Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Article 3 of the Convention. National policy. The Committee requests the Government to provide information on the specific measures adopted or envisaged in the framework of the National Policy for the Advancement and Comprehensive Development of Women and the Equality of Opportunity Plan (2008–23) with a view to ensuring that persons with family responsibilities who are engaged or wish to engage in employment can exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their family and work responsibilities.

Article 4(b). Needs of workers in relation to terms and conditions of employment and social security. The Committee requests the Government to provide information on the various measures that have been adopted with a view to taking account of the needs of men and women workers with family responsibilities in relation to terms and conditions of employment and social security in order to enable them to better reconcile their family and work responsibilities.

Article 5. Services and benefits for the care of children and other family members. In its previous comments, the Committee asked the Government to provide information on the application of section 155 of the Labour Code of 1971, which requires employers to create childcare centres when there are more than 30 women working in the enterprise or workplace, and on the activities carried out by the Office for Regulating Child Day-care Centres, now called the Department for Regulating Child Day-care Centres. The Committee notes the Government’s indication that it has created a diploma for women specialized in providing care to young infants for women with family responsibilities with low educational levels, so as to help these women reintegrate into the labour market while increasing the provision of care for young children in childcare facilities. There are currently 388 child day-care centres. The Committee requests the Government to take the necessary measures to guarantee in practice that the obligation of employers to create child day-care centres benefit all workers, both men and women, without discrimination on the basis of sex, and to consider the possibility of amending section 155 of the Labour Code to ensure that child day-care centres are available to both men and women workers. The Committee requests the Government to provide information on any other measures adopted as well as information on any childcare or family support services established.

Article 6. Recalling the importance of taking appropriate measures to promote the better understanding of the principles of the Convention among workers and employers in order to achieve effective application of the principle of equality of opportunity and treatment in employment for men and women without conflict with their family responsibilities, the Committee requests the Government to provide information on the specific measures taken to promote the better understanding of the principles of the Convention among the general public and employers’ and workers’ organizations.

Article 8. The Committee notes the statistical information provided by the Government in the framework of the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), on the complaints made to the labour inspectorate by women dismissed during their lactation period. The Committee recalls that family responsibilities shall not, as such, constitute a valid reason for termination of employment. The Committee requests the Government to provide statistical data on the complaints made to the administrative or judicial authorities regarding dismissals on grounds of family responsibilities, the action taken, penalties imposed and compensation granted.

Articles 9 and 11. The Committee requests the Government to report any collective agreements, measures or proposals made by workers’ and employers’ organizations in relation to the application of the Convention.