Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

Referring to its observation under the Convention, the Committee draws the Government’s attention to the following points:

Article 6, paragraph 1(c) of the Convention. According to the Government, labour inspectors are responsible for enforcing labour standards, but are not authorized to propose changes to the legislation. The Committee nevertheless draws its attention to the potential capacity of labour inspectors to draw attention to specific situations which are not covered by legal provisions, but which would need to be corrected. It would therefore be grateful if the Government would take measures to give effect to the above provision under which the functions of labour inspection should include bringing to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

Article 6, paragraph 3. According to the Government, the impartiality of labour inspectors is ensured by section 281(j) of the Labour Code, under which reports of offences drawn up by inspectors are considered valid until proven otherwise, with labour inspectors being liable personally if partiality for one party is proven. The Committee emphasizes that the above provision is not intended specifically to cover intentional acts by inspectors, but also and particularly an accumulation of duties which might be incompatible with their duty of impartiality and authority in their relations with employers and workers. The Government is therefore requested to indicate the measures taken or envisaged with a view to ensuring that the duties entrusted to labour inspectors, other than those set out in Article 6, paragraphs 1 and 2, of the Convention, do not prejudice the impartial discharge of their duties.

Article 13. The Committee notes that, according to the Government, the only subjects currently under discussion in the Tripartite Committee on International Labour Affairs are focused on the amendment of the Labour Code. The Committee requests it to provide full information on the consultations held in this body on the provisions of the Code which deal with the areas covered by labour inspection in agriculture and on their outcome.

Articles 14 and 21. Noting the information provided in reply to its previous comments on the number of inspection staff and inspections carried out, the Committee notes the absence of data relating to the number of agricultural enterprises liable to inspection and the number of workers employed therein. In the absence of such data, it is impossible to evaluate whether the human resources available are adequate to achieve the objectives set out by the Convention. The Committee therefore requests the Government to ensure that relevant information is supplied regularly in future annual inspection reports.

Article 16

Paragraph 1(a) and (b). The Committee refers to its comments relating to Article 12, paragraph 1(a) and (b), of Convention No. 81 and asks the Government to keep the ILO informed of the measures taken or envisaged with a view to authorizing labour inspectors to: (a) enter agricultural workplaces freely and without prior notice at any hour of the day or night; and (b) enter by day any premises covered by subparagraph (b), without taking into consideration the ordinary hours of work in these establishments.

Paragraph 2. The Committee requests the Government to inform the ILO of the measures taken or envisaged to give effect to this provision, under which labour inspectors should not be authorized to enter the private home of the operator of the agricultural enterprise, as established in subparagraph (a) or (b) of paragraph 1 of Article 16, except with the consent of the operator or with a special authorization issued by the competent authority.

Paragraph 3. The Government is requested to indicate the manner in which effect is given to this provision, under which labour inspectors, on the occasion of an inspection visit, shall notify the employer or her or his representative, and the workers or their representatives, of their presence, unless they consider that such a notification may be prejudicial to the effectiveness of the inspection.

Article 17. The Committee requests the Government to take measures to determine the cases and the manner in which inspection services in agriculture should be associated in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety.

Article 18. The Government is asked to make sure that measures are taken to ensure that any defects noted by labour inspectors during inspections of a workplace, and any orders made under paragraph 2 of this Article, are, in accordance with paragraph 4, immediately made known to the employer and the representatives of the workers, and to keep the ILO informed of the measures adopted.

Article 19, paragraph 1. The Committee would be grateful if the Government would provide a copy of any legal provision, as well as the model of any relevant document, which requires the notification of occupational accidents and cases of occupational disease to the labour inspectorate.

Articles 26 and 27. No annual inspection report has been received by the ILO. The Government nevertheless indicates that statistics on inspection activities are currently being compiled, both for the capital and at the regional level. The Committee invites the Government to refer to paragraphs 272 and the following of its General Survey of 1985 on labour inspection concerning the national and international importance of an annual report as provided for by the above provisions of the Convention. It asks the Government to take this duly into account and to ensure that the central inspection authority is in a position to publish an annual inspection report containing the information required by Article 27 and to transmit a copy to the ILO within the established time limits.