Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 3 of the Convention. Payment of wages in legal tender. The Committee has for the last ten years been drawing the Government’s attention to section 90 of the Labour Code which is not fully consistent with this Article of the Convention as it permits employers to issue promissory notes, vouchers and other similar means provided that at the end of each pay period the employer exchanges the said tokens for the exact equivalent in legal currency. Noting that the Government has once more failed to provide any new information in this respect, the Committee requests the Government to take all necessary measures without further delay in order to amend the relevant provision of the Labour Code and prohibit the payment of wages in the form of promissory notes in all circumstances.

Article 4. Partial payment of wages in kind. The Committee has also been commenting on the absence of a provision in the Labour Code expressly prohibiting wage payment in the form of liquor of high alcoholic content or of noxious drugs in any circumstances, as required under this Article of the Convention. Moreover, the Committee has been commenting on section 90 of the Labour Code which provides that any benefits in kind given to employees, other than agricultural workers, in return for their services will be deemed to make up 30 per cent of the total amount of wage payable, without however prescribing any conditions for such payments. In the absence of any new information on this point, the Committee again requests the Government to take appropriate action to ensure that the national legislation gives full effect to the requirements of Article 4 of the Convention.

Article 7(2). Works stores. In its previous comments, the Committee asked the Government to indicate any measures taken to ensure that goods and services in company stores are provided at fair and reasonable prices and that such stores are not operated for the purpose of securing profit. As the Government’s report is silent on this point, the Committee again requests the Government to specify how works stores are regulated in law and in practice, and to transmit sample copies of any collective agreements containing relevant clauses.

Articles 8 and 12. Deductions from wages. Payment of wages at regular intervals. The Committee notes the detailed explanations provided by the Government concerning a number of labour disputes, referred to in earlier communications of the Trade Union Confederation of Guatemala (UNSITRAGUA) concerning the timely payment of wages and deductions from wages. The Committee would be grateful if the Government would keep the Office informed of further developments with respect to those cases still pending before the courts and transmit copies of any relevant judicial decisions.