what training is required to incorporate workers into the productive sector and they express those needs in the context of the activities of the National Employment System. In its General Survey of 2010, the Committee emphasized the increasingly important role of the social partners and training institutions in defining human resources development strategies. The Committee requests the Government to indicate in its next report the manner in which the representatives of workers and employers have contributed to developing vocational training mechanisms. The Committee also requests the Government to provide information on the impact of the plans and programmes of the Ministry of Education and the Technical Institute for Training and Productivity (INTECAP), as well as those implemented by the National Employment System, in terms of ensuring that qualified persons are able to “use their skills and endowments in a job for which they are well suited” (Article 1(2)(c) of the Convention).
1. Articles 1 and 2 of the Convention. Coordination of employment policy with poverty reduction. The Committee notes the detailed information sent by the Government in August 2007 and the attached explanations provided in relation to the observation of 2006. The Government states that the employment component corresponds to one of the fundamental objectives of the “Economic and social revival programme”. In the context of the programme, job creation is boosted through the promotion of key sectors such as tourism, agriculture, forestry and manufacturing. Efforts are also being made to create a better climate for investment. The overall management of public sector actions to reduce poverty and achieve the Millennium Development Goals forms part of the “Guate Solidaria Rural” (Guatemalan rural solidarity) programme, according to the Planning and Programming Secretariat of the Presidency. The Government also mentions the support received from the United States Agency for International Development (USAID) for formulating public policies in favour of workers in the informal economy and migrant workers in Guatemala. In the preliminary proposal (May 2007) of the Decent Work Country Programme (DWCP), provision is made for the tripartite adoption and execution of a “National Plan for decent work and employment”. The Committee requests the Government to provide information in its next report on progress achieved by the implementation of the National Plan for decent work and employment in order to ensure that employment plays a central role in macroeconomic and social policies.
2. Article 2. Collection and use of information on employment. The Committee notes the detailed information collected by the Department of Employment and the National Institute of Statistics. The available data indicate that the employment situation remained stable since 2004. The Committee requests the Government, taking account of the results of its most recent surveys on employment and unemployment, to include information in its next report on the situation, level and trends of the labour market. The Committee hopes that the data collected will enable new measures to be determined which foster employment of those in the most vulnerable sectors (women, young persons, older workers, rural workers and workers in the informal economy).
3. Coordination of education and training policy with employment opportunities. The Committee notes with interest the information sent by the Technical Institute for Training and Productivity (INTECAP), whose strategic plan for 2006–10 considers aspects such as skill certification, strengthening of initial vocational training, support for administrative and quality processes in organizations, catering for vulnerable groups and strengthening human resources and institutional infrastructure. The Ministry of Education has provided a detailed report on the measures taken to improve the national curriculum, educational coverage, support for competitiveness, and other measures designed to improve schools and training for teachers. The Committee requests the Government to continue to supply information on the impact on the beneficiaries of plans and programmes of the Ministry of Education and INTECAP so that persons who have acquired the necessary training are able to gain access to decent jobs.
4. Export processing zones and impact of trade agreements. In reply to the observation of 2006, the Government has supplied detailed information through the Industrial Policy Directorate of the Ministry of Economic Affairs on employment generated in the export processing zones. Some 200 clothing factories occupy 90,335 workers. The Government also indicates that, in order to estimate the impact of employment generated by the United States and Central America Free Trade Agreement (CAFTA), the elasticity between growth in GDP and formal employment is being measured. The growth–employment elasticity of the agricultural and industrial sectors provides the estimate that a 1 per cent increase in GDP in those sectors would entail a 0.86 per cent reduction in employment in the agricultural sector and an increase of 2.19 per cent in the industrial sector. Some 700 formal jobs have been lost in the agricultural sector and around 4,400 additional jobs have been generated in the industrial sector in the first nine months that the CAFTA agreement has been in force. Observations from the Movement of Trade Unions, Indigenous Peoples and Peasant Farmers of Guatemala in defence of workers’ rights, which were sent to the Government in 2007, state that CAFTA has caused the loss of some 60,000 jobs in the first year that it has been in force. The trade union also refers to the resurgence of unemployment through the loss of jobs due to the destruction of national agriculture and of small and medium-sized enterprises. The Committee requests the Government to supply further information on the measures adopted for infrastructure development and its impact on job creation, and also on the contribution of export processing zones to the creation of lasting, high-quality employment and the impact of trade agreements on the labour market.
5. Article 3. Participation of the social partners. The Government reports on the work of the Tripartite Subcommittee on Employment Generation. Furthermore, in the preliminary document of the DWCP, the second priority is to strengthen the Government and the employers’ and workers’ organizations in the development of their capacities for the adoption and implementation of a National Plan for decent employment and work and to improve the quality and coverage of the services offered. The Committee emphasizes the fact that Article 3 of the Convention states that representatives of persons affected by the measures to be taken – and in particular representatives of employers and workers – shall be consulted with regard to the formulation and adoption of employment policies. The Committee considers that it is the joint responsibility of governments and the representative organizations of employers and workers to ensure that representatives of the most vulnerable and marginalized groups of the active population are associated as closely as possible with the formulation and implementation of measures of which they should be the prime beneficiaries (see paragraph 493 of the General Survey of 2004 on employment promotion). In this regard, the Committee hopes that the next report will include more detailed information on the measures taken as a result of the tripartite consensus reached with regard to employment policy. The Committee trusts that the report will also include information on consultations held with respect to the formulation and implementation of measures to achieve the objectives of full productive employment established by the Convention, including information on consultations with all sectors concerned, such as representatives of the rural sector, the informal economy and the export processing sector.
