Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guatemala (Ratification: 1952)

Article 1 of the Convention. In previous comments, the Committee urged the Government to indicate the measures it had taken to re-examine, in the light of inflation, section 272 (a) of the Labour Code of 1961, which lays down a fine of between 100 and 1,000 quetzales for employers who make it compulsory or attempt to make it compulsory for workers to leave the unions of which they are members or to join trade unions (section 62 (c)) so that this sanction retains its dissuasive nature.

The Committee notes that a draft Labour Code which takes account of the Committee's comments has been approved at first reading and is now before the Congress of the Republic for examination and analysis.

The Committee hopes that the draft Labour Code will be adopted in the near future and that the final version will provide for sufficiently effective and dissuasive sanctions for all cases of anti-union discrimination. The Committee asks the Government to report on this matter.