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

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

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.

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

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.

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

Article 4 (b) of the Convention. The Committee notes that the Government has stepped up initiatives to ensure that leave granted to care for a sick dependent child or parent is more flexible, and that this is reflected in a considerable number of collective agreements providing for various types of leave of varying duration for workers who have to look after their sick children or dependent parents. The Committee requests the Government to continue taking measures enabling workers to reconcile family and work responsibilities more effectively, and to provide information on their impact.

Article 5. In its previous comments the Committee referred to the employers’ obligations, provided for under the legislation, to create childcare centres when there are more than 30 women working in the enterprise or workplace. On that occasion, the Committee stressed that the Convention’s objective was to secure equality of opportunity and treatment in employment for men and women with family responsibilities and that, consequently, any services and improvements should target both men and women. In this respect, the Committee notes that, according to the Government, the labour inspectorate monitors the application of this principle in situ. The Committee requests the Government to ensure that in practice the employers’ obligation to create day care centres benefits all their employees, both men and women with no distinction on the basis of sex, and asks the Government, within the framework of the Committee for Analysis and Examination for the implementation of obligations arising from Conventions of the International Labour Organization, to consider the possibilities of amending section 155 of the Labour Code so that access to child day-care centres is available to both men and women workers on an equal footing. The Committee also requests the Government to provide information on the application and impact of this provision in practice, as well as on the activities and progress made by the Office for Regulating Child Day-care Centres (ORCID) and any other measure adopted or envisaged to apply the Convention.

Article 6. The Committee notes that, according to the Government, the Ministry of Labour and Social Affairs and other affiliated institutions have websites to inform workers of their rights. Seminars and workshops are also held to raise awareness of the issue. The Committee stresses the importance of promoting information on the Convention in such a way that workers and employers are sufficiently aware of its provisions, so as to achieve an effective application of the principle of the Convention. The Committee requests the Government to continue providing information on the measures taken to promote a broader understanding of the principle of the Convention for organizations of employers and workers.

Article 8. The Committee requests the Government to continue providing information on dismissals on the ground of family responsibilities and on any decisions that might have been handed down.

Article 11. The Committee requests the Government to provide information on any legislative amendments proposed by the Committee for Analysis and Examination for the implementation of obligations arising from Conventions of the International Labour Organization in relation to the application of the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 4(b) of the Convention. With regard to leave to care for a sick dependent child or parent, the Committee notes that Government Decision No. 18-98 regulating the Civil Service Act, which governs the public sector, allows appointing authorities and heads of departments to grant, at their discretion, paid or unpaid leave from one to three months in duration without specifying the grounds. It also notes that, according to the Government, collective agreements lay down the right of all workers without distinction as to sex to take one day of leave with pay in order to deal with personal or administrative matters. The Committee requests the Government to provide information on any measures adopted to promote greater flexibility in the length of such leave to enable workers to reconcile family and occupational responsibilities more effectively.

2. Article 5. With regard to the Office for Regulating Child Day-Care Centres (ORCCID), the Committee notes that this body’s activities concern the authorization, registration, regulation and supervision of the working of Child Day-Care Centres (CCID). It also takes note of the Office’s advisory and supervisory activities, both completed and under way, and its future goals. The Committee observes that the Government provides no information on the practical effect given to the requirement for employers to create childcare centres when there are more than 30 women working in their enterprise or workplace, referred to in the last report. The Committee indicated in this connection that since one of the Convention’s objectives is to secure equality of opportunity and treatment in the professional life of men and women with family responsibilities (General Survey, 1993, paragraph 25), any services and improvements should target both men and women. The Committee trusts that the Government will be able to provide this information in its next report. The Committee requests the Government to take steps to secure the amendment of the requirement for employers to provide childcare centres only when there are more than 30 women working in the enterprise or workplace so that the requirement applies to men and women alike, and thus precludes any distinction on the basis of sex. It hopes that the Government will continue to provide information on progress made by the ORCCID towards achieving its goals and on any other measure adopted or envisaged to implement this provision of the Convention.

3. Article 6. The Committee requests the Government to provide information on the measures taken or envisaged to promote broader understanding of the principle of the Convention through information and education, particularly for organizations of workers and employers.

4. Article 8. The Committee notes the Government’s statement that there have been no reports or complaints to the General Labour Inspectorate of dismissal on the ground of family responsibilities, and that workers of both sexes would in any case be protected against dismissal by Decree No. 57-2002 which prohibits discriminatory acts based on sex, race, ethnic group, language, age, religion, economic situation, illness, disability, marital status or any other grounds, reasons or circumstances, and provides for complaints in this connection to be filed with the Human Rights Ombudsperson. The Committee requests the Government to provide information on any instances of recourse to this procedure for dismissals on the ground of family responsibilities, and on any decisions handed down.

