Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Minimum Wage Fixing Convention, 1970 (No. 131) - Guatemala (Ratification: 1988)

The Committee notes the information contained in the Government's first report. The Committee requests the Government to supply information in its next report on the adoption of the draft Labour Code that is under examination and has received its first reading, and to transmit a copy of the Code when it is adopted.

Article 4, paragraphs 2 and 3. The Committee notes the comments of the Co-ordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF), transmitted on 26 July 1990, stating that Congress was examining a Bill on wage policy and a Bill to amend the Labour Code by the addition of Decree No. 1537, both of which it considered to be in violation of this Convention and of Conventions Nos. 26 and 99. The Committee also notes the comments made by the Government, which were transmitted on 3 October 1990. In its comments, the Government states that the Congress of the Republic was indeed examining various Bills in its Labour Committee, including those mentioned by the CACIF. The examination of these Bills was not continued after the Minister of Labour and Social Insurance discussed them with various parliamentarians. In view of this information, the Committee considers that the CACIF's comments are no longer valid.

The Committee also notes the new comments transmitted by the CACIF on 25 September 1990 relating to Governmental Agreement No. 776-90, of 31 August 1990, fixing the minimum wage for agricultural and stock-rearing sectors. The CACIF considers that this Agreement violates the provisions of national law, in particular section 113 of the Labour Code, and the provisions of this Convention and of Conventions Nos. 26 and 99. The Government's observations on this question have not been received. It appears from the comments of the CACIF that the Government fixed the minimum wage for the agricultural and stock-rearing sectors at a higher amount than that proposed by the Joint Minimum Wage Board for Agriculture and Stock-Rearing. In conformity with sections 112 and 113 of the Labour Code, the minimum wage shall be determined on the basis of the reasoned recommendation made by the National Wage Board once it has received the reports of the respective joint boards. It is possible to infer from this that the National Wage Board may make recommendations that differ from the proposals of the joint boards. The CACIF's comments do not clearly state whether the recommendation made by the National Wage Board confirmed the proposal made by the Joint Minimum Wage Board for Agriculture and Stock-Rearing or not. The Committee therefore requests the Government to make observations in its next report on the CACIF's comments in this respect and to transmit a copy of the recommendation of the National Wage Board relating to the report made by the Joint Minimum Wage Board for Agriculture and Stock-Rearing.

Point V of the report form. With reference to the comments that it has made previously under Conventions Nos. 26 and 99, the Committee recalls that it requested information on the manner in which the Convention is applied in practice (the number of workers covered by the minimum wage system, extracts from the reports of the inspection services), as set out in point V of the report form. The Committee hopes that the Government will be able to supply this information in its next report.