Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Hours of Work (Industry) Convention, 1919 (No. 1) - Guatemala (Ratification: 1988)

1. The Committee notes the information provided under Article 6, paragraph 1, of the Convention. It notes that in cases in which internal labour regulations are necessary for an enterprise or entity, it treats these aspects itself. The Committee wishes to point out that the permanent exceptions and temporary exemptions possible under this Article may only be granted through regulations made by public authority and cannot be left to the individual enterprise or entity.

2. Article 6, paragraph 2. The Committee notes from the Government's report that additional working hours beyond the normal working hours are voluntary and paid at an additional rate of 50 per cent. In its previous comment, the Committee had already noted that section 122 of the Labour Code authorized up to four additional hours of work per day. It had pointed out that the employment of a worker for four additional hours per day without any restriction (such as a monthly or annual limit) greatly exceeded the exceptions authorized by the Convention and was resolutely contrary to the spirit in which the Convention was drawn up.

The Committee requests the Government to take the necessary measures to determine, after consultation with the organizations of employers and workers concerned, the circumstances in which use may be made of additional hours and the maximum reasonable number of additional hours which may be authorized in each instance. It also requests the Government to supply information on the application of this provision of the Convention in the public sector.

The Committee notes from the Government's last report that the Ministry of Labour and Social Security is already initiating punctual reforms in which this aspect is included. It hopes that these reforms will soon be brought under way and asks to be informed about any progress made.

3. The Committee notes the information in the Government's report concerning Article 8.

4. Article 14. The Committee has noted the measures taken because of the crisis in the generation of electric energy, and that in the meantime the state of emergency and the rationing of electric energy have been suspended. It wishes to be informed whether the conditions concerning the adjustment of working hours have also been repealed.