Solicitud directa (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 a single comment.

Articles 10 and 16 of Convention No. 81 and Articles 14 and 21 of Convention No. 129. Number of labour inspectors and inspections. Frequency of labour inspections. The Committee notes that the Government has provided information in reply to its previous request on the number of labour inspectors and their geographical distribution, indicating that there were 178 inspectors in 2021, 152 inspectors in 2022 and 169 inspectors in 2023 at the national level. In this regard, the Committee notes from the Government’s various reports that the number of labour inspectors has been constantly decreasing for almost a decade, as there were 270 inspectors in 2015, 208 inspectors in 2018, 172 inspectors in 202 and, finally, 169 inspectors in 2023. The Committee also notes the Government’s indication that six labour inspectors were recruited in the first half of 2024 (four for the departmental office of Guatemala and two for other departmental offices) and a call has been issued for the recruitment of four additional inspectors (three for the departmental office of Guatemala and one for another office). With reference to the measures adopted for the retention of inspectors in the labour inspection service, the Committee notes the Government’s indication that it is in the process of updating the Basic Internal Regulations of the Ministry of Labour and Social Welfare (MTPS), through which it is intended to increase the number of inspectors, improve their salary conditions and create new positions for inspectors and administrative personnel in all the departmental offices. With regard to the inspections carried out, the Committee notes the Government’s indication that the General Labour Inspectorate (IGT) undertook a total of 31,899 inspections in 2021, 32,528 in 2022 and 31,514 in 2023 (of which 778, 904 and 615 inspections were in agricultural establishments in those same years). Taking due note of the recent measures adopted to increase the number of labour inspectors and reduce their rotation, the Committee requests the Government to provide updated information on: (i) the number of labour inspection positions, with an indication of the number that are occupied by inspectors who are currently active and their geographical distribution, and any measures adopted or envisaged to cover vacant positions; and (ii) the number of inspections carried out each year, including in agricultural enterprises.

Article 14 of Convention No. 81 and Article 19(1) of Convention No. 129. Notification to the labour inspectorate of industrial accidents and cases of occupational disease. With reference to its previous comment, the Committee notes the Government’s indication that the IGT does not have a record of notifications of occupational diseases and that, in accordance with Ministerial Decision No. 191-2010, this information is received through the Occupational Health and Safety Department of the MTPS. The Committee also notes that both the Government and the report on the work of the inspection services for 2023 indicate that measures are being taken to adapt the MTPS website so that employers can upload notifications of employment accidents and notify cases of occupational diseases electronically, which would make it possible to have access to the respective statistics. The Committee observes that, according to the information available on the Government’s website, a system for the virtual reporting of employment accidents and occupational diseases is already operating, without prejudice to the possibility of reporting them physically. The Committee also notes that, in its report on the Occupational Health Services Convention, 1985 (No. 161), the Government provides statistical data on the employment accidents notified by employers to the Occupational Health and Safety Department of the MTPS between 2017 and April 2024, showing that in some years there were increases in the number of accidents (406 in 2020, 993 in 2021, 409 in 2022 and 1,380 in 2023), and that most of the accidents were suffered by workers in industry and agriculture. The Committee requests the Government to provide information on specific measures adopted or envisaged to ensure that the IGT has access to the information on employment accidents and occupational diseases provided by employers to the Occupational Health and SafetyDepartment of the MTPS through the virtual reporting system or notified physically, in accordance with Article 14 of Convention No. 81 and Article 19(1) of Convention No. 129. The Committee also requests the Government to provide updated information on the number of industrial accidents and occupational diseases reported by employers, both virtually and physically, to the Occupational Health and SafetyDepartment of the MTPS and, if a trend is noted for an increase, to specify the reasons for the increase in such accidents and diseases. The Committee requests the Government to refer to the comments that it is making in its direct request on the application in practice of Convention No. 161 on occupational health services.

Article 15(c) of Convention No. 81 and Article 20(c) of Convention No. 129. Confidentiality of the source of any complaint and that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee notes with interest the Government’s indication in reply to its previous comment that in 2023 the General Labour Inspector issued Instruction No. IGT-001-2023 and Circular No. 20-2023 informing the operational and administrative staff of the IGT that, when carrying out an inspection, inspectors – as the protagonists – shall notify their presence in order to carry out the inspection and shall in any case ensure the confidentiality of the reason for the inspection and shall refrain from revealing to the entity inspected any form or instruction which may identify the applicant or complainant that may have given rise, as appropriate, to the action taken by the labour inspection services, in accordance with Article 15(c) of Convention No. 81. The Committee notes this information which responds to its previous request.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate and effectively enforced penalties. With reference to its previous comments on the enforcement of the penalties imposed by the labour inspection services, the Committee notes the Government’s indication that it is the responsibility of the departmental delegates of the IGT (a total of 23 delegates, according to the report on the work of the labour inspection services for 2023) to ensure that the administrative penalties imposed for violations of labour legislation are enforced, and to initiate judicial enforcement action if the fine is not paid or the fault that is penalized is not corrected. The Government adds that an analysis has been carried out to identify the indispensable measures that have to be adopted to strengthen the imposition of penalties and the related human resources. The Government also provides information on the number of penalties imposed and the amount of the fines issued and collected by each departmental office between 2020 and 2023. In this regard, the Committee notes that over that period the amount of the fines imposed and collected increased at the national level, rising from 2,494,517.11 Guatemalan quetzals in 2020 (approximately US$323,141.74) to 8,086,861.54 quetzals in 2023 (approximately US$1,047,578.51). The Committee requests the Government to provide information on the results of the analysis carried out to identify the measures indispensable to strengthen the penalties imposed by the IGT and the related human resources, and the action taken on the basis of the analysis. The Committee also requests the Government to provide updated information on the number and nature of the penalties issued, the reasons for the penalties and the amounts of the fines imposed and collected, including those relating to agriculture.

The Committee once again requests the Government to provide detailed information on: (i) the creation and operation of the register of labour and social welfare violations of the IGT referred to by Ministerial Decision No. 200-2017; and (ii) the impact of the register and of the implementation of the instruction respecting the imposition of penalties by the IGT (Ministerial Decision No. 285-2017, as amended by Ministerial Decision No. 332-2020) on the effective enforcement of the penalties issued by the IGT.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Annual report on the work of the inspection services. With reference to its previous comments, the Committee notes that the Government has provided the reports on the work of the IGT services for 2021, 2022 and 2023, which include information on the operation of those services in agriculture. The Committee notes in particular that the 2023 report (the only one that appears to be published on the MTPS website) contains information on most of the matters enumerated in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, with the exception of: (i) statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129); (ii) statistics of violations (Article 21(d) of Convention No. 81 and Article 27(d) of Convention No. 129; (iii) statistics of industrial accidents (Article 21(f) of Convention No. 81 and Article 27(f) of Convention No. 129; and (iv) statistics of occupational diseases (Article 21(g) of Convention No. 81 and Article 27(g) of Convention No. 129). The Committee requests the Government to make all the necessary efforts to ensure that annual reports on the work of the labour inspection services are published and contain all the information required by Article 21 of Convention No. 81 and Article 27 of Convention No. 129. The Committee also requests the Government to continue providing the ILO with copies of these annual reports.