Solicitud directa (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre el contrato de enrolamiento de los pescadores, 1959 (núm. 114) - Guatemala (Ratificación : 1961)

Article 3(1) of the Convention. Articles of agreement in writing. The Committee takes note of the standard articles of agreement for fishers that has been established by the Ministry of Labour and Social Affairs. It notes that this document does not contain any clauses concerning the provisions supplied to the fisher, as provided for under section 7(g) of Government Order 10-80 of 9 May 1980, which gives effect to Article 6(3)(g) of the Convention. Furthermore, the standard agreement contains a clause referring to the fisher’s wage, but does not contain any provision concerning the way this wage is calculated if the fisher is remunerated on the basis of a share of the catch, as provided for under section 7(h) of Government Order 10-80 and Article 6(3)(h) of the Convention. The Committee requests the Government to indicate if it envisages including these two references in the standard articles of agreement for fishers, particularly in view of the fact that these workers are frequently remunerated on the basis of a share of the catch. In this respect, the Committee draws the Government’s attention to Articles 16 to 20 and Annex II of the Work in Fishing Convention, 2007 (No. 188), which contain provisions similar to those of Convention No. 114, especially with respect to the particulars that should be contained in the articles of agreement.

Article 8. Information on board as to the conditions of employment. Further to its previous comment, the Committee notes the Government’s indication that no provision has been made for the fishers to seek information concerning their conditions of employment on board as fishing is, for the most part, artisanal and family-based. It also notes that, anxious to implement the Convention, the Government has taken the initiative to carry out work on this subject together with the Ministry of Labour and Social Affairs, the Ministry of National Defence, the Ministry of Foreign Affairs and the Social Security Institute. It requests the Government to keep the Office informed of the outcome of this work. The Committee also recalls that the same requirement is incorporated in Article 18 of Convention No. 188, which stipulates that the fisher’s work agreement, a copy of which must be provided to the fisher, must be carried on board and be available to the fisher and, in accordance with national law and practice, to other concerned parties on request.

Part V of the report form. Practical application. The Committee notes the Government’s statements that it is not at present in a position to provide the information requested in its previous comment. It requests the Government to provide, as soon as practicable, information on the application of the Convention in practice, such as data on the number of fishers covered by the legislation giving effect to the Convention, the number and tonnage of fishing vessels, as well as the number of infringements of the provisions implementing the Convention recorded by the labour inspection services and the corrective measures taken.