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

Hours of Work (Industry) Convention, 1919 (No. 1) - Guatemala (Ratification: 1988)

1. Referring to the Government’s report and the information provided in reply to its previous comments, the Committee observes with regret continued failure to comply with the requirements of Article 6 of the Convention in that the Labour Code, section 122 of which provides that a working day including overtime must not exceed 12 hours, still does not determine the circumstances in which overtime may be worked and the maximum number of overtime hours which may be authorized in each instance. The Committee expresses the hope that the various committees consulted on the matter will soon be in the position to present their conclusions, and it urges the Government to make every effort to take the appropriate steps in the very near future.

2. The Committee notes the observation made by the Trade Union of Workers of Guatemala (UNSITRAGUA) in August 2003 and transmitted to the Government on 8 October 2003, maintaining that, although a number of undertakings fix production targets, which can only be reached by overtime work sometimes exceeding 12 hours per day, they pay the minimum wage or wages calculated on the basis of piece-work, as provided for under section 88(b) of the Labour Code. The Union further observes that in guarding and security services of industrial undertakings shifts of 24 hours alternate with rests of 24 hours and that the Labour Ministry authorizes collective agreements containing working conditions as described before.

The Committee invites the Government to comment on the observations communicated by UNSITRAGUA.