1. Coordination of employment policy and poverty reduction. The Committee notes the detailed information provided by the Government in relation to its 2004 comments. The Government refers to the document requested from the ILO Subregional Office on employment policy directives and decent work in Guatemala, which was submitted at the end of 2004 to the Tripartite Commission on International Labour Issues, within which an Employment Generation Subcommittee was established to examine the document, improve it and gather the views of other national bodies. The Government states that it is formulating a national employment and decent work policy to promote mass access to productive employment, improve employment levels, combat unemployment and underemployment and guarantee security of employment and income for workers. The cross-cutting themes of the employment and decent work policy are gender and indigenous peoples. The Committee once again expresses interest in continuing to be provided with information on the manner in which the Government ensures that employment occupies a central role in macroeconomic and social policies when formulating and implementing the national Poverty Reduction Strategy and in promoting decent work. The Committee considers that it is essential from the outset for employment objectives to be included “as a major goal” in the formulation of economic and social policy if these objectives are truly to be an integral part of the policies that are adopted (2004 General Survey on promoting employment, paragraph 490). In this respect, the Committee notes the “Tripartite Declaration for the promotion of employment and decent work in Central America and the Dominican Republic”, concluded by the Ministers of Labour and representatives of employers’ and workers’ organizations in Tegucigalpa in June 2005. It was agreed in the Tripartite Declaration, among other significant policies, to include the objective of creating worthwhile, lasting and high-quality jobs, in accordance with ILO parameters, as a central aim of macroeconomic policy, with efforts being focused not only on controlling inflation and the fiscal deficit, but also and with equal priority on the promotion of investment and equitable growth. The Committee would be grateful if the Government would provide information in its next report on the initiatives taken with ILO support to promote, at both the national and subregional levels, the objectives of the creation of productive employment as set out in the Convention (Part V of the report form).
2. The Government provided information on the persons registered with the Electronic Employment Exchange, the vacancies available and the persons placed in employment. It also provided information on the progress achieved in certifying skills in the firework industry and in the clothing and textiles industry. The Committee requests the Government to provide detailed information in its next report on the situation, level and trends of employment, unemployment and underemployment, with an indication of the extent to which they affect the most vulnerable categories (women, young persons, older workers, rural workers and workers in the informal economy). The Committee asks the Government to indicate the extent to which the objectives of education and vocational training policies have been coordinated with prospective employment opportunities.
3. The Committee recalls that it requested the Government to provide information on the impact on the local labour market of temporary or permanent movements of migrant workers. The Committee reiterates its interest in being provided with information on the measures adopted for infrastructure development and their impact on job creation, as well as the contribution of export processing zones to the creation of lasting and high-quality employment and the impact of trade agreements on the labour market.
4. Participation of the social partners. The Government states that, with a view to strengthening dialogue on employment, it is continuing to promote employment councils in relation to employment placement, human resources development and self-employment. It also adds that the Employment Directorate has convened 16 meetings of the Tripartite Employment Generation Subcommittee. The Committee refers once again to Article 3 of the Convention, under which consultations have to be held with representatives of all the persons affected, and in particular with representatives of employers and workers, for the formulation and adoption of employment policies. The Committee considers that it is the joint responsibility of governments and the representative organizations of employers and workers to ensure that representatives of the most vulnerable and marginalized groups of the economically active population are associated as closely as possible with the formulation and implementation of measures of which they should be the prime beneficiaries (see 2004 General Survey, op. cit., paragraph 493). In this respect, the Committee once again expresses interest in being informed of employment-generation proposals made by employer and worker representatives, and on the measures implemented by the Government as a result of the agreements reached. The Committee trusts that the Government will continue to provide information on the consultations held regarding the formulation and implementation of measures intended to achieve the objectives of full and productive employment set out in the Convention, including consultations with other sectors affected, such as representatives of the rural sector, the informal economy and the export processing sector.
The Committee refers to its observation and would be grateful if the Government would also provide information in its next report on the following matters.
1. The Committee notes that, by virtue of Government Agreement No. 242-2003 of 20 April 2003, the General Directorate of Vocational Training (responsible for formulating human resources and vocational training policies) and the General Directorate of Employment (responsible for formulating the national employment policy) have been established. The Committee asks the Government to indicate the active employment policy measures which have been formulated and implemented. In particular, the Committee trusts that the Government will be able to demonstrate that employment is a central concern of macroeconomic and social policy in the formulation and implementation of the national poverty reduction strategy. The Committee considers it essential that employment objectives are taken into account "as a major goal" from the outset of discussions for the formulation of economic and social policy if these objectives are truly to be an integral part of the policies that are adopted (paragraph 490 of the General Survey of 2004 on promoting employment).
2. The Committee notes with interest that arrangements have been made with the Ministry of Economy and the National Statistical Institute for the production of national quarterly employment and income surveys and that the use of statistical data, analysis and research into social problems is being encouraged. In this regard, the Committee hopes that the Government will continue to provide statistics and evaluations in its report which make it possible to examine the manner in which the promotion of employment is considered as an essential objective of all the available macroeconomic policy measures, and particularly monetary, budgetary, trade and development policies (Articles 1 and 2 of the Convention).
3. Please continue providing information on the progress achieved in relation to the certification of vocational skills and describe the extent to which educational and training policy objectives are coordinated with employment opportunities.
