Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Minimum Age Convention, 1973 (No. 138) - Guatemala (Ratification: 1990)

With reference to its observation, the Committee asks the Government to supply further information on the following points.

Article 3(1) and (2) of the Convention. In reply to the Committee's previous request concerning the kinds of work likely to jeopardize the health, safety or morals of young persons, the Government has supplied a copy of the Regulation of Occupational Hygiene and Safety. The Committee notes that the Regulation provides for the measures to be taken to ensure safety and health at work in general but does not include any list of work prohibited for young persons under 18 years of age. The Committee requests the Government to supply information on any Regulation or decision by the General Labour Inspection made under section 148(a) of the Labour Code.

Article 7. Regarding the conditions to be fulfilled for the granting of written exceptions by the General Labour Inspection to the minimum age of 14 years under section 150 of the Labour Code, the Committee notes that the Agreement to establish the National Commission for Minors supplied by the Government contains no provision regulating or limiting the work of minors under 12 years old, or the work of persons above the age of 14 years who have not yet completed their compulsory education. It also notes that the form for authorization of work for minors mentions the necessity of a written authorization for children under 14 years of age (section 150 of the Labour Code), but does not refer to the conditions upon which such authorization may be granted, that is, relating to light work for its duration and intensity, compatible with the physical, mental and moral health of the minor, and how the requirement of compulsory education is fulfilled (section 150(2), paragraphs (b) and (c)). The Committee recalls that Article 7(3) of the Convention requires the competent authority to determine the activities in which the exceptions for light work may be permitted, and to prescribe the conditions of such work. The Committee asks the Government to supply information on measures taken in this respect.

Finally, the Committee requests the Government to continue to supply information on the application of the Convention in practice, including, for example, statistical data and inspection reports.