5. Article 11. The Committee notes that the International Labour Affairs Unit has reactivated the Legal Reforms Subcommittee in order to follow up on the  observations and requests of the Committee to align national legislation with the requirements of the Conventions. The Committee asks the Government to keep it informed of the Subcommittee’s proposals to amend the legislation that concern the application of the Convention, and of any other measures adopted or envisaged by the abovementioned unit to give effect to the proposals.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the report submitted by the Government and the 1999 Labour Directives, the report on execution of the project for promotion, dissemination and training on the labour rights and obligations of women of May 1999, which contains a large amount of information on workshops held, radio commercials, television advertisements and the content of seminars which include presentations on ILO Conventions.

2. Article 4(b) of the Convention. The Committee notes that leave of absence in the case of illness of a child or dependent family member is not provided and the Government's statement that there appear to be no national circumstances for establishing through legislation the type of leave referred to in Paragraph 23(1) and (2) of Recommendation No. 165. Nevertheless, the Government recalls that the provisions of the Recommendation may be applied by other means and states that there are currently a large number of collective agreements in which the system of according leave has been improved and extended. Consequently, the Committee requests copies of such collective agreements and information on any other measure adopted to promote this provision of the Convention. The Committee also requests the Government whether it has the intention of applying this leave with or without payment of salary and through appropriate measures, in conformity with national practice in the public administration sector.

3. Article 5. The Committee notes with interest the development of the Community Homes Programme from which 16,050 children benefit and the opening of the Office for Regulating Child Day-Care Centres and requests that the Government keep it informed on the progress of its activities. The Committee also notes the information contained in the Handbook of Rights and Obligations of Working Women, published by the Ministry of Labour and Social Welfare which states, under the chapter "Creation of childcare centres" that it is an obligation of the employer to set up childcare centres when there is a group of more than 30 women working in his enterprise or workplace. The Committee requests precise information on the application of this measure. Furthermore, the Committee wishes to indicate that the measures designed to promote harmonization of labour and family responsibilities, such as childcare services, should not be specific to women. This concept is the basis of Convention No. 156, since both men and women should have equal responsibility for the children and family, and all the services and improvements established in this respect should apply to men as well as to women. The Committee hopes that the Government will take this factor into account in its future measures and requests it to keep the Committee informed on this matter.

4. Article 6. The Committee notes with interest the programmes for promotion, dissemination and training which are being carried out. Referring to the indications in the previous paragraph, it considers that, for the purpose of bringing these programmes into greater conformity with the Convention, they should be directed not only to working women with family responsibilities, but also to workers, without distinction on the basis of sex.

5. Article 8. The Committee also notes that family responsibilities are not included among the valid reasons for termination of employment and that the Government has not indicated in what sense labour legislation could be amended accordingly, in order to guarantee that terminations are not based upon family responsibilities. Some examples on the way in which certain countries have settled this aspect can be found in paragraph 125 of the 1993 General Survey on workers with family responsibilities. The Committee requests the Government to send copies of decisions on appeals made and collective agreements or judicial decisions indicating that family responsibilities cannot constitute a valid reason for termination of employment.

6. Article 11. Please indicate whether the Tripartite Commission on International Labour Matters which operates within the Ministry of Labour has taken part in the preparation and application of the measures adopted to give effect to the provisions of the Convention.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its previous comments regarding Article 4(a) of the Convention, the Committee notes with satisfaction the promulgation of Decree No. 80-98 repealing section 114 of the Civil Code, which provided that the husband could oppose the wife's work when he earned enough to maintain the household.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the report provided by the Government.

1. Article 4(a). The Committee notes the information provided by the Government with regard to the ongoing work of the Congressional Committee on Human Rights in the preparation of draft legislation to repeal section 114 of the Civil Code (which prevents women from engaging in activities outside the home without her husband's permission) and amend certain provisions of the Code pertaining to marriage. The Committee would be grateful if the Government would keep the Committee informed of the progress of this project and provide a copy of the law once it is enacted. The Committee will continue to follow this question under Convention No. 111.

2. Article 4(b). The Government's report states that social security benefits afforded to working mothers include prenatal and postnatal leave with full pay, the right to paid rest periods during the work day, and the right to extended prenatal and postnatal leave where ordered by a physician. In addition to the social security benefits referenced above, section 61(ñ)(3) of the Labour Code requires employers to provide employees with paid parental leave for a two-day period. The Government states that leave permitting workers to care for a sick child or relative is not contemplated by the relevant legislation. Paragraph 23(1) and (2) of the Workers with Family Responsibilities Recommendation (No. 165) provides that it should be possible for a man or woman worker to obtain a leave of absence in the event of illness of a dependent child or in the event of illness of another member of the worker's immediate family who needs that worker's care or support. Accordingly, the Committee requests the Government to consider the adoption of legislation providing for the possibility of paid or unpaid leave under the circumstances contemplated in Paragraph 23(1) and (2) of the Recommendation.

3. Article 5. The Committee again asks the Government to supply further details on measures that have been adopted or are envisaged to take account of the needs of workers with family responsibilities (for example, the percentage of childcare facilities in rural areas as compared with urban areas or places where a large proportion of the women work). The Government is also asked to indicate whether the number of childcare facilities is increasing, whether measures are being taken to increase them and, if so, to what extent they meet the expectations of the workers.