4. The Government states in its report that the industrialization deriving from export processing is intended to develop competitive elements in the various areas of international trade, such as the United States and Central America Free Trade Agreement. The Government also refers to the migration of agricultural workers to Belize for the sugar cane harvest and the temporary migration programme, established in collaboration with the Government of Canada and the International Organization for Migration, for the harvesting of fruit and vegetables on Canadian farms. The Committee would be grateful if the Government would continue to provide information on the manner in which employment policy measures are adjusted to the changes occurring in trade policy. Please also continue providing information on the impact on the local labour market of temporary or permanent international movements of migrant workers.
1. Participation of the social partners in the formulation and application of policies. The Committee notes with interest the information provided in the Government’s report, received in August 2003, on the progress made in the framework of the Tripartite Employment Generation Subcommittee. In the context of the work of the Subcommittee, the Guatemala Social Security Institute (IGSS) provided statistical data on the formal labour market for the period 1997-2001. In the formal economy, there are only 928,000 workers registered with the IGSS, whereas the informal economy accounts for 2,300,000 rural workers and 1,600,000 own-account workers. With the assistance of the ILO, the Subcommittee decided upon themes and held tripartite workshops on employment policy approaches for the poverty reduction strategy in Guatemala. According to Government data, six out of every ten citizens are poor, seven out of every ten are in rural areas and three indigenous persons out of every four are poor or extremely poor. The employment generation proposals made by the Government envisage ILO technical assistance and financing from the Inter-American Development Bank for the training of the poor rural labour force, the strengthening of employment services and the implementation of a system of labour statistics. The Committee asks the Government to include in its next report information on the measures adopted for the implementation of an active employment policy within the meaning of the Convention as a result of the technical assistance provided by the ILO.
2. The Committee notes the comments made in August 2003 by the Trade Union Confederation of Guatemala (UNSITRAGUA) concerning the application of Convention No. 122, which were transmitted to the Government in October 2003. UNSITRAGUA expressed concern at the rise in both unemployment and the size of the informal economy. It maintains that the available work does not provide a real guarantee for workers, due to the fact that the level of wages is well below the level needed to meet the basic needs of workers and their families. The workers available are prepared to work under conditions which are much lower than the minimum levels established by national legislation.
3. The Committee recalls that Article 3 of the Convention requires the holding of consultations with representatives of all the persons affected, and particularly with representatives of employers and workers, for the formulation and adoption of employment policies. The Committee considers that it is the joint responsibility of governments and the representative organizations of employers and workers to ensure that representatives of the most vulnerable and marginalized groups of the active population are associated as closely as possible with the formulation and implementation of measures of which they should be the prime beneficiaries (paragraph 493 of the General Survey of 2004 on promoting employment). In this connection, the Committee would be grateful to be informed of the employment generation proposals made by the employer and worker representatives, and the measures implemented by the Government as a result of the agreements reached. In general, the Committee trusts that the Government will continue providing information on the consultations held with a view to the formulation and implementation of measures to achieve the objectives of full and productive employment set out in the Convention, including consultations with representatives of other categories of persons affected, such as those working in the rural sector, the informal economy and the export processing sector.
4. In a direct request, the Committee continues its examination of the application of the Convention in relation to: the formulation of economic and social policy; the coordination of education and training policies with prospective employment opportunities; the creation of employment in the export processing sector; and the impact on the local labour market of temporary or permanent international movements of migrant workers.
1. The Committee notes the Government’s reports received in September 2001 and August 2002, as well as the statistics appended to the Government’s last report. The Committee notes that Government Agreement No. 872/2000 of 28 December 2000, is intended to modernize the organization of the Ministry of Labour and Social Insurance through the establishment of the General Directorate of Vocational Training and Employment (DICAFORE). The Government recognizes that the prolonged economic crisis has resulted in high levels of open unemployment and underemployment and a significant reduction in the real income of workers. The Government proposes to develop an employment and income-generation strategy in agribusiness, industry and services, based on approaches that are appropriate to the rural environment and the conservation of natural resources. The Government also refers to radio programmes entitled "Tiempo para el empleo" (Time for employment), the planning of an employment and labour market monitoring mechanism and the establishment of four employment kiosks, without providing precise information on the scope of the programmes to be carried out, the impact of the workshops held or the manner in which the statistics compiled have been used for the preparation of employment promotion measures. The Committee once again requests the Government to provide with its next report copies of reports, studies and enquiries, as well as statistical data, to enable the Committee to evaluate the nature, extent and trends of unemployment and underemployment, as well as the impact of the Government’s economic and social policies on employment (Part VI of the report form). Please also indicate the employment policy measures which have been formulated and implemented in Government plans (Article 1 of the Convention). In particular, the Committee asks the Government to indicate to what extent the measures to promote economic development or other economic and social objectives have been based on a consideration of their impact on the labour market (Article 2).
2. Please describe the activities undertaken by DICAFORE in the fields of human resources development, vocational training and the official certification of occupational skills. Please indicate the extent to which the objectives of education and vocational training policies have been coordinated with employment opportunities.
3. The Committee requests that the Government provide information in its next report on employment trends in the export processing and coffee sectors, and on the measures that have been adopted to reintegrate men and women workers who have been affected by job losses in the above sectors back into the labour market.
