Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Guatemala (Ratification: 1994)

Other comments on C129

Observation

Direct Request

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Referring to its observation, the Committee wishes to raise the following additional points.

Article 12(1) of the Convention. Inter-institutional cooperation for the enforcement of legal provisions relating to the conditions of work and protection of workers in agriculture. In its previous comments, the Committee noted the conclusion by the Ministry of Labour and Social Welfare (MTPS) and the Guatemalan Social Security Institute (IGSS) of an inter-institutional agreement for joint inspections, which are to give priority to areas which, according to a preliminary study, show a higher incidence of problems in worker–employer relations, social insurance, occupational safety and health and compliance with labour provisions in general, with emphasis on the payment of IGSS contributions. It requested the Government to provide information on the results of such joint inspections, particularly with regard to agricultural undertakings. The Government indicates that the IGSS has adhered to this agreement, under the terms of which it provides the General Labour Inspectorate, within the first five days of each month, with a list of enterprises which have not complied with or are in arrears with the payment of their corresponding contributions. It adds that with regard to the banana sector, the MTPS has established a dialogue forum in the department of Izabal with a view to maintaining productivity and social peace in the sector, to resolve the issue of the contributions that have to be paid to the IGSS. Within this framework, establishments in the sector are being inspected jointly by the MTPS and the IGSS. The Committee asks the Government to provide information on the results of these inspections in relation to the application of legal provisions relating to conditions of work and the protection of workers while engaged in their work, such as occupational safety and health provisions, working time, wages, and the employment of women and young persons.

Articles 17 and 19(1). Association of labour inspectors in agriculture in the preventive control of new plants, new materials or substances. Notification to labour inspectors of occupational accidents and cases of occupational disease. In its previous comments, the Committee noted that the electronic labour information system (SIL), which is available to the General Labour Inspectorate, will serve as a database for compiling data, including notifications of occupational accidents and cases of occupational disease in agriculture, and is to be supplemented in accordance with the instructions issued by the General Directorate of Social Welfare, with ILO technical assistance. It requested that the Government provide information on the progress achieved in the implementation of the register of occupational accidents and cases of occupational disease and its availability to labour inspectors in the various regions of the country. The Government indicates that, as envisaged in Ministerial Decision No. 191-2010, the MTPS, through the General Directorate of Social Welfare and the Department for Occupational Safety, provides employers with electronic forms for the notification of occupational accidents and cases of occupational disease, while the harmonized system of the General Directorate of Social Welfare and the General Labour Inspectorate is being improved. The Committee requests the Government to specify the cases and the manner in which the labour inspection services in agriculture are associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. It also asks the Government to report on the entry into operation of the harmonized notification system for the General Directorate of Social Welfare and the General Labour Inspectorate, as well as the impact of the notification of occupational accidents and cases of occupational disease on the discharge of their preventive function by inspection services in agriculture.