Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Imposition of overtime in the maquila industry. In its previous comments, the Committee requested the Government to provide information on the average number of additional hours worked by workers in the maquila sector and to indicate the measures taken or envisaged to protect workers in this sector against the imposition of compulsory labour. The Committee noted in previous comments the allegations made by trade union organizations, according to which production targets are set in maquila companies which require employees to work beyond the ordinary working day, without pay and under threat of dismissal.

The Government in its previous report received in 2004 provided information on the establishment of offices of the Ministry of Labour and Social Welfare in the export processing zones of Exporsalva, American Park and El Progreso with the role of serving as mediators after the means of redress offered by the enterprises has been exhausted. The Committee requested the Government to provide information on the activities of these offices, with an indication in particular of the number of instances in which workers have alleged the imposition of labour outside the ordinary working day.

The Committee notes the information provided by the Government in its report received in 2006, as to the activities of these offices which, inter alia, provide advisory services on labour matters and conciliation procedures for the resolution of conflicts between workers and enterprises located in export processing zones. Furthermore, training is provided on workers’ rights. The Committee also notes that the Ministry of Labour and Social Welfare is evaluating the results achieved through the presence of these offices in export processing zones. The Committee takes due note of this information and requests the Government to provide the results of this evaluation.

Article 2(2)(c) of the Convention. Consent of prisoners to work for private enterprises. The Committee previously requested the Government to indicate whether, pursuant to section 112(3) of the Prisons Act, the Ministry of Justice has concluded agreements with individuals or associations respecting the organization of agricultural, industrial or commercial undertakings, and to indicate the measures taken or envisaged to ensure that work by detainees for private enterprises is voluntary. The Committee notes the Government’s indication in its report that agreements have not been concluded under the above provision. The Committee hopes that the Government will inform it of any change in this situation.

The Committee notes the information provided by the Government on the sentence of compulsory work to be performed for private entities providing public services.