4. Article 3. The Government indicates in the report received in August 2002 that Employment Councils have been established as advisory bodies under the Ministry of Labour and are responsible for reaching decisions of a technical and policy nature in relation to employment. They are composed of representatives of employers and workers and are active throughout the national territory. The Committee recalls that the consultations required by the Convention must cover the measures to be taken in relation to employment policy with a view to taking fully into account the experience and views of those consulted and securing their full cooperation in formulating and enlisting support for the implementation of such measures. The consultations with the representatives of the persons affected should include, in particular, the representatives of employers and workers, as well as representatives of other categories of the active population, such as persons working in the rural sector and the informal sector. The Committee trusts that the Government will include with its next report examples of the recommendations made by Employment Councils in relation to the consultations required by this important provision of the Convention.
5. Part V of the report form. The Committee notes the assistance received in the context of the project for the modernization of labour administrations in Central America (MATAC), which promoted an exchange of experience between public employment services in the region. The Committee requests that the Government also include information in its next report on the action taken as a result of the technical assistance received from the ILO in the field of employment policy.
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 matters raised in its previous direct request, which reads as follows:
1. The Committee notes the Government’s report for the period ending June 1998. The Committee would be grateful if the Government would provide, with its next report, copies of reports, studies and inquiries, statistical data, to enable the Committee to evaluate the nature, extent and trends in unemployment and underemployment, as well as the impact of the Government’s economic and social policies on employment (Part VI of the report form). Please also indicate whether the objectives fixed by the Action Plan for Social Development 1996-2000 have been attained and specify the employment policy measures which have been formulated and the future plans and programmes to be pursued (Article 1 of the Convention). In particular, the Committee requests the Government to indicate the manner in which the measures to promote economic development or other economic and social objectives have been evaluated to determine the impact of these measures on the employment market (Article 2). 2. The Committee notes with interest that a National Programme for the Promotion of Micro and Small Enterprises has recently been implemented to reduce underemployment by encouraging the underemployed to become self-employed. The Committee requests the Government to continue to provide information in respect of sustainable employment created within the framework of the above Programme. The Government may consider is useful to consult the provisions of the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189). 3. Please provide information (including statistical data and the categories of works concerned) in respect of the manner in which the social funds, referred to in the Government’s report, have contributed to creating sustainable employment within communities. 4. Please also continue to provide information in respect of the measures adopted by the Social Assistance to Workers Unit of the Ministry of Labour and Social Security to generate productive employment. Please also specify whether measures have been adopted to promote the long-term integration into the employment market of women and young people who are seeking a first employment. 5. Please also provide statistical data concerning the results obtained in matters of employment as a consequence of employment integration programmes for demobilized and migrant workers. 6. The Committee had noted with interest the 1996 Employment Reports published by the Technical Institute for Training and Productivity (INTECAP). The Committee requests the Government to continue to provide this type of information and, in particular, to indicate to what extent it has achieved the objectives of the education and vocational training policies in respect of employment opportunities. 7. Article 3. The Committee would like to recall that the consultations required under this provision of the Convention should include all aspects of the economic and social policy which have an impact on employment and, moreover, the representatives of employers and workers as well as representatives of other sectors of the economically active population, such as those working in the rural or informal sectors should be consulted. The Committee requests the Government to provide information in respect of the effect given to this essential provision of the Convention. Please also specify whether the Advisory Council of the National Employment Department, referred to in the Government’s previous reports, is now operational.
1. The Committee notes the Government’s report for the period ending June 1998. The Committee would be grateful if the Government would provide, with its next report, copies of reports, studies and inquiries, statistical data, to enable the Committee to evaluate the nature, extent and trends in unemployment and underemployment, as well as the impact of the Government’s economic and social policies on employment (Part VI of the report form). Please also indicate whether the objectives fixed by the Action Plan for Social Development 1996-2000 have been attained and specify the employment policy measures which have been formulated and the future plans and programmes to be pursued (Article 1 of the Convention). In particular, the Committee requests the Government to indicate the manner in which the measures to promote economic development or other economic and social objectives have been evaluated to determine the impact of these measures on the employment market (Article 2).
2. The Committee notes with interest that a National Programme for the Promotion of Micro and Small Enterprises has recently been implemented to reduce underemployment by encouraging the underemployed to become self-employed. The Committee requests the Government to continue to provide information in respect of sustainable employment created within the framework of the above Programme. The Government may consider is useful to consult the provisions of the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).
3. Please provide information (including statistical data and the categories of works concerned) in respect of the manner in which the social funds, referred to in the Government’s report, have contributed to creating sustainable employment within communities.
4. Please also continue to provide information in respect of the measures adopted by the Social Assistance to Workers Unit of the Ministry of Labour and Social Security to generate productive employment. Please also specify whether measures have been adopted to promote the long-term integration into the employment market of women and young people who are seeking a first employment.
5. Please also provide statistical data concerning the results obtained in matters of employment as a consequence of employment integration programmes for demobilized and migrant workers.
6. The Committee had noted with interest the 1996 Employment Reports published by the Technical Institute for Training and Productivity (INTECAP). The Committee requests the Government to continue to provide this type of information and, in particular, to indicate to what extent it has achieved the objectives of the education and vocational training policies in respect of employment opportunities.
7. Article 3. The Committee would like to recall that the consultations required under this provision of the Convention should include all aspects of the economic and social policy which have an impact on employment and, moreover, the representatives of employers and workers as well as representatives of other sectors of the economically active population, such as those working in the rural or informal sectors should be consulted. The Committee requests the Government to provide information in respect of the effect given to this essential provision of the Convention. Please also specify whether the Advisory Council of the National Employment Department, referred to in the Government’s previous reports, is now operational.
