Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Minimum Age Convention, 1973 (No. 138) - Guatemala (Ratification: 1990)

Article 1 of the Convention. National policy, labour inspection and application of the Convention in practice. The Committee notes the Government’s indication, in its report, that the “Road map for the prevention and elimination of all forms of child labour, and for the protection of working young persons 2022–2025” was adopted in 2022 in the context of Alliance 8.7. In the context of its implementation, the Government refers to the creation of 12 new comprehensive care centres for the prevention and elimination of child labour (CAIPETI), the functioning of 21 departmental committees for the prevention and elimination of child labour (CODEPETI), and the ongoing implementation of the “National strategy and plan for the prevention and elimination of child labour and work by young persons 2024–32”.

The Committee notes the Government’s indication that the Labour Inspectorate has coordinated actions to strengthen staff capacities with respect to child labour, having provided training for approximately 172 participants in 2024. The Government also indicates that between 2022 and 2024 the Labour Inspectorate carried out 1,247 inspections in grocery stores, local shops and tortilla outlets, in order to verify the existence of child labour in the informal economy. The Government indicates that the difference between the number of cases detected and those estimated by national surveys stem from cultural factors in rural areas, where certain forms of child labour are perceived as part of the family livelihood, and from a weak reporting culture.

The Committee notes the Government’s indication regarding the creation of the “Electronic platform for the registration of child labour cases for referral”, established by Ministerial Decision No. 187-2023, which aims to centralize information on children and young persons identified as being in child labour and to facilitate their referral to public or private social programmes for care and follow-up.

The Committee notes the Government’s indication that, on the basis of the report on the situation of child labour prepared from the 2023 survey of living conditions (ENCOVI): (1) there are 865,149 children between 7 and 17 years of age in child labour, representing 20.7 per cent of that age group in the country; (2) the prevalence of child labour varies significantly depending on the context, being higher in rural areas, indigenous communities and households in extreme poverty; (3) when unpaid domestic work is included in the definition of child labour, the figure rises to 27.7 per cent of children, with the proportion of girls almost double that of boys; and (4) between 2014 and 2023, child labour in Guatemala decreased by 20 per cent, although this reduction has been smaller for girls and individuals living in urban areas. The Committee requests the Government to continue taking steps to progressively eliminate all forms of child labour, particularly in rural areas and with special attention to girls. It requests the Government to continue to provide information on the measures taken in this regard, including in the context of the “Road map for the prevention and elimination of all forms of child labour, and for the protection of working young persons 2022–2025” and the “Strategy and national plan for the prevention and elimination of child labour and work by young persons 2024–32”. The Committee also requests the Government to continue providing information on the activities of the Labour Inspectorate, specifying the number of inspections of child labour carried out, violations detected and penalties imposed. Lastly, the Committee requests the Government to continue providing up-to-date information on the nature, scope and trends of child labour, including data from the “Electronic platform for the registration of child labour cases for referral”.

Article 3(1). Minimum age for admission to hazardous types of work. The Committee duly notes the information provided by the Government on progress made regarding the reform of the Labour Code, according to Official Letter No. 06-2025-SCLYPL/CBE/ag of 4 April 2025 issued by the Legislation and Labour Policy Subcommittee of the National Tripartite Committee on Labour Relations and Freedom of Association, which contains the report on the fulfilment of international commitments relating to the minimum age for admission to employment, which received tripartite approval from the subcommittee.

The Committee notes that, according to the report, the actions taken during the period under review include progress on the Bill to reform section 148 of the Labour Code, with the aim of setting the general minimum age for the performance of hazardous work at 18 years. The Committee notes that the final version of this Bill was submitted to the National Tripartite Committee in 2025, for subsequent referral to the National Congress. The Committee expresses the strong hope that section 148 of the Labour Code will be amended and adopted without delay to ensure that the minimum age of 18 years is set for all hazardous types of work, in accordance with Decision No. 250-2006. The Committee requests the Government to continue providing information on progress made in this regard.

Article 6. Minimum age for work done in education or training programmes. The Committee notes that the report on the fulfilment of international commitments relating to the minimum age for admission to employment states that section 6 of the Bill to reform the Labour Code provides for the amendment of section 150 of the Code, introducing exceptions to the minimum age for admission to employment. In particular, the Bill allows work in education or training programmes when such activities are carried out under the responsibility of legally authorized public or private education or training centres, provided that their purpose is to instruct students or participants in technical, vocational, artistic or professional areas. The Committee expresses the strong hope that the revision of the Labour Code will be carried out without delay and that, as part of this reform, the minimum age of 14 years will be set for admission to work done in education and training programmes, in accordance with the provisions of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.