Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Guatemala (Ratification: 1961)

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

Application of the Convention in practice. The Committee notes the information provided by the Government, according to which employers are obliged to record and notify the Occupational Safety and Health Department of the General Directorate for Social Welfare of all occupational accidents occurring throughout the county. The Committee observes that although the report indicates that the information is disaggregated by nationality, among other criteria, the statistical information provided only includes data on Guatemalan workers. The Committee requests the Government to provide data on occupational accidents occurring during the period covered by the next report, disaggregated by nationality.

The Committee further notes, according to the Government, that foreign workers are entitled to healthcare in respect of the risk of occupational accidents from the moment an employment relationship exists, without requirement of a prior period of contribution. However, the Committee notes that under the regulations in force, victims of an occupational accident are only entitled to cash benefits if they have made at least three months of contributions in the six months prior to the month in which the accident occurs. In this context, the Committee requests the Government to report on the number of national and foreign workers who sustain occupational accidents that do not have access to cash benefits from failure to fulfil the required contribution period.

[The Government is asked to reply in full to the present comments in 2027.]

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Foreign temporary workers. The Committee notes that, according to the regulations in force, a worker suffering injury due to an industrial accident shall be entitled to economic benefits from the Guatemalan Institute of Social Security provided that he/she is able to show proof of at least three months of contributions in the six months prior to that in which the accident occurred.

The Committee understands that the contribution periods to be observed apply to nationals and foreigners alike. The Committee would nonetheless be grateful for information on the practical effects the abovementioned rule could have regarding equal access for foreign workers to protection and compensation in the event of industrial accidents. Recalling that in its exchanges with the Government on the application of the Plantations Convention, 1958 (No. 110), and the Indigenous and Tribal Peoples Convention, 1989 (No. 169), it raised questions about the situation of migrant workers employed under temporary or seasonal employment relationships in Guatemala, particularly in agriculture, the Committee requests the Government to provide information in its next report on the number of foreign workers that could be deprived of protection against industrial accidents for failing to meet the required contribution periods.

Undocumented foreign workers. The Committee thanks the Government for sending data on the number of new work permits granted to foreigners during the period 2009–11. Furthermore, it takes note of the document Situation of migrant workers in Central America, published by the International Labour Office in 2002, which estimated that there were 250,000 undocumented Central American migrants in Guatemala. The Committee requests the Government to provide information in its next report on the situation of undocumented foreign workers who sustain injury in industrial accidents.