4. Article 6. The Committee notes with interest the Government's statement that the Ministry of Labour and Social Security is currently presenting radio broadcasts informing the Guatemalan public of their rights under the labour laws, including those rights deriving from the Convention. The Committee would be grateful if the Government would continue to keep it informed of the measures taken to implement Article 6 of the Convention, including providing sample copies of educational material disseminated for this purpose.

5. Article 7. The Government indicates that it has not yet implemented any measures under this Article of the Convention. The Committee recalls that the Convention not only envisions the absence of discrimination, but the adoption of measures designed to place men and women workers with family responsibilities on an equal footing with other workers in the areas of training and employment. Such measures may include flexibility in the design, delivery and location of training courses in order to accommodate the restrictions faced by workers with family responsibilities, distance learning, services provided by vocational guidance counsellors that are suitably trained to meet the special needs of workers with family responsibilities, and the provision of adequate childcare and other family services. (See General Survey on workers with family responsibilities, ILO, 1993, paragraphs 96-117). The Government is requested to provide information in detail, in its next report, on the specific measures it has taken or contemplates taking to promote the application of Article 7 of the Convention.

6. Article 8. The Government indicates that, apart from general provisions in the Labour Code protecting men and women workers from unjustified dismissal, there is no legislation protecting men and women workers from termination due to family responsibilities. The Committee suggests that the Government consider modifying its labour legislation to grant working parents, whether natural or adoptive, protection from termination due to family responsibilities, in accordance with Article 8 of the Convention.

7. In its initial report, the Government indicated that there are judicial decisions relevant to the Convention. The Committee again asks the Government to keep the Committee informed of any relevant judicial or administrative decisions rendered and to provide copies of any such decisions.

8. The Committee notes the Government's statements that the Labour Inspectorate ensures the practical application of section 151, paragraphs (a) and (b) of the Labour Code, which prohibit discrimination in offers of employment and in employment, respectively, by analysing advertisements containing offers of employment as well as by carrying out inspections, either de officio or upon receipt of a complaint. The Government is asked to provide detailed information in its next report on the number of complaints filed and inspections conducted relevant to the Convention, the number of violations found, action taken and sanctions imposed, if any.

9. The Government indicates that it has no statistical data with regard to the number and breakdown by sex of workers with family responsibilities who are employed or seeking employment, or concerning the number of childcare and family services and facilities existing or needed. The Committee notes that the Office remains available to provide appropriate technical assistance in this regard.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's first report on the application of the Convention. It also notes the interest in the country in providing effective protection for workers of both sexes with family responsibilities. However, so that it can better assess the situation of the legislation and practice relating to the Convention, the Committee would like to receive further information on the following points.

1. Article 3 of the Convention. The Committee asks the Government to provide more information on the practical application of section 151(a) and (b) (on the prohibition of discrimination on the grounds of sex, marital status and family responsibilities) of the Labour Code and on the work of the Labour Inspectorate to monitor protection, and to provide statistics of any infringements recorded, if available.

2. Article 4(a). The Committee asks the Government to report on progress in the repeal of section 114 of the Civil Code (which prevents women from engaging in activities outside the home without the husband's authorization). If the Government plans to replace this provision with another text, the Office is at its disposal to provide technical assistance to ensure that any new provision adopted is in conformity with the principles of the Convention.

3. Article 4(b). The Committee asks the Government to provide information and examples concerning social security benefits for working mothers, and to state whether there are measures compatible with national policy to take account of the needs of workers with family responsibilities in the area of social security. Please also state whether such workers receive social security during parental leave or leave in the event of sickness of a dependent child or relative.

4. Article 5. The Committee asks the Government to supply further details on measures that have been adopted or are envisaged to take account of the needs of workers with family responsibilities (for example, the percentage of child-care facilities in rural areas as compared with urban areas or places where a large proportion of the women work). Please state whether the number of child-care facilities is increasing, whether measures are being taken to increase them, and, if so, to what extent they meet the expectations of the workers.

5. Article 6. The Committee asks the Government to provide more specific information on any measures taken or envisaged to inform and educate public opinion about the specific situation of workers with family responsibilities (for example, samples of the material used for this purpose; coverage by radio or television).

6. Article 7. With regard to measures compatible with national conditions and possibilities, including measures in the fields of vocational guidance and training for workers with family responsibilities, the Committee asks the Government to provide information on how it intends to ensure compliance with this Article of the Convention in the future, since the report contains no information in this respect.

7. Article 8. The Committee notes the information supplied by the Government to the effect that pregnant women and nursing mothers may not be removed from their jobs (section 151(c) of the Labour Code) and asks the Government to indicate how this section is applied. Please indicate whether protection against dismissal extends to workers, men and women, having family responsibilities.

8. Article 9. While acknowledging that this Article is flexible, the Committee nonetheless asks the Government to provide information on the application of the Convention by means other than the law, if any, such as collective agreements, company rules, arbitration awards, judicial decisions.

9. Point IV of the report form. The Government indicates that there have been judicial decisions concerning the principles of the Convention and that they will be sent in due course. The Committee requests the Government to provide copies of such decisions.

10. Point V of the report form. The Committee asks the Government to provide all available statistics in this respect.