1. The Committee notes the Government's report for the period ending June 1998. The Committee would be grateful if the Government would provide, with its next report, copies of reports, studies and inquiries, statistical data, to enable the Committee to evaluate the nature, extent and trends in unemployment and underemployment, as well as the impact of the Government's economic and social policies on employment (point VI of the report form). Please also indicate whether the objectives fixed by the Action Plan for Social Development 1996-2000 have been attained and specify the employment policy measures which have been formulated and the future plans and programmes to be pursued (Article 1 of the Convention). In particular, the Committee requests the Government to indicate the manner in which the measures to promote economic development or other economic and social objectives have been evaluated to determine the impact of these measures on the employment market (Article 2).
3. Please provide information (including statistical data and the categories of works concerned) in respect of the manner in which the social funds, referred to in the Government's report, have contributed to creating sustainable employment within communities.
7. Article 3. The Committee would like to recall that the consultations required under this provision of the Convention should include all aspects of the economic and social policy which have an impact on employment and, moreover, the representatives of employers and workers as well as representatives of other sectors of the economically active population, such as those working in the rural or informal sectors should be consulted. The Committee requests the Government to provide information in respect of the effect given to this essential provision of the Convention. Please also specify whether the Advisory Council of the National Employment Department, referred to in the Government's previous reports, is now operational.
1. The Committee notes the Government's report for the period ending June 1996 which contains detailed information in reply to its previous direct request and to which useful texts are attached. It notes that, according to the Government, poverty, unemployment and underemployment are due mainly to low productive investment. The rate of declared unemployment stood at 4.3 per cent in 1995, but the chief characteristic of the labour market is the underemployment of the majority of workers in unskilled, low productive and poorly paid jobs.
2. The Committee notes with interest that the objectives of the Government's action plan 1996-2000 to raise living standards, combat underemployment and offer the free choice of employment coincide to a large degree with those of the Convention. In addition, it also notes the relevant stipulations in the Agreement on socio-economic aspects and the agrarian situation concluded in May 1996 in the framework of the peace agreements. It notes that the action plan for social development aims particularly at bringing the underemployment rate down to 45 per cent and achieving an activity rate of 30 per cent for women. The Committee requests the Government to indicate in its next report any results which have been achieved in the pursuit of these objectives by describing the measures applied and detailing the difficulties encountered. It requests the Government to continue to attach to its reports copies of reports, surveys or studies relating to the impact on employment of economic and social policy measures.
3. The Committee also notes with interest the 1995 annual report of the Technical Institute for Training and Productivity (INTECAP). Please continue to provide this type of information and to indicate to what extent the objectives of education and training policies are achieved.
4. Please supply detailed information on the implementation of measures designed to promote the integration of women into productive and lasting employment. In addition, please indicate whether specific programmes are designed for young people seeking first employment.
5. Please describe the progress made in cooperation between the National Employment Office and Private Placement Services with a view to providing a better response for workers in the informal sector, bearing in mind the relevant provisions of Conventions Nos. 88 and 96.
6. Please continue to supply information on activities in regard to migration for employment and particularly the implementation of the Tecún Umán pilot project.
7. With reference to its previous comments, the Committees notes with interest the establishment of the Advisory Council of the National Employment and Training Department. The Committee would be grateful if the Government would indicate whether it requests assistance, as it intended, from the ILO multidisciplinary team in San José (Costa Rica) to improve the Council's functioning. In this connection, it recalls that the consultations required by Article 3 of the Convention should be extended to all aspects of economic and social policy which have an impact on employment and that, in addition to employers' and workers' representatives, the representatives of other sectors of the active population, such as persons engaged in the rural sector and the informal sector should be consulted. The Committee requests the Government to continue to supply information on the effect given to this essential provision of the Convention.
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 matters raised in its previous direct request, which read as follows:
The Committee notes the Government's report for the period ending June 1992 and the appended labour statistics bulletins for 1990 and 1991. These statistics show that only some 33 per cent of the active population can be considered to be fully employed, 60 per cent are affected by under-employment and the remainder are considered to be unemployed. These figures confirm that a very high proportion of the Guatemalan population are employed in low-productivity and low-income jobs and that poverty and precarious forms of employment are on the increase. In its working paper Guatemala: Políticas de empleo e ingresos en el marco del pacto social (September 1992), PREALC considers that the costs and benefits of structural adjustment and economic recovery programmes during the period 1986-89 were not fairly distributed among the various groups of society. 1. Article 1 of the Convention. In its previous comment, the Committee asked the Government to indicate to what extent the employment objectives included in the policies and actions of the Ministry of Labour and Social Welfare had been attained. In its reply, the Government states that it expects to attain the employment objectives only in the medium term and that, owing to the economic constraints imposed by a fairly tight budget, it is unable to implement these measures as promptly as it would have liked. The Committee trusts that in its next report the Government will provide details of the particular difficulties encountered in pursuing the objectives of full and productive employment and indicate to what extent it has overcome them. The Government may find it useful to refer to the provisions of Recommendations No. 122 and 169 (the text of which can be found in the annex to the report form) which are complementary to Convention No. 122 and contain general guidelines on how to frame an employment policy within the meaning of the Convention. Please also include with the next report the texts defining the current employment policy. 