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

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

Other comments on C103

Observation

Direct Request

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Observations from trade unions. Application of the Convention in practice. The Committee notes the observations made by the Guatemalan Trade Union, Indigenous and Campesino Movement (MSICG) and the General Confederation of Workers of Guatemala (CGTG), dated 29 August and 1 September 2014, and received on 3 and 4 September 2014. The organizations indicate that maternity protection is not effective: inappropriate use of temporary contracts for permanent workers; women domestic workers do not enjoy adequate protection; many enterprises are not registered with the social security scheme and so workers cannot receive the relevant benefits and are obliged to attend national health centres or hospitals under precarious conditions; pregnant women are not hired because of the costs they represent; and where enterprises pay social security contributions, the women are not allowed to go for prenatal checks. Furthermore, as regards dismissals of pregnant women (and the lengthy court proceedings for their reinstatement), the Committee notes that, in 2012 and 2013, a total of 475 pregnant women and 272 nursing women were dismissed from their jobs. The Government indicates in its report that the labour inspection services monitor the social security registration of working mothers as a form of ensuring compliance with the Convention. However, the Committee observes that the information concerning the controls made by the labour inspectorate does not mention maternity protection. The Committee requests the Government to ensure that the labour inspectorate responds to the concerns of the trade unions and to supply information on the special controls carried out in this area.

Lastly, as regards the use of pregnancy tests prior to recruitment, the Committee reiterates that this is a very serious form of discrimination and refers to its 2013 observation on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and the urgent steps that the Government must take in this regard.

Article 4(4), (5) and (8). Benefits paid out of social assistance funds. The Committee notes the benefits provided through the “zero hunger” plan, prenatal and postnatal medical benefits, medical care provided for infants up to 2 years of age, and the “Safe, family-centred maternity” plan. The Committee understands that women workers who do not meet the requirements to receive maternity benefits are entitled to the benefits referred to above and requests the Government to confirm this understanding. The Committee also requests the Government to indicate whether, at the same time, women workers continue to receive maternity benefits paid by the employer.