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

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

The Committee notes the report provided by the Government.

1. Article 4(a). The Committee notes the information provided by the Government with regard to the ongoing work of the Congressional Committee on Human Rights in the preparation of draft legislation to repeal section 114 of the Civil Code (which prevents women from engaging in activities outside the home without her husband's permission) and amend certain provisions of the Code pertaining to marriage. The Committee would be grateful if the Government would keep the Committee informed of the progress of this project and provide a copy of the law once it is enacted. The Committee will continue to follow this question under Convention No. 111.

2. Article 4(b). The Government's report states that social security benefits afforded to working mothers include prenatal and postnatal leave with full pay, the right to paid rest periods during the work day, and the right to extended prenatal and postnatal leave where ordered by a physician. In addition to the social security benefits referenced above, section 61(ñ)(3) of the Labour Code requires employers to provide employees with paid parental leave for a two-day period. The Government states that leave permitting workers to care for a sick child or relative is not contemplated by the relevant legislation. Paragraph 23(1) and (2) of the Workers with Family Responsibilities Recommendation (No. 165) provides that it should be possible for a man or woman worker to obtain a leave of absence in the event of illness of a dependent child or in the event of illness of another member of the worker's immediate family who needs that worker's care or support. Accordingly, the Committee requests the Government to consider the adoption of legislation providing for the possibility of paid or unpaid leave under the circumstances contemplated in Paragraph 23(1) and (2) of the Recommendation.

3. Article 5. The Committee again 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 childcare facilities in rural areas as compared with urban areas or places where a large proportion of the women work). The Government is also asked to indicate whether the number of childcare facilities is increasing, whether measures are being taken to increase them and, if so, to what extent they meet the expectations of the workers.

4. Article 6. The Committee notes with interest the Government's statement that the Ministry of Labour and Social Security is currently presenting radio broadcasts informing the Guatemalan public of their rights under the labour laws, including those rights deriving from the Convention. The Committee would be grateful if the Government would continue to keep it informed of the measures taken to implement Article 6 of the Convention, including providing sample copies of educational material disseminated for this purpose.

5. Article 7. The Government indicates that it has not yet implemented any measures under this Article of the Convention. The Committee recalls that the Convention not only envisions the absence of discrimination, but the adoption of measures designed to place men and women workers with family responsibilities on an equal footing with other workers in the areas of training and employment. Such measures may include flexibility in the design, delivery and location of training courses in order to accommodate the restrictions faced by workers with family responsibilities, distance learning, services provided by vocational guidance counsellors that are suitably trained to meet the special needs of workers with family responsibilities, and the provision of adequate childcare and other family services. (See General Survey on workers with family responsibilities, ILO, 1993, paragraphs 96-117). The Government is requested to provide information in detail, in its next report, on the specific measures it has taken or contemplates taking to promote the application of Article 7 of the Convention.

6. Article 8. The Government indicates that, apart from general provisions in the Labour Code protecting men and women workers from unjustified dismissal, there is no legislation protecting men and women workers from termination due to family responsibilities. The Committee suggests that the Government consider modifying its labour legislation to grant working parents, whether natural or adoptive, protection from termination due to family responsibilities, in accordance with Article 8 of the Convention.

7. In its initial report, the Government indicated that there are judicial decisions relevant to the Convention. The Committee again asks the Government to keep the Committee informed of any relevant judicial or administrative decisions rendered and to provide copies of any such decisions.

8. The Committee notes the Government's statements that the Labour Inspectorate ensures the practical application of section 151, paragraphs (a) and (b) of the Labour Code, which prohibit discrimination in offers of employment and in employment, respectively, by analysing advertisements containing offers of employment as well as by carrying out inspections, either de officio or upon receipt of a complaint. The Government is asked to provide detailed information in its next report on the number of complaints filed and inspections conducted relevant to the Convention, the number of violations found, action taken and sanctions imposed, if any.

9. The Government indicates that it has no statistical data with regard to the number and breakdown by sex of workers with family responsibilities who are employed or seeking employment, or concerning the number of childcare and family services and facilities existing or needed. The Committee notes that the Office remains available to provide appropriate technical assistance in this regard.