Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Guatemala (Ratification: 1961)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 10 of the Convention. System of inspection and supervision. The Committee notes the comments of the General Confederation of Workers of Guatemala (CGTG), which were received on 30 August 2013 and transmitted to the Government on 18 September 2013, concerning the application of the Convention. The CGTG refers to specific cases of commercial enterprises failing to pay for the annual leave of their employees, in some cases for years, without being controlled or punished by the labour inspection services. While noting that none of the cases of the alleged non-payment of holiday pay concerns an agricultural enterprise, the Committee requests the Government to transmit any comments it may wish to make in response to the observations of the CGTG.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 10 of the Convention. System of inspection and supervision. Further to its previous comment concerning the observations made by the Trade Union Confederation of Guatemala (UNSITRAGUA), the Committee notes the Government’s indication that the General Labour Inspectorate effectively supervises the application of the provisions of the labour legislation. During inspections carried out in response to a complaint or programmed inspections, labour inspectors check not only that holidays have been granted and paid, but also that the bonus provided for by Legislative Decree No. 37-2001 (Bonificación Incentivo) is also paid. If this is not the case, the legal section of the General Labour Inspectorate sends the report (Incidente de Falta Laboral) to the labour and social security courts, which impose adequate sanctions for violations of the labour legislation. In this regard, the Committee notes the detailed information provided by the Government concerning the number of violations reported in connection with the payment and granting of holidays for the period 2007–08 and notes the very low number of violations reported in the agricultural sector (two cases in 2007 and one in 2008). The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts from the reports of the inspection services indicating the number of inspections carried out, contraventions reported relating to annual holidays with pay in the agricultural sector and the sanctions imposed, information concerning the number of agricultural workers covered by the legislation, etc.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the observation communicated by the Trade Union of Workers of Guatemala (UNSITRAGUA) in August 2003, transmitted to the Government on 8 October 2003, maintaining, among others, that: (a) the statutory annual holiday with pay of 15 working days in practice is not granted at all or granted in such a way that working as well as non-working days are calculated as holidays; (b) reimbursement provided for under Decree No. 37-2001 is not included in holiday pay.

The Committee invites the Government to indicate its position on these observations.