Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Employment Policy Convention, 1964 (No. 122) - Guatemala (Ratification: 1988)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report for the period ending June 1992 and the appended labour statistics bulletins for 1990 and 1991. These statistics show that only some 33 per cent of the active population can be considered to be fully employed, 60 per cent are affected by under-employment and the remainder are considered to be unemployed. These figures confirm that a very high proportion of the Guatemalan population are employed in low-productivity and low-income jobs and that poverty and precarious forms of employment are on the increase. In its working paper Guatemala: Políticas de empleo e ingresos en el marco del pacto social (September 1992), PREALC considers that the costs and benefits of structural adjustment and economic recovery programmes during the period 1986-89 were not fairly distributed among the various groups of society.

1. Article 1 of the Convention. In its previous comment, the Committee asked the Government to indicate to what extent the employment objectives included in the policies and actions of the Ministry of Labour and Social Welfare had been attained. In its reply, the Government states that it expects to attain the employment objectives only in the medium term and that, owing to the economic constraints imposed by a fairly tight budget, it is unable to implement these measures as promptly as it would have liked. The Committee trusts that in its next report the Government will provide details of the particular difficulties encountered in pursuing the objectives of full and productive employment and indicate to what extent it has overcome them. The Government may find it useful to refer to the provisions of Recommendations No. 122 and 169 (the text of which can be found in the annex to the report form) which are complementary to Convention No. 122 and contain general guidelines on how to frame an employment policy within the meaning of the Convention. Please also include with the next report the texts defining the current employment policy.

2. The Government states that a regionalization plan was launched in 1993 which provides for the establishment of regional offices for employment and vocational training in the various provinces. Please indicate in the next report how these new offices intervene in labour markets and how they meet the special needs of workers in the various regions and in the urban and rural informal sectors. The Committee asks the Government also to refer to the relevant provisions of the Employment Service Convention (No. 88), 1948 and the Fee Charging Employment Agencies Convention (Revised) (No. 96), 1949, both of which Guatemala has ratified, and to the Committee's latest comments on them.

3. The Committee notes that the dismissal indemnity has been replaced by an annual allowance for private and public sector workers (Congress of the Republic Decree No. 42-92 of 2 July 1992). It would be grateful if the Government would indicate the number of workers affected by this new provision and how many of them have found other jobs.

4. The Committee notes with interest that in August 1991 an ILO project was launched on support for occupational integration and the development of income-generating activities for disabled persons. It would be grateful if the Government would provide information on the results of this project and its impact on the employment of the disabled. The Committee again suggests that the Government might find it useful to refer to the provisions of the ILO instruments of 1983 concerning the vocational rehabilitation and employment of disabled persons (Convention No. 159 and Recommendation No. 168).

5. The Government indicates in its report that the National Office for Women is looking into the implementation of projects for the protection of women and young persons in employment. The statistics sent by the Government show that the situation of women and young workers is particularly worrying. Please indicate whether any special employment programmes are planned for women and unemployed young workers.

6. In its previous report the Government referred to a vocational guidance and training programme. The Committee requested information on measures adopted to coordinate teaching and vocational training policies with employment prospects. In this connection, the Committee would be grateful if the Government would provide information on the training and occupational integration activities of the Technical Institute for Training and Productivity. With regard to these subjects, the Government might find it useful to refer to the instruments concerning human resources development and the Committee's General Survey on them (1991).

7. Article 2. The Committee notes with interest the quality of the statistical information provided by the Government. It notes that with the help of the ILO project GUA/87/024 the Government has now acquired the capacity to collect and process data showing the labour market situation. This information should assist the Government in deciding on and keeping under review, within the framework of a coordinated economic and social policy, the employment policy measures to be adopted, in accordance with Article 2, paragraph (a), of the Convention.

The Government indicates in its report that the Ministry of Labour and Social Welfare is part of the "social cabinet" and that its employment policy must be decided on and implemented within the framework of the Government's economic and social policy. The Committee asks the Government to continue to enclose with its reports any reports, studies, surveys or statistics likely to provide fuller information on how account is taken on the impact of other economic and social policy measures on employment.

8. Article 3. The Government indicates that the consultations required by this important provision of the Convention are held within the Advisory Council of the National Employment and Training Department, which is a tripartite body. The Committee asks the Government in its next report to provide examples of how account is taken of the experience and opinions of the employers' and workers' representatives on the above Council, and its conclusions and recommendations.

The Committee hopes that the next report will contain information on any other initiatives to promote consultations on employment policy, which may include representatives of other sectors of the economically active population such as workers in the rural and informal sectors.

9. Part V of the report form. The Committee refers to the above-mentioned PREALC document of September 1992 on employment and incomes policies in the context of the social pact. The Committee would be grateful if the Government would indicate in its next report how the analyses, suggestions or advice contained in this document have been taken into consideration.