2. The Government states that a regionalization plan was launched in 1993 which provides for the establishment of regional offices for employment and vocational training in the various provinces. Please indicate in the next report how these new offices intervene in labour markets and how they meet the special needs of workers in the various regions and in the urban and rural informal sectors. The Committee asks the Government also to refer to the relevant provisions of the Employment Service Convention (No. 88), 1948 and the Fee Charging Employment Agencies Convention (Revised) (No. 96), 1949, both of which Guatemala has ratified, and to the Committee's latest comments on them. 3. The Committee notes that the dismissal indemnity has been replaced by an annual allowance for private and public sector workers (Congress of the Republic Decree No. 42-92 of 2 July 1992). It would be grateful if the Government would indicate the number of workers affected by this new provision and how many of them have found other jobs. 4. The Committee notes with interest that in August 1991 an ILO project was launched on support for occupational integration and the development of income-generating activities for disabled persons. It would be grateful if the Government would provide information on the results of this project and its impact on the employment of the disabled. The Committee again suggests that the Government might find it useful to refer to the provisions of the ILO instruments of 1983 concerning the vocational rehabilitation and employment of disabled persons (Convention No. 159 and Recommendation No. 168). 5. The Government indicates in its report that the National Office for Women is looking into the implementation of projects for the protection of women and young persons in employment. The statistics sent by the Government show that the situation of women and young workers is particularly worrying. Please indicate whether any special employment programmes are planned for women and unemployed young workers. 6. In its previous report the Government referred to a vocational guidance and training programme. The Committee requested information on measures adopted to coordinate teaching and vocational training policies with employment prospects. In this connection, the Committee would be grateful if the Government would provide information on the training and occupational integration activities of the Technical Institute for Training and Productivity. With regard to these subjects, the Government might find it useful to refer to the instruments concerning human resources development and the Committee's General Survey on them (1991). 7. Article 2. The Committee notes with interest the quality of the statistical information provided by the Government. It notes that with the help of the ILO project GUA/87/024 the Government has now acquired the capacity to collect and process data showing the labour market situation. This information should assist the Government in deciding on and keeping under review, within the framework of a coordinated economic and social policy, the employment policy measures to be adopted, in accordance with Article 2, paragraph (a), of the Convention. The Government indicates in its report that the Ministry of Labour and Social Welfare is part of the "social cabinet" and that its employment policy must be decided on and implemented within the framework of the Government's economic and social policy. The Committee asks the Government to continue to enclose with its reports any reports, studies, surveys or statistics likely to provide fuller information on how account is taken on the impact of other economic and social policy measures on employment. 8. Article 3. The Government indicates that the consultations required by this important provision of the Convention are held within the Advisory Council of the National Employment and Training Department, which is a tripartite body. The Committee asks the Government in its next report to provide examples of how account is taken of the experience and opinions of the employers' and workers' representatives on the above Council, and its conclusions and recommendations. The Committee hopes that the next report will contain information on any other initiatives to promote consultations on employment policy, which may include representatives of other sectors of the economically active population such as workers in the rural and informal sectors. 9. Part V of the report form. The Committee refers to the above-mentioned PREALC document of September 1992 on employment and incomes policies in the context of the social pact. The Committee would be grateful if the Government would indicate in its next report how the analyses, suggestions or advice contained in this document have been taken into consideration.
The Committee notes the Government's report for the period ending June 1992 and the appended labour statistics bulletins for 1990 and 1991. These statistics show that only some 33 per cent of the active population can be considered to be fully employed, 60 per cent are affected by under-employment and the remainder are considered to be unemployed. These figures confirm that a very high proportion of the Guatemalan population are employed in low-productivity and low-income jobs and that poverty and precarious forms of employment are on the increase. In its working paper Guatemala: Políticas de empleo e ingresos en el marco del pacto social (September 1992), PREALC considers that the costs and benefits of structural adjustment and economic recovery programmes during the period 1986-89 were not fairly distributed among the various groups of society.
1. Article 1 of the Convention. In its previous comment, the Committee asked the Government to indicate to what extent the employment objectives included in the policies and actions of the Ministry of Labour and Social Welfare had been attained. In its reply, the Government states that it expects to attain the employment objectives only in the medium term and that, owing to the economic constraints imposed by a fairly tight budget, it is unable to implement these measures as promptly as it would have liked. The Committee trusts that in its next report the Government will provide details of the particular difficulties encountered in pursuing the objectives of full and productive employment and indicate to what extent it has overcome them. The Government may find it useful to refer to the provisions of Recommendations No. 122 and 169 (the text of which can be found in the annex to the report form) which are complementary to Convention No. 122 and contain general guidelines on how to frame an employment policy within the meaning of the Convention. Please also include with the next report the texts defining the current employment policy.
2. The Government states that a regionalization plan was launched in 1993 which provides for the establishment of regional offices for employment and vocational training in the various provinces. Please indicate in the next report how these new offices intervene in labour markets and how they meet the special needs of workers in the various regions and in the urban and rural informal sectors. The Committee asks the Government also to refer to the relevant provisions of the Employment Service Convention (No. 88), 1948 and the Fee Charging Employment Agencies Convention (Revised) (No. 96), 1949, both of which Guatemala has ratified, and to the Committee's latest comments on them.
3. The Committee notes that the dismissal indemnity has been replaced by an annual allowance for private and public sector workers (Congress of the Republic Decree No. 42-92 of 2 July 1992). It would be grateful if the Government would indicate the number of workers affected by this new provision and how many of them have found other jobs.
