Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

General level of collective bargaining in the country. In its previous comment, the Committee noted the observations made by trade union organizations denouncing the very low number of collective agreements signed in the country. In this regard, the Committee refers to its comments on the application of the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

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 comment, after recalling the wide scope of application of the Convention, the Committee requested the Government 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 notes that the Government: (i) indicates that, since 2018, the aforementioned categories of workers have been able to organize themselves in trade unions; (ii) forwards the information of the National Civil Service Office (ONSEC) on the ongoing efforts in the public sector to prevent the disguising of dependent employment relationships through the signature of service provision contracts, and on the corresponding rulings regarding reclassification issued by the Constitutional Court; and (iii) states that it has no knowledge of collective agreements applying to public sector workers with special civil contracts and, in particular, to workers employed under budget item 029.

The Committee also notes that, under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), it was informed of the tripartite agreement of February 2018 aimed at aligning national legislation with the ILO Conventions ratified by Guatemala in the area of freedom of association, which includes the recognition of the trade union rights of public sector workers governed by temporary contracts and special schemes. As highlighted in its observations on Convention No. 87, the Committee hopes that the aforementioned tripartite agreement will be reflected in national legislation as soon as possible.

While it welcomes the progress made towards the recognition of the right to organize of state employees with special civil contracts, the Committee recalls that the present Convention applies to all contractual arrangements, and that the aforementioned workers should therefore be able to engage in collective bargaining to regulate their working and remuneration conditions. The Committee therefore requests the Government to take the necessary measures in this regard, and to provide information on the exercise in practice of the right to collective bargaining of the aforementioned categories of workers.