Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Maternity Protection Convention (Revised), 1952 (No. 103) - Guatemala (Ratification: 1989)

Article 3, paragraphs 2 and 3, of the Convention. The Committee notes that the Government’s report does not contain information in reply to its previous comments on the measures adopted or envisaged to supplement section 152 of the Labour Code to make explicit provision for the compulsory nature of postnatal leave during a period of at least six weeks after confinement, in accordance with these provisions of the Convention. It trusts that the Government will not fail to provide the information requested in its next report.

Article 4, paragraph 1. In its previous comments, the Committee noted that the Ministry of Labour and Social Insurance had requested the Guatemalan Social Security Institute (IGSS) to examine the possibility of repealing the provisions authorizing the suspension of benefit in the event of "clearly anti-social behaviour" by the beneficiary (section 48 of the Regulations on sickness and maternity protection, section 149 of the Regulations on medical assistance and section 71 of the Regulations on cash benefits). In view of the fact that the Government’s report does not contain any information on the effect given by the IGSS to this request, the Committee trusts that the Government will not fail to indicate in its next report the measures adopted or envisaged to repeal the above provisions so as to give better effect to the Convention on this point.

Article 4, paragraphs 4, 5 and 8. In its previous comments, the Committee emphasized the need to amend the legislation in force which allows the employer to be required to bear the cost of maternity benefits for women workers who are not yet covered by the social security scheme (Chapter X, section 10, of the Basic Act respecting the IGSS) and for women workers who are covered by the social security scheme but have not completed the requisite qualifying period (section 23 of the Regulations on sickness and maternity protection and section 24 of the Regulations on cash benefits). The Government states in its last report that it has informed the administrative board of the IGSS of the need to undertake actuarial studies on this subject, although in view of the economic crisis affecting the country, the payment of benefit out of public assistance funds remains impossible for the time being. The Committee notes this information and trusts that the Government will make every effort to bring its law and practice into full conformity with the Convention in the near future. Please provide copies of the above actuarial studies. (See also the observation that the Committee is making concerning Article 1 of the Convention.)

Article 6. In reply to the Committee’s previous comments, the Government, after referring to the employment protection from which women benefit during their maternity leave, indicates that it is its intention in the near future to harmonize section 46 of the Regulations on sickness and maternity protection and the Labour Code. The Committee notes this information. It hopes that the necessary measures will be taken in the near future to supplement section 151 of the Labour Code with a provision which takes fully into account the provisions of Article 6 of the Convention.

[The Government is asked to reply in detail to the present comments in 2005.]