Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Labour Clauses (Public Contracts) Convention, 1949 (No. 94) - Guatemala (Ratification: 1952)

Articles 2 and 5 of the Convention. Insertion of labour clauses in public contracts. Enforcement measures. The Committee recalls that, for several years, it has been requesting the Government to provide information on the measures adopted to ensure that bidders in public calls to tender are properly informed about the content of the labour clauses that should be contained in public contracts, for example, by publishing a notice relating to the specifications, as prescribed in Article 2(4) of the Convention. The Committee considers that accurately informing bidders of the scope and content of the labour clauses remains crucial, given that neither the Act of 1992 nor the Regulations of 1992 on public contracts contain an explicit reference to labour clauses of the type provided for by the Convention. Further, the obligation to include such clauses arises from the Ministerial Decision of 21 November 1985, adopting the model labour clauses to be included in the contracts concluded by the public authorities which, according to the Government’s information, remains in force. The Committee notes with deep concern that the Government indicates that no legislative initiatives have been adopted recently in relation to the application of the Convention and no judicial decisions have been adopted to improve the application of the Convention. In addition, after confirming that the Ministerial Decision of 1985 remains in force, the Government’s report does not refer to the contracts that contain the clauses and the measures adopted with a view to ensuring compliance with these contracts. The Committee observes that the labour contract models distributed by the Government and used by various ministries do not correspond to the type of public contracts with labour clauses referred to by the Convention, namely contracts concluded by the public authorities that involve the expenditure of funds by a public authority, the employment of workers by the other party to the contract and a contract that is a contract for public works or the supply of services (Article 1 of the Convention). The Committee therefore once again reiterates its request to the Government to, without delay, take all necessary measures to give full effect to the requirements of the Convention, including those contained in Article 2(4) of the Convention. The Committee also urges the Government to provide: (i) copies of contracts concluded by public authorities which contain the model labour clauses required by the Ministerial Decision of 21 November 1985; and (ii) documented information on measures to ensure compliance with the labour clauses contained in contracts concluded by public authorities, as required by the Convention, including information on the number and nature of the violations reported and the penalties imposed.