Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the comments on the application of the Convention submitted by the Trade Union Confederation of Guatemala (UNSITRAGUA) and forwarded to the Government on 19 December 2002. The Committee regrets that to date the Government has not provided any reply to these comments. The Committee has also been in receipt of new observations communicated by UNSITRAGUA on 4 September 2003. These comments have been transmitted to the Government on 14 October 2003 and the Committee will address them, together with any comments the Government may wish to make thereon, at its next session.

In its communication of 27 October 2002, UNSITRAGUA refers to the case of CECILIA S.A., a coffee-exporting company, which has allegedly retained the wages due to 34 unionized workers from February 2001 to October 2002. The organization reports that proceedings have been initiated for the recovery of the unpaid sums but fears that the company may persist in withholding the wages for years, especially in the state of impunity which prevails in the country in respect of labour matters.

The Committee requests the Government to inquire into these complaints and provide up-to-date information on the payment of the alleged wage debts. In any event, the Committee asks the Government to take all appropriate measures to guarantee that wages are paid in full and on time in accordance with the provisions of Article 12, paragraph 1, of the Convention.