4. The Committee notes with interest that in August 1991 an ILO project was launched on support for occupational integration and the development of income-generating activities for disabled persons. It would be grateful if the Government would provide information on the results of this project and its impact on the employment of the disabled. The Committee again suggests that the Government might find it useful to refer to the provisions of the ILO instruments of 1983 concerning the vocational rehabilitation and employment of disabled persons (Convention No. 159 and Recommendation No. 168).
5. The Government indicates in its report that the National Office for Women is looking into the implementation of projects for the protection of women and young persons in employment. The statistics sent by the Government show that the situation of women and young workers is particularly worrying. Please indicate whether any special employment programmes are planned for women and unemployed young workers.
6. In its previous report the Government referred to a vocational guidance and training programme. The Committee requested information on measures adopted to coordinate teaching and vocational training policies with employment prospects. In this connection, the Committee would be grateful if the Government would provide information on the training and occupational integration activities of the Technical Institute for Training and Productivity. With regard to these subjects, the Government might find it useful to refer to the instruments concerning human resources development and the Committee's General Survey on them (1991).
7. Article 2. The Committee notes with interest the quality of the statistical information provided by the Government. It notes that with the help of the ILO project GUA/87/024 the Government has now acquired the capacity to collect and process data showing the labour market situation. This information should assist the Government in deciding on and keeping under review, within the framework of a coordinated economic and social policy, the employment policy measures to be adopted, in accordance with Article 2, paragraph (a), of the Convention.
The Government indicates in its report that the Ministry of Labour and Social Welfare is part of the "social cabinet" and that its employment policy must be decided on and implemented within the framework of the Government's economic and social policy. The Committee asks the Government to continue to enclose with its reports any reports, studies, surveys or statistics likely to provide fuller information on how account is taken on the impact of other economic and social policy measures on employment.
8. Article 3. The Government indicates that the consultations required by this important provision of the Convention are held within the Advisory Council of the National Employment and Training Department, which is a tripartite body. The Committee asks the Government in its next report to provide examples of how account is taken of the experience and opinions of the employers' and workers' representatives on the above Council, and its conclusions and recommendations.
The Committee hopes that the next report will contain information on any other initiatives to promote consultations on employment policy, which may include representatives of other sectors of the economically active population such as workers in the rural and informal sectors.
9. Part V of the report form. The Committee refers to the above-mentioned PREALC document of September 1992 on employment and incomes policies in the context of the social pact. The Committee would be grateful if the Government would indicate in its next report how the analyses, suggestions or advice contained in this document have been taken into consideration.
The Committee notes the Government's report for the period between July 1993 and June 1994, which was received in June 1995. Unlike the reports provided previously, the Government's report does not contain statistical data or documentation enabling the Committee to make a full assessment of the manner in which effect is given to the provisions of the Convention. Although the Committee understands that, as stated by the Government, in view of the persistent economic difficulties of the country, it has not been possible to overcome the obstacles to achieving the objectives of full, productive and freely chosen employment, it would be very grateful if the Government would make every effort, when preparing the next detailed report on the application of the Convention, to obtain the information required by the corresponding report form. In this respect, it would be grateful to have information on the situation, level and trends of employment, underemployment and unemployment in the country, with an indication of the extent to which they affect particular categories of workers who often experience difficulties in finding lasting employment during periods of persistent economic difficulties, such as women, young persons who work, young persons who wish to enter the labour market, and rural and farm workers. The Committee once again refers to the matters raised in its previous direct requests and would also be grateful if the next report covered the following questions:
1. Article 1 of the Convention. Please provide the texts defining the active policy designed to promote full, productive and freely chosen employment that is currently being pursued.
2. The Committee notes that a pilot project is being implemented in Tecún Umán for the registration and control of Guatemalan agricultural workers who are temporarily under contract to work in farms in the south of the State of Chiapas (Mexico). Please indicate the results achieved by the above project in ensuring that migration takes place under conditions which promote full, productive and freely chosen employment (the Government may consider it useful to refer to Paragraph 39(b) of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).
3. With reference to its comments on the application of the Employment Service Convention, 1948 (No. 88), and the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), the Committee would be grateful if the Government would indicate the manner in which it intends to intervene in the labour market to deal with the particular needs of workers in the urban and rural informal sector.
4. The Committee welcomes the ratification of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and hopes the Government will continue supplying information on the integration into the labour market of persons with disabilities when examining the reports on the application of the above Convention.
5. The Government states that a Unit for the Protection of Young Persons at Work and a Unit for the Protection and Training of Women Workers have been established in the Ministry of Labour and Social Welfare, which are reported to have planned measures to assist unemployed women workers and young persons. Please provide fuller information on the programmes undertaken and the results achieved in assisting women and young workers find lasting employment.
6. Please provide information on the training programmes carried out by the Technical Institute for Training and Productivity (INTECAP), and the measures taken to coordinate education and training policies with prospective employment opportunities. The Committee recalls that on this matter the Government may consider it useful to refer to the instruments on the development of human resources (the Human Resources Development Convention (No. 142) and Recommendation (No. 150), 1975), which were covered by its 1991 General Survey.
7. Article 2. In its previous comments, after expressing its satisfaction at the quality of the statistical data transmitted by the Government, the Committee expressed the hope that the processing of labour statistics would make it possible for the Government to be in a position, in accordance with Article 2(a) of the Convention, to decide on and keep under review the employment policy measures to be adopted. Employment policy measures should form part of a coordinated economic and social policy. It its report, the Government states that the situation has not changed since the previous report. In these circumstances, the Committee requests the Government to provide information enabling it to gain a better understanding of the manner in which account has been taken of the effects on employment of all the economic and social policy measures adopted.
