Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Protection of Wages Convention, 1949 (No. 95) - Guatemala (Ratification: 1952)

The Committee notes the Government’s report.

Article 3 of the Convention. The Committee notes that under section 90 of the Labour Code, the general obligation of the employer to pay wages exclusively in legal currency is not deemed to cover the issue of promissory notes, vouchers or any other similar means of settling labour remuneration, provided that at the end of each pay period the employer exchanges the said tokens for the exact equivalent in legal currency. The Committee is bound to observe, in this connection, that this provision is inconsistent with the terms of the Convention which explicitly prohibit such practices and require wages payable in money to be paid only in legal tender. Consequently, the Committee asks the Government to supply more detailed information on the practical application of the above provision.

Article 4. The Committee notes that the Labour Code contains no provision expressly prohibiting wage payment in the form of liquors of high alcoholic content or of noxious drugs in any circumstances, as set forth under this Article of the Convention. The Committee would appreciate the Government’s providing further clarifications on this point.

In addition, the Committee notes that section 90 of the Labour Code provides that any benefits in kind given to employees, other than agricultural workers, in return for their services shall be deemed to make up 30 per cent of the total amount of wage payable unless there is an agreement to the contrary, without however prescribing any conditions for such payments. Noting that the Convention calls in this respect for measures to ensure that allowances in kind are appropriate for the personal use and benefit of the worker and his/her family, and that the value attributed to such allowances is fair and reasonable, the Committee requests the Government to indicate the measures taken to give effect to this provision.

Article 7(2). The Committee asks the Government to indicate the measures taken to ensure that goods and services in works stores are provided at fair and reasonable prices and that such stores are not operated for the purpose of securing profit. Recalling the Government’s indication in an earlier report that these stores are in some cases governed by collective agreements, the Committee would be grateful if the Government could provide up-to-date information on the practice of works stores or services, including copies of some collective agreement provisions as examples.

Part V of the report form. The Committee hopes that the Government will continue to supply information on the measures taken to ensure the observance in practice of the legislation giving effect to the Convention, including for instance extracts of official reports or the results of labour inspection visits, especially with regard to the payment of wages to workers in rural areas.