Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Protection of Wages Convention, 1949 (No. 95) - Guatemala (Ratification: 1952)

The Committee notes the detailed information and the documents sent in the Government’s report in answer to the observations made by the Trade Union Confederation of Guatemala (UNSITRAGUA). It observes that most of the issues raised by UNSITRAGUA have been bought up in cases before the Committee on Freedom of Association.

In the dispute between UNSITRAGUA and Bocadeli de Guatemala S.A. concerning deductions from the wages of four employees, the Committee takes note of court decision No. 15-05 of 8 March 2005 upholding the decision to order repayment of the amounts improperly deducted from the wages of the employees and requesting the company to refrain from any deductions from wages other than those allowed by law. The Committee also notes that the dispute has been remitted to the court of first instance. The Committee requests the Government to keep it informed of any developments in this matter and provide copies of relevant court decisions.

The Committee notes the information sent by the Government in response to UNSITRAGUA’s observations regarding deductions from wages by the company la Comercial. It notes the Government’s statement that the International Affairs Unit of the Ministry of Labour has carried out an inquiry to ascertain whether the union’s complaint is well founded. The Government specifies that the court that heard the complaint found in favour of the employer and that the latter should be sending its comments to the Government shortly. The Committee requests the Government to report on any developments in this area.

With regard to the dispute between UNSITRAGUA and the coffee exporter CECILIA S.A. concerning the non-payment of the wages of 34 employees between February 2001 and October 2002, the Committee notes court decision No. 2003-2003 OF.. No. 1 of 4 November 2003, appended to the Government’s report, quashing the decision of the lower court and sending the dispute back to the court of origin. The Committee requests the Government to report on any developments in this matter and to provide copies of relevant court decisions.

The Committee further notes the Government’s information that the association Fe y Alegría failed to pay the minimum wages set by agreements Nos. 459-2002 and 765-2003, giving rise to a complaint which is currently being heard by the courts. The Committee requests the Government to report on any developments in this matter.

Lastly, the Committee notes that the Government’s report provides no new information on the matters raised in its direct request of 2001. It accordingly asks the Government to send information in its next report concerning the application of Articles 3 (payment of wages in legal tender), 4 (partial payment of wages in kind), and 7 (company stores) of the Convention.

Parts III and V of the report form. The Committee notes the court decisions sent with the Government’s report. It would be grateful if the Government would continue to provide general information on the application of the Convention including, for instance, extracts of official reports by the labour inspection services containing information on the number and nature of infringements recorded, and on any practical difficulties encountered in implementing the Convention, etc.