Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Guatemala (Ratification: 1994)

The Committee notes the Government's first report on the application of the Convention. It also notes the interest in the country in providing effective protection for workers of both sexes with family responsibilities. However, so that it can better assess the situation of the legislation and practice relating to the Convention, the Committee would like to receive further information on the following points.

1. Article 3 of the Convention. The Committee asks the Government to provide more information on the practical application of section 151(a) and (b) (on the prohibition of discrimination on the grounds of sex, marital status and family responsibilities) of the Labour Code and on the work of the Labour Inspectorate to monitor protection, and to provide statistics of any infringements recorded, if available.

2. Article 4(a). The Committee asks the Government to report on progress in the repeal of section 114 of the Civil Code (which prevents women from engaging in activities outside the home without the husband's authorization). If the Government plans to replace this provision with another text, the Office is at its disposal to provide technical assistance to ensure that any new provision adopted is in conformity with the principles of the Convention.

3. Article 4(b). The Committee asks the Government to provide information and examples concerning social security benefits for working mothers, and to state whether there are measures compatible with national policy to take account of the needs of workers with family responsibilities in the area of social security. Please also state whether such workers receive social security during parental leave or leave in the event of sickness of a dependent child or relative.

4. Article 5. The Committee asks the Government to supply further details on measures that have been adopted or are envisaged to take account of the needs of workers with family responsibilities (for example, the percentage of child-care facilities in rural areas as compared with urban areas or places where a large proportion of the women work). Please state whether the number of child-care facilities is increasing, whether measures are being taken to increase them, and, if so, to what extent they meet the expectations of the workers.

5. Article 6. The Committee asks the Government to provide more specific information on any measures taken or envisaged to inform and educate public opinion about the specific situation of workers with family responsibilities (for example, samples of the material used for this purpose; coverage by radio or television).

6. Article 7. With regard to measures compatible with national conditions and possibilities, including measures in the fields of vocational guidance and training for workers with family responsibilities, the Committee asks the Government to provide information on how it intends to ensure compliance with this Article of the Convention in the future, since the report contains no information in this respect.

7. Article 8. The Committee notes the information supplied by the Government to the effect that pregnant women and nursing mothers may not be removed from their jobs (section 151(c) of the Labour Code) and asks the Government to indicate how this section is applied. Please indicate whether protection against dismissal extends to workers, men and women, having family responsibilities.

8. Article 9. While acknowledging that this Article is flexible, the Committee nonetheless asks the Government to provide information on the application of the Convention by means other than the law, if any, such as collective agreements, company rules, arbitration awards, judicial decisions.

9. Point IV of the report form. The Government indicates that there have been judicial decisions concerning the principles of the Convention and that they will be sent in due course. The Committee requests the Government to provide copies of such decisions.

10. Point V of the report form. The Committee asks the Government to provide all available statistics in this respect.