Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Collective Bargaining Convention, 1981 (No. 154) - Guatemala (Ratification: 1996)

The Committee notes the observations made by the Guatemalan Union, Indigenous and Peasant Movement (MSICG), received on 3 September 2014, which denounce in particular: (i) the very low number of collective agreements in force in the country (48) and (ii) the practice by several public institutions (National Office of the Public Prosecutor; Ministry of Education) of negotiating only with trade union organizations close to the Government. The Committee requests the Government to provide its comments in this respect.

Article 5(a) of the Convention. Promotion of collective bargaining for all groups of workers in the branches of activity covered by the Convention. In its previous comments, after noting that the Supreme Court had declared that state employees with special civil contracts could establish trade unions, the Committee invited the Government to issue an explanatory memorandum or a circular urging the labour inspectorate to ensure the observance of the right to organize and collective bargaining of these workers. The Committee notes the Government’s indication that: (i) despite its investigations, it has been unable to identify the court ruling referred to by the Committee; and (ii) the civil contracts signed by the public administration do not create labour relations between the parties and the individuals hired to carry out specific work or studies do not acquire the status of public officials. As the Convention applies to all categories of workers, the Committee requests the Government, without prejudice to the specific legal nature of the contracts referred to above, to take the necessary measures to ensure that state employees with special civil contracts can exercise their right to organize and collective bargaining. The Committee further requests the Government to provide information on any progress in this respect.