Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Maternity Protection Convention (Revised), 1952 (No. 103) - Guatemala (Ratification: 1989)

Other comments on C103

Observation

Direct Request

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The Committee notes that the Government’s report provides no information in response to its previous comments. In these circumstances, the Committee is bound to reiterate its requests and hopes that the Government’s next report will contain detailed information on the measures adopted:

-to guarantee the compulsory nature of the period of postnatal leave, in accordance with Article 3(2) and (3) of the Convention;
-to take the necessary measures expressly to repeal sections 48(c), 149(c) and 71(c) of Decisions Nos 410, 466 and 468 of the Administrative Board of the IGSS and thus bring the legislation into line with Article 4 of the Convention;
-to provide, for women workers who do not meet the requirements to receive social security benefits, for the grant of benefits out of social assistance funds and not by the employer, in accordance with Article 4(4), (5) and (8).

Lastly, the Committee requests the Government to reply to the comments of 29 August 2013 by the General Confederation of Workers of Guatemala (CGTG), on the application of the Convention in practice, and particularly on cases of dismissals of pregnant women, and on the effective coverage of the Guatemalan Social Security Institute.

[The Government is asked to reply in detail to the present comments in 2014.]