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

Minimum Wage Fixing Convention, 1970 (No. 131) - Guatemala (Ratification: 1988)

Article 3 of the Convention. Criteria for determining the minimum wage. Further to its previous observation, the Committee notes the Government’s detailed explanations concerning the evolution of the national minimum wage during the period 2000–11 as compared to the evolution of the inflation rate, the cost of the basket of essential foodstuff (canasta básica alimenticia – CBA) and the cost of the basket of essential goods (canasta básica vital – CBV). The Government indicates that, whereas the minimum wage represents the remuneration of an individual worker, the CBA and the CBV are calculated on the basis of a typical household of 5.38 persons, which explains the gap between the respective figures. The Government adds, however, that considering that on average there are two employed persons in every household, the aggregate amount of the minimum wage received covers the basic needs of the household as reflected in the CBA and CBV indicators.

In this regard, the Committee notes the comments made by the Indigenous and Rural Workers Trade Union Movement of Guatemala for the Defence of Workers’ Rights (MSICG), alleging systematic non-compliance with the requirements of the Convention both in law and in practice. The MSICG denounces the establishment of a lower minimum wage rate applicable to the maquilla industry as being discriminatory. The trade union organization also refers to large-scale problems of non-payment of the minimum wage, the widening gap between the minimum wage and the CBV, and the participation of non-representative workers’ organizations in the National Wages Commission (CNS). The Committee requests the Government to transmit any comments it may wish to make in response to the observations of the MSICG.

Moreover, the Committee understands that in September 2011 a Bill on the indexation of the minimum wage was introduced before the National Parliament providing for the annual readjustment of the minimum wage to reflect the evolution of the CBV in the same period. The Committee requests the Government to keep the Office informed of any developments in this regard.

Article 5. Adequate inspection. Further to its previous observation on the need to rigorously and effectively enforce the minimum wage legislation, particularly in the agricultural sector, the Committee notes that in his fourth follow-up report to the National Policy of the Government of Guatemala on Food and Nutrition Security, the Human Rights Ombudsman made special reference to the failure to apply the national minimum wage with respect to indigenous workers and agricultural workers. The Committee also notes the conclusions of the UN Special Rapporteur on the right to food from his 2009 country visit to Guatemala (see Doc. A/HRC/13/33/Add.4, paragraphs 28–30), according to which 50.1 per cent of workers currently receive a salary that is below the legally established minimum wage while the labour inspectorate is significantly under-resourced and unable to monitor compliance with labour legislation. Noting the persistent widespread violations of the minimum wage legislation in rural areas, the Committee requests the Government to provide additional information on any measures taken or envisaged with a view to reinforcing the labour inspection services and ensuring the effective application of the relevant legislation, particularly with regard to indigenous and agricultural workers.