Observación (CEACR) - Adopción: 2024, Publicación: 113ª reunión CIT (2025)

Guatemala

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1952)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1994)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together in the same comment.

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Further duties entrusted to labour inspectors. Conciliation. With reference to its previous comment, the Committee notes that, although the Government has not provided information in its report on the time devoted by labour inspectors to conciliation activities, it does indicate that, in 2020 and 2022, in each departmental office of the General Labour Inspectorate (IGT), services were provided in two areas, one of which consists of inspectors dealing with complaints at the workplace (inspections) and the other involves dealing with complaints at headquarters concerning the payment of work-related benefits (conciliation). The Government also makes reference to the various measures adopted in 2023 to improve the management of the IGT, which include the adaptation of offices and the acquisition of furniture and equipment for use during conciliation procedures. Noting that labour inspectors are continuing to perform conciliation duties, the Committee recalls that the time that they devote to conciliation may interfere with the effective performance of their primary duties, as set out in Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129, particularly where the resources allocated to them are limited. The Committee requests the Government to take the necessary measures to ensure that any further duties entrusted to labour inspectors do not interfere with the performance of their principal duties of securing the enforcement of the legal provisions relating to conditions of work and the protection of workers while engaged in their work. The Committee also requests the Government to: (i) provide information on the number of inspectors who are responsible for conciliation duties in each IGT departmental office; (ii) provide comparative information on the number of cases of conciliation and the number of inspections undertaken by inspectors each year; and (iii) indicate the time devoted by inspectors to conciliation activities, expressed as a percentage of the time that they devote to the performance of their inspection, prevention and verification duties, as indicated by the Government.

Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. Power of labour inspectors to enter freely at any hour of the day or night any workplace liable to inspection. The Committee notes that, in reply to its previous comment, the Government reiterates that labour inspectors are authorized to enter any workplace during the working day and to remain for the time necessary for the performance of their duties. The Government adds that a tripartite legislative initiative is under discussion by the Labour Commission of the Congress of the Republic to amend, among other provisions, section 281(a) of the Labour Code with a view to empowering labour inspectors to enter any workplace liable to inspection freely and without previous notice, at any hour of the day or night. The Committee also notes that, according to the information provided by the Government in its latest report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the legislative initiative was examined by the plenary of the Congress in April 2024 and the National Tripartite Commission on Industrial Relations and Freedom of Association (CNTRLLS) last met with the Labour Commission of the Congress to push forward the initiative in June 2024. The Committee trusts that the current initiative will result in the amendment of section 281(a) of the Labour Code in order to guarantee that labour inspectors with proper credentials are empowered to enter at any hour of the day or night any workplace liable to inspection, in accordance with Article 12(1)(a) of Convention No. 81 and Article 16(1)(a) of Convention No. 129. The Committee also requests the Government to provide information on any progress achieved in the adoption of the legislative initiative, and on the number of inspections carried out by day and by night each year by each IGT departmental office.

Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. Notification of the presence of inspectors unless such notification may be prejudicial to the performance of inspection duties. With reference to its previous comment, the Committee notes the Government’s indication that, by Order No. IGT-3581-2024-SPJG, of 22 July 2024, the IGT has indicated that, when carrying out an inspection, labour inspectors shall notify the employer or her/his representative of their presence, unless the inspector considers that such notification may be prejudicial to the success of the inspection. Noting that the first subsection of section 281 of the Labour Code still provides, without any exceptions, for the obligation of labour inspectors to notify their presence through the accreditation of their identity and appointment, the Committee requests the Government to take the necessary measures to bring this provision into conformity with Article 12(2) of Convention No. 81 and Article 16(3) of Convention No. 129. The Committee also requests the Government to provide a copy of Order No. IGT-3581-2024-SPJG, of 22 July 2024, of the IGT.

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