Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guatemala (Ratification: 1952)

The Committee notes the Government’s report and the report of the direct contacts mission carried out in Guatemala from 23 to 27 April 2001. The Committee also notes the comments of 8 June 2001 submitted by the Trade Unions and People’s Action Unit (UASP) and the Government’s reply thereto. The Committee asks the Government to enlarge on its reply by answering the UASP’s questions point by point.

The Committee notes with satisfaction the adoption by the Congress of the Republic of Legislative Decree No. 13-2001 of 25 April (during the direct contacts mission), which responds to a request from the Committee by eliminating (pursuant to new section 222 of the Labour Code) the requirement of two-thirds of the union’s membership in order for a draft collective agreement to be negotiated and signed, as prescribed in regulation 2(d) of the Regulations on Collective Agreements, of 19 May 1994.

The Committee notes with interest the adoption of Legislative Decree No. 18-2001 of 14 May which substantially reinforces the obligation to reinstate workers dismissed on trade union grounds and the penalties for breach of the Labour Code which are based on a variable number of minimum wages.

The Committee nonetheless observes that the reform does not address another point raised concerning the legislation: the lack of any consultation procedure (in the context of collective bargaining in the public sector, regulated by Legislative Decree No. 35-96), to enable trade unions to express their views to the financial authorities so that the latter may take due account of them in preparing the budget. The Committee asks the Government to take steps to have such consultations guaranteed by law.

Regarding the question raised in the mission report, concerning the failure to comply with final court decisions ordering the reinstatement in their jobs of workers dismissed for trade union activities, the Committee asks the Government to take steps to have section 414 of the Penal Code amended so as to strengthen the penalties for failure to obey the orders and sentences of the judicial authority (currently punishable by fines, the amounts of which are quite out of date), and so that final decisions imposing penalties for anti-trade union persecution are effectively complied with.

The Committee notes that, according to the mission report, there are three drafts or preliminary drafts of a code of procedure for labour matters, the purpose of which is to overcome the delays and inefficiencies of judicial procedures, particularly in the event of anti-union discrimination. The Committee asks the Government and the social partners to hold discussions as to the most appropriate procedures as soon as possible and to keep it informed of developments regarding whichever draft is adopted.