Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Collective Bargaining Convention, 1981 (No. 154) - Guatemala (Ratification: 1996)

The Committee notes the Government's report.

Article 5, paragraph 1, of the Convention. The Committee requests the Government to indicate in its next report whether the Ministerial Agreement No. 001-97, which provides for the establishment of bipartite and tripartite conciliation committees for the prevention, mediation and amicable resolution of disputes between workers and employers in the export processing industry, provides for the creation of similar joint or tripartite bodies in the field of industrial relations in other industries.

Article 5, paragraph 2(a). The Committee notes that paragraph 2(d) of the Regulation of 1994 on the negotiation, approval and denunciation of collective agreements of 1994 concerning terms and conditions of employment in an enterprise or a specific workplace requires that the draft text of collective agreements to be presented to the General Labour Inspectorate accompanied by the decision by which the trade union general assembly concerned has agreed, by a vote of two-thirds of its members, to authorize the members of the executive committee to convene, approve and endorse the draft agreement, definitively or subject to a ballot. The Committee notes that, in this respect, it had criticized this Regulation when it had examined the application of Convention No. 98 by Guatemala and had requested the Government to take the necessary measures to amend the Regulation in question. The Committee proposes to continue examining this matter within the framework of the application of Convention No. 98.

Article 5, paragraph 2(e). The Committee requests the Government to inform it in its next report of developments in respect of the draft text of the Procedural Labour Code to the extent that it affects the functioning of the bodies and procedures to resolve disputes.