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

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

1. Article 4(b) of the Convention. With regard to leave to care for a sick dependent child or parent, the Committee notes that Government Decision No. 18-98 regulating the Civil Service Act, which governs the public sector, allows appointing authorities and heads of departments to grant, at their discretion, paid or unpaid leave from one to three months in duration without specifying the grounds. It also notes that, according to the Government, collective agreements lay down the right of all workers without distinction as to sex to take one day of leave with pay in order to deal with personal or administrative matters. The Committee requests the Government to provide information on any measures adopted to promote greater flexibility in the length of such leave to enable workers to reconcile family and occupational responsibilities more effectively.

2. Article 5. With regard to the Office for Regulating Child Day-Care Centres (ORCCID), the Committee notes that this body’s activities concern the authorization, registration, regulation and supervision of the working of Child Day-Care Centres (CCID). It also takes note of the Office’s advisory and supervisory activities, both completed and under way, and its future goals. The Committee observes that the Government provides no information on the practical effect given to the requirement for employers to create childcare centres when there are more than 30 women working in their enterprise or workplace, referred to in the last report. The Committee indicated in this connection that since one of the Convention’s objectives is to secure equality of opportunity and treatment in the professional life of men and women with family responsibilities (General Survey, 1993, paragraph 25), any services and improvements should target both men and women. The Committee trusts that the Government will be able to provide this information in its next report. The Committee requests the Government to take steps to secure the amendment of the requirement for employers to provide childcare centres only when there are more than 30 women working in the enterprise or workplace so that the requirement applies to men and women alike, and thus precludes any distinction on the basis of sex. It hopes that the Government will continue to provide information on progress made by the ORCCID towards achieving its goals and on any other measure adopted or envisaged to implement this provision of the Convention.

3. Article 6. The Committee requests the Government to provide information on the measures taken or envisaged to promote broader understanding of the principle of the Convention through information and education, particularly for organizations of workers and employers.

4. Article 8. The Committee notes the Government’s statement that there have been no reports or complaints to the General Labour Inspectorate of dismissal on the ground of family responsibilities, and that workers of both sexes would in any case be protected against dismissal by Decree No. 57-2002 which prohibits discriminatory acts based on sex, race, ethnic group, language, age, religion, economic situation, illness, disability, marital status or any other grounds, reasons or circumstances, and provides for complaints in this connection to be filed with the Human Rights Ombudsperson. The Committee requests the Government to provide information on any instances of recourse to this procedure for dismissals on the ground of family responsibilities, and on any decisions handed down.

5. Article 11. The Committee notes that the International Labour Affairs Unit has reactivated the Legal Reforms Subcommittee in order to follow up on the  observations and requests of the Committee to align national legislation with the requirements of the Conventions. The Committee asks the Government to keep it informed of the Subcommittee’s proposals to amend the legislation that concern the application of the Convention, and of any other measures adopted or envisaged by the abovementioned unit to give effect to the proposals.