Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Plantations Convention, 1958 (No. 110) - Guatemala (Ratification: 1961)

The Committee has noted the information provided by the Government in its report.

1. Part VII (Maternity protection). Article 48, paragraph 1. In its previous comments the Committee noted that maternity benefits are paid only in a number of departments in the country. The Committee observed that, according to the information provided by the Government in its report, maternity benefits continued to be paid only in a number of departments in the country. The Committee observes that the Government's report does not contain any kind of response to the question previously raised. The Committee again requests the Government to indicate clearly in which departments these benefits continue to be paid without becoming effective and, where applicable, the measures adopted to extend such benefits to the whole country.

Article 50, paragraph 1. The Committee notes the provisions of article 151, paragraph (c), according to which it is forbidden for employers to dismiss female workers who are pregnant or nursing mothers and benefit from immobility rights, apart from in justifiable cases resulting from a serious violation of the duties emanating from a contract, in accordance with article 77 of the Labour Code. In this respect, the Committee must point out that Article 50, paragraph 1 of the Convention stipulates that while a woman is absent from work on maternity leave in accordance with the provisions of Article 47, it shall not be lawful for her employer to give her notice of dismissal during such absence, or to give her notice of dismissal at such time that the notice would expire during such absence.

The Committee hopes that the Government will indicate in its next report the measures adopted or envisaged with a view to bringing the national legislation into full conformity with the above provisions of the Convention.

2. Part XII (Housing). Article 86. The Committee notes the statement made by the Government according to which the minimum standards and specifications established for the accommodation of plantation workers, although not formulated in writing, are based on the climate and mobility of the area together with the requirements of the regulations on habitation and safety. The Committee hopes that the Government will indicate in its next report the measures adopted or provided for in order to bring national legislation into full conformity with the provisions of the Convention in this respect.

Article 88. In its previous comments the Committee noted that accommodation is not provided in return for rent but as an additional benefit or economic advantage. The Committee notes the provisions of article 145 of the Labour Code, according to which agricultural workers have the right to accommodation which satisfies the conditions set by the hygiene regulations. This provision must be imposed by the Ministry of Labour and Social Services on employers who are able in economic terms to meet such an obligation. The Committee requests the Government to indicate in its next report the measures adopted or established for those houses in which employers are unable in economic terms to fulfil the obligation in question.

3. Part XIII (Medical care). Article 90. The Committee notes the statement made by the Government according to which the Guatemalan Social Security Institute provides technical assistance services. In addition, in certain collective agreements on working conditions this service is also provided by employers through individual doctors. The Committee requests the Government to indicate the nature of the assistance given to workers in plantation enterprises and work centres with more than ten but less than 25 employees.

Article 91. In its previous comments the Committee requested the Government to provide information on the situation in plantation areas with a view to eradicating or controlling prevalent endemic diseases. The Committee notes the statement made by the Government according to which specific measures in this respect have not been envisaged. The Committee requests the Government to provide information on the prevalence of endemic diseases in plantation areas.