Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) - Guatemala (Ratification: 1961)

Article 6 of the Convention. Overtime. Further to its previous comments on the observations submitted by the Trade Union Confederation of Guatemala (UNSITRAGUA) about the hours of work and overtime of judges and auxiliary staff of law courts, the Committee notes the information supplied by the Supreme Court of Justice that in the event of overtime or work done on weekly rest days or  holidays, the abovementioned personnel in all instances have compensatory rest (to be taken in the course of the following week), as provided in article 32 of the collective agreement on conditions of work concluded between the state judicial body and the union of its workers (STOJ), or else special remuneration. With regard to UNSITRAGUA’s observations on unpaid overtime, mainly in banks and in respect of certain categories of public employees engaged in office work, the Committee notes the information from the Government that the Ministry of Labour and Social Welfare has held consultations in a number of banking establishments. It is clear from these consultations and from communications sent by the representatives of a number of national banks that overtime is paid, or else the general labour inspectorate brings legal action to seek redress and obtain sanctions. The Committee asks the Government to refer to its comments under Convention No. 1 in which it noted serious and persistent problems in applying the Convention, particularly with regard to maximum daily hours of work.

Part V of the report form. Practical application. The Committee notes the detailed information sent by the Government on inspections carried out in the banking sector and in the judiciary for the period 2007–08. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied, including extracts of reports by the labour inspection services indicating the number or workers covered by the relevant legislation, the number of contraventions reported in the areas covered by the Convention and the penalties imposed, etc.