CMNT_TITLE

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Guatemala (RATIFICATION: 1961)

Article 10 of the Convention. System of inspection and supervision. Further to its previous comment concerning the observations made by the Trade Union Confederation of Guatemala (UNSITRAGUA), the Committee notes the Government’s indication that the General Labour Inspectorate effectively supervises the application of the provisions of the labour legislation. During inspections carried out in response to a complaint or programmed inspections, labour inspectors check not only that holidays have been granted and paid, but also that the bonus provided for by Legislative Decree No. 37-2001 (Bonificación Incentivo) is also paid. If this is not the case, the legal section of the General Labour Inspectorate sends the report (Incidente de Falta Laboral) to the labour and social security courts, which impose adequate sanctions for violations of the labour legislation. In this regard, the Committee notes the detailed information provided by the Government concerning the number of violations reported in connection with the payment and granting of holidays for the period 2007–08 and notes the very low number of violations reported in the agricultural sector (two cases in 2007 and one in 2008). The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts from the reports of the inspection services indicating the number of inspections carried out, contraventions reported relating to annual holidays with pay in the agricultural sector and the sanctions imposed, information concerning the number of agricultural workers covered by the legislation, etc.