Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee takes note of the supplementary information provided by the Government in light of the decisions adopted by the Governing Body at its 338th Session (June 2020). The Committee proceeded with the examination of the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Article 3 of the Convention. National policy. In its previous comments, the Committee requested 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 (PNPDIM) and the Equality of Opportunity Plan (PEO) 2008-23 with a view to ensuring that persons with family responsibilities who are engaged in employment 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. In its report and the supplementary information provided, the Government indicates that the Presidential Secretariat for Women (SEPREM): (1) has adjusted its terms of reference, establishing and at the same time giving priority to the National System for Equality between Men and Women (SNEHM); and (2) has prepared a Strategic Agenda for the Economic Empowerment of Women, including policies and guidance to promote co-responsibility by men and women for the care of children and other family duties that are often assigned to women. The Committee notes this information and requests the Government to provide information on the specific measures adopted to give effect to the Strategic Agenda for the Economic Empowerment of Women and the National System for Equity between Men and Women with a view to ensuring that persons with family responsibilities who are engaged in 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. The Committee also requests the Government to provide information on the mandate and activities of the National System for Equity between Men and Women (SNEHM).

Article 4(b). Needs of workers in relation to terms and conditions of employment and social security. The Committee previously requested the Government to provide information on the various measures 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. The Government has provided information on the Sickness, Maternity and Accident Programme (EMA), the Invalidity, Old-age and Survivors’ Programme (IVS) and the Special Programme for the Protection of Women Domestic Workers in Private Houses (PRECAPI), as well as statistics on beneficiaries in 2016 and 2017. In its supplementary report, it also refers to the updating of the National Plan for the Prevention and Eradication of Violence against Women (PLANOVI 2020-29), approved in November 2019 by the National Coordinator for the Prevention of Violence in the Family and against Women (CONAPREVI). The Committee notes this information. With reference to terms and conditions of work, the Committee recalls that many of the measures to be adopted relate to working hours, working arrangements and leave based on a recognition that such measures can benefit both workers and employers. Work organization and leave are key factors that can help to facilitate work-life balance (for example, flexible work schedules, worktime banks, telework and family leave). With regard to social security, the Committee notes that it plays a crucial role in implementing flexible working and leave arrangements by ensuring income support and access to medical care for workers and their families during periods of leave and beyond (for example, maternity benefits, paternity or parental allowances, childcare allowances or subsidies, family benefits, home care allowances, disability care allowances and carers’ allowances, as well as various tax credits, subsidies and grants). It has been found that the lack of access to adequate benefits discourages in particular men from taking up family-friendly leave and work arrangements. As for women, they all too often work in forms of employment that are outside the scope of social security coverage or have only limited entitlement to social security (general observation on the Convention, 2019). The Committee requests the Government to provide information on: (i) the number of men and women who avail themselves of their right to maternity and paternity leave, and the number of men and women employees who request new working time arrangements, a reduction in working time or the possibility of teleworking so as to better reconcile work and family responsibilities; and (ii) the specific measures adopted to take into account the needs of men and women workers in relation to terms and conditions of employment and social security.

Article 5(b). Services and benefits for the care of children and other family members. In its previous comment, the Committee requested the Government to report on the possibility of amending section 155 of the Labour Code to ensure that child day-care centres are available for both men and women workers, and to provide information on any other childcare or family support measures or services established. In this regard, the Government indicates that: (1) it consulted the employer representatives on the National Tripartite Committee on Labour Relations and Freedom of Association on the measures adopted to promote the principles set out in the Convention; (2) it communicated to the Labour Legislation and Policy Subcommittee of the National Tripartite Committee on Labour Relations and Freedom of Association the suggestions made by the Committee to the Government of Guatemala for legislative amendments (section 155 of the Labour Code); and (3) the Child Day-Care Centres (CCID), which care for children between two and 48 months of age in the public and private sectors at the national level, provided care for 2120 children in 2015, 8832 in 2018 and 3200 in 2019. Finally, the Committee notes that action taken by the Secretariat for Social Welfare for the provision of assistance to young children and to families, children and young persons between 2018 and 2020, and the progress and results of the Child Day-Care Centres, and particularly the measures adopted to prevent and contain COVID-19. The Committee requests the Government to provide information on: (i) any progress in relation to the possibility of amending section 155 of the Labour Code to ensure that child day-care centres are also available for men workers, and not only for women workers; and (ii) the outcome of the consultation with the employer representatives on the National Tripartite Committee on Labour Relations and Freedom of Association concerning any measures adopted to promote the principles set out in the Convention.

Article 6. Promotional measures. The Committee once again requests the Government to provide information on concrete measures adopted to promote through information and education a better understanding by the public of the principle of equality of opportunity and treatment for men and women workers with family responsibilities.

Article 8. Family responsibilities as a reason for termination of employment. In its previous comment, the Committee requested the Government to provide statistical data on the complaints made to administrative or judicial authorities relating to dismissals on grounds of family responsibilities, the action taken, penalties imposed and compensation granted. The Government indicates that there were no complaints recorded specifically relating to dismissals on grounds of family responsibilities.

Articles 9 and 11. Application of the Convention. Participation of employers’ and workers’ organizations. The Committee previously requested the Government to report any collective agreements, measures or proposals made by workers’ and employers’ organizations in relation to the application of the Convention. The Committee notes the 18 collective agreements provided by the Government, which include provisions on some of the subjects covered by the Convention.

The Committee draws the attention of the Government to its general observation adopted in 2019, recalling the relevance, importance and practical usefulness of the principles laid down in the Convention, and its accompanying Recommendation (No. 165), whose aim is to ensure that all workers with family responsibilities – women as well as men – are not disadvantaged in relation to other workers and, in particular, that women with family responsibilities are not disadvantaged in comparison to men with family responsibilities. Recalling the ILO Centenary Declaration for the Future of Work’s aim to achieve gender equality at work through a transformative agenda and stressing the importance of the Convention in achieving this goal, the Committee calls for member States, and employers’ and workers’ organizations, to strengthen efforts towards specific goals.