Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Guatemala (Ratification: 1994)

Referring also to its observation, the Committee requests the Government to provide information on the following points.

Article 1(1) of the Convention. The Committee would be grateful if the Government would indicate whether there is a legal definition of "agricultural undertaking" for the purpose of the Convention and to provide a copy of any relevant text.

Articles 5(1)(c) and 6(1)(a) and (2). The Committee notes that, according to section 139 of the Labour Code, any woman or minor carrying out agricultural work with the consent of the employer is deemed to be bound by a contract of employment. The Committee would be grateful if the Government would indicate the manner in which labour inspectors monitor the conditions of work of minors and women, and to indicate whether this provision applies to members of a farmer’s family.

Article 6(1)(c). The Committee would be grateful if the Government would indicate whether the inspectors are required to bring defects or abuses not specifically covered by existing legal provisions to the notice of the competent authority and to submit proposals on improving legislation. The Government is requested to communicate copies of any relevant text.

Article 6(3). The Committee once again asks the Government to provide information as to how it ensures that the additional duties of labour inspectors in agriculture, other than those set out in paragraphs 1 and 2, do not prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers.

Article 12(1). The Committee asks the Government to indicate the body responsible for coordinating the safety and health activities of the inspection services in agriculture and of the other government services concerned.

Article 13. Noting that, according to the information supplied, collaboration between the agricultural inspection officials, employers and workers takes place through the tripartite Commission on International Labour Affairs, the Committee would be grateful if the Government would provide details of the questions relating to conditions of work in agriculture discussed by the Commission and the scope of any opinions issued.

Articles 14 and 21. Noting that there are about 200 competent inspectors for the agricultural sector, apart from technicians attached to the social security department of the Ministry of Labour carrying out inspections on occupational safety and hygiene, the Committee would be grateful if the Government would communicate information on the numbers, geographical distribution and distribution by category of labour inspectors in agriculture, as well as statistics on the agricultural undertakings liable to inspection and the number of inspection visits. The Government is also asked to indicate the impact of the efforts which it says it has made to extend the coverage of the labour inspection system to all the country’s regions and to establish the principle of at least one inspection per year for every agricultural undertaking.

Article 16(1)(a). Referring to its previous comments on this point, the Committee wishes to emphasize the importance of authorizing inspectors to enter agricultural undertakings liable to inspection at night, including when the undertakings in question are not normally expected to operate, in order to monitor illegal employment of workers outside normal working hours and to inspect the condition of machinery when not in use.

Article 16(1)(c)(i). According to section 281(m) of the Labour Code, labour inspectors are authorized to invite employers and workers to their offices for interview. The Committee asks the Government to indicate whether, in accordance with this provision of the Convention, labour inspectors during their inspection visits also have the right to interview the employer, workers or any other person in the undertaking, at the workplace, alone or in the presence of witnesses.

Article 16(2) and (3); Articles 17 and 18(4). Pursuant to its previous comments, the Committee once again asks the Government to indicate whether effect is given to each of these provisions and to communicate a copy of any relevant text.

Article 18(2)(b) and (3). The Committee requests the Government to communicate information on the manner in which it ensures that measures with immediate executory force can be ordered by the labour inspectors or at their request by the competent judicial or hierarchical authority in the event of imminent danger to health or safety.

Article 19(1). The Committee would be grateful if the Government would indicate the manner in which the labour inspectorate is notified of occupational accidents and cases of occupational diseases, and to provide a copy of any relevant texts, as appropriate.

Articles 26 and 27. The Committee notes the information contained in the 2002 Labour Statistics Bulletin. The Committee would be grateful if the Government would take steps to ensure that an annual report on the activities of the labour inspection service in agriculture is published regularly and communicated to the ILO by the central inspection authority.