Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

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

With reference to its previous direct request, the Committee notes, from the report, that a tripartite commission has been set up to bring up to date and develop the Labour Code. It hopes that it will also be possible to take other measures to give effect to its comments, which read as follows:

1. Part VII (Maternity protection). Article 47, paragraph 3, of the Convention. The Committee notes with interest that section 19 of Decree No. 103-84 of 27 February 1984 to issue the regulations for the application of the Convention provides that the duration of maternity leave shall be that laid down by this provision of the Convention. It hopes that, in order to eliminate any ambiguity, the necessary measures will be taken to amend accordingly section 152 of the Labour Code, which provides for only 75 days of maternity leave.

Article 48, paragraph 1. The Committee notes that maternity benefits cover a number of departments of the country. It asks the Government to indicate the departments that are not yet covered and any measures taken to extend the scope of these benefits to the whole country.

Article 50, paragraph 1. The Committee notes from the report that the General Inspectorate of Labour ensures the application of this provision of the Convention, but points out the necessity, recognised by the Government, moreover, in an earlier report, of adopting specific measurs to declare it unlawful for an employer to give a woman notice of dismissal during her absence on maternity leave or at such time that notice would expire during such absence.

2. Part XII (Housing). The Committee takes note with interest of the information furnished by the Government on the application of this Part of the Convention, and particularly the adoption of provisions for this purpose in Decree No. 103-84. It asks the Government, however, to provide further information on the following points:

Article 86. It asks the Government to indicate the minimum standards and specifications that have been laid down in respect of housing for plantation workers and to provide information on any advisory bodies that may have been constituted to express opinions on matters connected with housing, as required by this Article of the Convention.

Article 88. The Committee asks the Government to indicate the measures taken to ensure that the conditions under which plantation workers are entitled to occupancy are not less favourable than those established by national custom or national legislation and also to indicate the manner of fixing the time allowed a worker who has been discharged to vacate his housing.

3. Part XIII (Medical care). Lastly, the Committee takes note of the information contained in the report with respect to this Part of the Convention. It notes with particular interest the adoption of certain provisions in the above-mentioned Decree No. 103-84. It asks the Government to provide further information on the following Articles of the Convention:

Article 90. The Committee asks the Government to indicate the standards prescribed in respect of medical services and to furnish information on the operation of these services, including information on the nature of the care provided, the premises and equipment available to these services and the numerical strength of the qualified personnel.

Article 91. It asks the Government to indicate the measures taken in plantation areas with a view to eradicating or controlling prevalent endemic diseases and to furnish information on the consultations held in this connection with representatives of the employers' and workers' organisations concerned.

The Committee requests the Government to indicate any progress achieved in this respect.

It also requests it to supply copies of inspection reports.