Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Guatemala (Ratification: 1994)

The Committee also refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they are also concerned with the application of the present Convention.

The Committee notes the observations of the Guatemalan Union, Indigenous and Peasant Movement (MSICG), received on 3 September 2014. In this respect, the Committee refers to its comments under Convention No. 81. It further notes the observations made by the Trade Union of Workers of Guatemala (UNSITRAGUA), received by the Office on 22 October 2014. The Committee requests that the Government provide its comments on this subject.

Articles 6(1)(a)–(b) and (2), 21, 23, 24 and 27(e). Inspection of working and living conditions in agricultural undertakings, advisory services provided by inspectors and frequency of inspections. In its previous comments, the Committee requested that the Government provide information on the inspections carried out, including in banana plantations, and their results, including supervision of compliance with the legal provisions on freedom of association. The Government indicates that in 2013 the first plan of focused and regional inspections was implemented, as a consequence of which 54,989 interventions were carried out, of which 36,884 were performed by the inspection unit and 18,105 by the conciliation unit. In the course of these interventions, verification was obtained separately in respect of payment of the minimum wage, social security registration, and the worst forms of child labour in various sectors, including the agricultural sector. Interventions were carried out in 1,561 agricultural, export and maquiladora (in export processing zones) enterprises, during which ten young persons between 14 and 17 years of age and no children under this age were identified. From the information provided by the Government in its report, it appears that this plan is aligned with the operations undertaken in support of the national policy on food security to verify compliance with the payment of minimum wages and other statutory benefits in agricultural and agro-exporting undertakings. However, the Committee considers that the information provided does not provide a clear idea of inspection activities, and particularly inspections carried out by labour inspectors in agricultural undertakings. The Committee once again requests the Government to provide information on the inspections carried out and the information and advisory activities specifically undertaken in agricultural undertakings (including banana plantations), as part of the ordinary plan, including with reference to the enforcement of provisions on freedom of association, with an indication of the number of inspections carried out by inspectors in undertakings, the violations reported and the respective legislation, and the penalties imposed. It also requests the Government to provide information on the number and situation of agricultural undertakings liable to inspection (Article 14(a)(i)) and the number and categories of workers in those undertakings (Article 14(a)(ii)), the criteria used for planning inspections in agricultural undertakings and the measures adopted to ensure that they are carried out with the necessary thoroughness and frequency to ensure compliance with the respective legal provisions, as required by Article 21 of the Convention.

Article 9(3). Requirement of specific training for labour inspectors in agriculture. In its previous comments, the Committee requested that the Government take the necessary measures without delay to ensure that labour inspectors in agriculture receive initial training and specific further training suited to the duties they perform and which cover the human, environmental and technical aspects of their work. The Government has provided information on the training organized for inspectors at the national level between 2010 and 2013. From this information, the Committee observes that only one training activity on the use and application of the inspection protocol for agriculture was organized in the city of Guatemala; 21 inspectors from various delegations participated in this training between 26 and 27 July 2010. The Committee therefore once again requests that the Government adopt relevant measures to ensure that labour inspectors receive initial training and the opportunity for further training during the course of their employment which is suited to the discharge of their duties in agriculture, and which takes into account developments in technology and working methods (risks of accidents and pathologies inherent, in particular, to the use of machinery and tools and the handling of chemical products and substances).

Article 15(1)(b) and (2). Transport facilities and reimbursement of travel expenses to inspectors. In its previous comments, the Committee requested that the Government describe the transport facilities assigned specifically to labour inspectors in agriculture and the procedure for reimbursing the travel expenses necessary for the performance of their duties. The Committee notes that the Government has not provided any information on the transport facilities available at the labour inspectorate. However, it notes that the Government indicates that priority has been given to covering, among other items, the travel expenses and fuel of inspectors. With reference to the payment of travel expenses, the Committee notes that this is done on a case-by-case basis through the submission of a duly completed form to the supervisor, who in turn forwards it to the departmental delegate, who then forwards it to the general labour inspector or the departmental director for their signature. The general labour inspector or the departmental director, as appropriate, returns the form on the following working day. Once signed by the inspector’s superior, payment is sent to the Accounts Department of the Financial Administration Unit of the Ministry of Labour and Social Welfare. The Committee once again requests the Government to describe the transport facilities available to labour inspectors for the performance of their duties in agriculture and their geographical distribution.

Articles 26 and 27. Annual report on the work of the labour inspection services in agriculture. The Committee notes that the Government has not provided the annual report. The Committee urges the Government to ensure that the central inspection authority adopts the necessary measures for the publication and communication to the ILO, within the time limits set out in Article 26, of an annual report on the work of the labour inspection services in agriculture, either as a separate report or as part of its general annual report, containing the information required by Article 27. The Committee invites the Government to consider the possibility, if necessary, of having recourse to the technical assistance of the Office for this purpose.

The Committee is raising other matters in a request addressed directly to the Government.