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

Minimum Wage Fixing Convention, 1970 (No. 131) - Guatemala (Ratification: 1988)

Legislative developments. The Committee notes the Government’s indication that, in 2023, the National Wage Commission discussed a new draft regulation on its organization and functioning. The Government also indicates that the Congress of the Republic registered Legislative Initiative No. 5909 of 2021 which approves legislation regulating the wages of public servants. The Committee requests the Government to provide information on developments in the aforementioned draft legislation.

Articles 3(1)(a) and 4(2) of the Convention. Criteria for determining the minimum wage. Consultation with representative organizations of employers and workers. The Committee notes that, in reply to its previous comments and the observations made in 2016 by the International Trade Union Confederation (ITUC), the Government indicates that it adopted Government Decision No. 307-2023 establishing the minimum wages applicable to agricultural activities, non-agricultural activities, and export and maquila activities, on the basis of two economic districts. The Committee notes that this Government Decision establishes that, in order to set the minimum wages: (i) a ruling issued by the National Wage Commission was examined; and (ii) the situation of each economic district and economic activity was taken into consideration, with respect to the minimum needs of workers and the capacities of employers, as well as changes in inflation and gross domestic product, population growth, productivity and the difference between real income and the minimum fixed income. The Committee also notes that section 6(i) of the aforementioned Government Decision establishes that the National Wage Commission must examine, within its area of competence and in accordance with the Convention and the Labour Code, the application of objective criteria in order to consider and determine the adjustment of the minimum wage. Noting the aforementioned information, the Committee requests the Government to continue to report on the developments in the minimum wage rates applicable in different sectors with regard to the criteria established in the Convention, and on consultations held with employers’ and workers’ organizations in this respect.