Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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

1. Part VII (Maternity protection). Article 48, paragraph 1. In its previous comments the Committee noted that maternity benefits covered only certain departments of the country. It notes from the information in the Government's report that this is still the case. It again asks the Government to state which departments are covered by these benefits and what measures, if any, have been taken to extend them to the rest of the country.

Article 50, paragraph 1. The Committee notes the Government's statement that women workers may not be dismissed solely on grounds of pregnancy or nursing. It would be grateful if the Government would indicate the specific measures that have been adopted or are envisaged to make 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 maternity leave.

2. Part XII (Housing). Article 86. In its previous direct request the Committee noted the provisions of section 24 of Decree No. 103-84 of 27 February 1984. It notes the Government's statement that advisory boards as required by this Article of the Convention have not been constituted. It asks the Government to indicate the minimum standards and specifications that have been laid down in respect of housing for plantation workers.

Article 88. The Committee notes the Government's statement that housing is not leased to workers but is an additional benefit or economic advantage. It asks the Government to state whether housing is part of remuneration and to indicate the manner of fixing the time allowed a worker who has been discharged to vacate his housing.

3. Part XIII (Medical care). Article 90. The Committee observes that under sections 1 and 3 of Decree No. 359-91 of 4 July 1991 referred to in the Government's report, all enterprises and work centres with more than 25 workers must set up health services. The Committee refers to the provisions of paragraph 2, Article 1 (revised), of the 1982 Protocol to the Plantations Convention, 1958 (which Guatemala has not yet ratified), under which Members ratifying the Convention may, after consulting the most representative workers' and employers' organizations concerned, exclude from the application of the Convention enterprises which cover not more than five hectares and which employ not more than ten workers at any time during a calendar year. The Committee asks the Government to indicate the standards prescribed in respect of medical services and to state the nature of the care provided in enterprises and work centres in plantations employing more than ten but less than 25 workers.

Article 91. With regard to measures taken in plantation areas to eradicate or control prevalent endemic diseases, and the consultations held in this connection with representatives of the employers' and workers' organizations concerned, the Committee notes the Government statement that no specific measures are envisaged. The Committee asks the Government to keep it informed of developments in this respect.