Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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

1. The Committee notes the report submitted by the Government and the 1999 Labour Directives, the report on execution of the project for promotion, dissemination and training on the labour rights and obligations of women of May 1999, which contains a large amount of information on workshops held, radio commercials, television advertisements and the content of seminars which include presentations on ILO Conventions.

2. Article 4(b) of the Convention. The Committee notes that leave of absence in the case of illness of a child or dependent family member is not provided and the Government's statement that there appear to be no national circumstances for establishing through legislation the type of leave referred to in Paragraph 23(1) and (2) of Recommendation No. 165. Nevertheless, the Government recalls that the provisions of the Recommendation may be applied by other means and states that there are currently a large number of collective agreements in which the system of according leave has been improved and extended. Consequently, the Committee requests copies of such collective agreements and information on any other measure adopted to promote this provision of the Convention. The Committee also requests the Government whether it has the intention of applying this leave with or without payment of salary and through appropriate measures, in conformity with national practice in the public administration sector.

3. Article 5. The Committee notes with interest the development of the Community Homes Programme from which 16,050 children benefit and the opening of the Office for Regulating Child Day-Care Centres and requests that the Government keep it informed on the progress of its activities. The Committee also notes the information contained in the Handbook of Rights and Obligations of Working Women, published by the Ministry of Labour and Social Welfare which states, under the chapter "Creation of childcare centres" that it is an obligation of the employer to set up childcare centres when there is a group of more than 30 women working in his enterprise or workplace. The Committee requests precise information on the application of this measure. Furthermore, the Committee wishes to indicate that the measures designed to promote harmonization of labour and family responsibilities, such as childcare services, should not be specific to women. This concept is the basis of Convention No. 156, since both men and women should have equal responsibility for the children and family, and all the services and improvements established in this respect should apply to men as well as to women. The Committee hopes that the Government will take this factor into account in its future measures and requests it to keep the Committee informed on this matter.

4. Article 6. The Committee notes with interest the programmes for promotion, dissemination and training which are being carried out. Referring to the indications in the previous paragraph, it considers that, for the purpose of bringing these programmes into greater conformity with the Convention, they should be directed not only to working women with family responsibilities, but also to workers, without distinction on the basis of sex.

5. Article 8. The Committee also notes that family responsibilities are not included among the valid reasons for termination of employment and that the Government has not indicated in what sense labour legislation could be amended accordingly, in order to guarantee that terminations are not based upon family responsibilities. Some examples on the way in which certain countries have settled this aspect can be found in paragraph 125 of the 1993 General Survey on workers with family responsibilities. The Committee requests the Government to send copies of decisions on appeals made and collective agreements or judicial decisions indicating that family responsibilities cannot constitute a valid reason for termination of employment.

6. Article 11. Please indicate whether the Tripartite Commission on International Labour Matters which operates within the Ministry of Labour has taken part in the preparation and application of the measures adopted to give effect to the provisions of the Convention.