8. Article 3. The Government states in its report that unfortunately it did not manage to establish the Advisory Council of the National Employment and Training Department, but that the Department continued to work on the subject. The Committee emphasizes the importance of consultations with the representatives of the persons affected by the employment policy measures to be adopted. In this respect, it trusts that the Government will make every effort within its power to hold the consultations required by the Convention, which may include representatives of other sectors of the economically active population, such as workers in the rural sector and the informal sector. The Committee would be grateful if the Government would provide full information on the results achieved in this respect.
Finally, the Committee considers it appropriate to recall, as set out in the report form, that many aspects of an active employment policy are beyond the competence of the Ministry responsible for labour matters and that the preparation of a report may require consultations with other ministries or government bodies concerned, such as those responsible for planning, the economy and statistics. The Committee has no doubt that the Government will seek to obtain information so that it is in a position to transmit a full and detailed report and that it will have recourse, if it considers it appropriate, to the advice and assistance that can be provided in this respect by the Area Office and the ILO multidisciplinary advisory team.
The Committee takes note of the Government's first report on the application of the Convention. The Government has provided an interesting document prepared by the National Department of Employment and Vocational Training listing the policies and actions of the Ministry of Labour and Social Welfare in the area of employment and income. It also refers to the preparation of a project to restructure the National Employment Department which includes measures set out in Convention No. 122 and which should enable the characteristics of employment offers to be analysed and knowledge of short-term labour prospects to be improved.
The Committee has also received information from the Employment Programme for Latin America (PREALC), which provided the Government with technical assistance in the form of project GUA/87/024 Strengthening the Ministry of Labour in the area of labour administration, legislation and employment. The Committee also notes the document Evaluation, analysis and formulation of employment and incomes policies in Guatemala, published by the Ministry of Labour and Social Welfare in November 1988.
The Committee would be grateful if, in its next report, the Government would provide the information required by the report form, particularly with regard to the following matters:
(i) Article 1 of the Convention. Please indicate the extent to which the employment objectives included in the policies and actions of the Ministry of Labour and Social Welfare enumerated in the document of the National Employment Department enclosed with the report have been or are being attained.
(ii) Please refer to the employment policy measures concerning balanced regional development, particularly in the north of the country, and measures to promote complementary relationships between the formal sector (urban and rural) and the informal sector. The Government might find it useful to consult the annexes contained in the report form on the Convention (see in particular Chapter V of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169).
(iii) Please give particulars of the impact on the labour market of the Act respecting economic compensation for length of service (Documentos de Derecho Social 1991/1, 1990-GTM1), especially the number of workers who have received unemployment benefit and the number of workers who have found new jobs since the mechanism came into force.
(iv) The Committee notes with interest the provisions of Ministerial Agreement No. 12, of 29 June 1983, to set up the Disabled Persons Placement Division in the National Department of Employment and Vocational Training of the Ministry of Labour and Social Welfare (LS, 1983-Gua. 1). Please describe the operation of the above service and its impact on the employment of disabled persons. The Committee suggests that the Government might consult the provisions of the ILO instruments of 1983 concerning the vocational rehabilitation and employment of disabled persons (Convention No. 159 and Recommendation No. 168).
(v) Please specify the measures adopted or envisaged to meet the needs of other categories of workers who regularly encounter difficulties in finding lasting employment (for example, women, young people, etc.; see Paragraphs 15 et seq. of Recommendation No. 169 mentioned above).
(vi) In the annex to its report, the Government refers to a "programme of vocational guidance and training" aimed at training workers so that they acquire qualifications that will provide them with "better employment opportunities". Please describe the impact of measures adopted to coordinate education and training policies with prospective employment opportunities.
(vii) Article 2. The Committee notes with interest the statistical data transmitted by the Government, based on the national social-demographic survey of 1986-87 conducted by the National Institute of Statistics. According to information received from PREALC, project GUA/87/024 succeeded in providing the necessary data processing and storage capacity for a data bank on the labour market in Guatemala. Please indicate subsequent measures adopted to collect and analyse statistical and other data on the size and distribution of the labour force, the nature, extent and trends of unemployment, as a basis for deciding on measures of employment policy. The Committee would be grateful if the Government would forward copies or extracts of reports, studies and inquiries, statistical data to enable it to better ascertain the impact on employment of economic and social policy measures (Part VI of the report form).
(viii) Please describe the procedures adopted to ensure that the principal measures of employment policy are decided on and kept under periodical review within the framework of a coordinated economic and social policy.
(ix) Article 3. In its report the Government indicates that a tripartite National Advisory Council has been set up to improve the operation of the National Department of Employment and Vocational Training. The Committee refers to its direct request of 1990 on the application of Articles 4 and 5 of the Employment Service Convention, 1948 (No. 88), and asks the Government to indicate how the representatives of the persons affected are consulted concerning employment policy.
(x) The Committee notes the recent Governmental Agreement, No. 129-91 of 1 March 1991, providing that the workers', employers' and cooperative sectors of the country are to be convened to participate, together with the Government of the Republic, in the examination, negotiation and formalisation of the Social Pact. Please provide information on how these consultations have influenced employment policy, and on consultations with representatives of the other sectors of the economically active population such as those working in the rural sector and the informal sector.
(xi) Part V of the report form. Please indicate the action taken as a result of, or any factors which have prevented or delayed, the measures suggested in the context of the technical assistance provided by the Office in the area of employment policy.