Employment Policy Convention, 1964 (No. 122) - Guatemala (Ratification: 1988)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF), supported by the International Organisation of Employers (IOE), received on 1 October 2020, and the Government’s reply, received on 14 November 2020. The Committee also notes the observations of the Autonomous Popular Trade Union Movement, Global Unions of Guatemala, received on 16 October 2020. The Committee requests the Government to provide its comments in this regard.

Articles 1 and 3 of the Convention. Implementation of a national employment policy. Consultations with the social partners. The Committee notes with interestthe efforts made by the Government to achieve the objectives of the Convention within the framework of a coordinated economic and social policy. In this connection, the Committee notes the launching in February 2017 of the National Decent Employment Policy (PNED) 2017-32, which is articulated with the National K’atún Development Plan 2032. The PNED was developed with the technical support of the ILO and the participation of a broad range of actors at the national and regional levels, including representatives of workers’ and employers’ organizations, and of women, indigenous peoples and youth. The PNED envisages the adoption of measures in four thematic areas: employment generation, human capital development, a conducive environment for enterprise development and formalization. The PNED includes priority measures for: persons with disabilities, returning migrants, older persons, the indigenous population, the LGBTI community, young persons with a criminal record and refugees. The Committee also notes that the Government reports the establishment of the National Decent Employment Commission (CONED) as the body responsible for the implementation of the actions envisaged in each of the four thematic areas of the PNED through a Technical Institutional Round Table composed of four subcommittees which include representatives of employers’ and workers’ organizations. The thematic priority of employment generation includes among its priority actions the implementation of: (i) the National Plan for the Generation of Decent Employment, which envisages the adoption of measures with a view to the generation of decent jobs in sectors that make a greater contribution to the economic growth and competitiveness of the country; (ii) the National Programme of Migration for Development, which has the objective of putting to good use the knowledge acquired abroad by Guatemalan migrants which are applicable to national development; and (iii) the Programme for the Reinforcement of the Public Employment Service, which envisages the adoption of measures to improve the functioning of the National Network of Employment Services. The Committee also notes the information provided by the Government on the measures implemented within the context of the reinforcement of public employment services, such as the organization of employment fairs and kiosks, the establishment of a window for returning migrants and the conclusion of agreements with organizations focussing on migrants. Finally, the Committee notes the statistical data provided by the Government on the number of persons in vulnerable groups who received guidance and were helped by public employment services to enter the labour market in 2019 and 2020.

However, the Committee notes that the Trade Union Movement, in its observations, considers that there is no effective national employment policy promoting decent work so that citizens have the opportunity to choose work in accordance with their capacities and experience. The Trade Union Movement indicates that, as a consequence, work in the informal economy is growing disproportionately and part-time work is increasing in the formal economy, which is resulting in a reduction in workers’ rights, such as the right to social security and to receive the minimum wage. Moreover, the rise in unemployment and migration to departmental and local capitals is increasing further. The Committee requests the Government to continue providing detailed and updated information on the nature, scope and impact of the measures adopted to promote full, productive and freely chosen employment, including those adopted within the framework of the National Decent Employment Policy (PNED) 2017-32. It also requests the Government to provide information, including specific examples, on the manner in which consultations have been held, and their views taken into consideration, with employers’ and workers’ organizations and representatives of other groups affected (such as women, young persons, indigenous peoples and workers in the informal economy) with a view to the development and implementation of employment policies and programmes, as well as the nature, scope and outcome of the consultations.

Education and training. The Committee observes that the thematic area of the PNED covering the development of human capital includes, among other priority action, the implementation of the National Youth Training Programme in Transversal and Specific Skills with the objective of promoting training for work. The Government indicates that, within this context, Ministerial Decision No. 3386-2018 was approved institutionalizing the National Labour Training System (SINAFOL) as the structure which manages and articulates the government institutions, the productive sector and the social partners with a view to determining and implementing technical education and training policies and strategies in the country. The objectives of the SINAFOL include the improvement of technical labour and vocational training, the reduction in the gap between the supply of training and productive demand, the design of training supply associated with occupational groups and vocational qualifications. The Government also refers to the creation of the National Vocational Training Commission with the objective of promoting the articulation and coordination of Government institutions, the productive sector and the social partners with a view to implementing and revising every five years the model of technical vocational training. In 2018, the Skills Certification System (SCC) was developed and its implementation was launched with the objective of recognizing and certifying the skills, knowledge, capacities, abilities and competences of persons engaged in trades and occupations learned over a lifetime. In this respect, the Government reports the establishment of various sectoral round tables for the development of national catalogues of families of occupations, vocational skills and training modules. The Government indicates that representatives of the productive sector and training related to each occupational family participated in these round tables. The Committee also notes the Government’s reference to the implementation of various vocational education and training programmes, including the implementation of the Guatemala Vocational Training Threshold Programme, with the support of the United States of America, which provides for the adoption of reforms in the education sector and the mobilization of resources with a view to improving the quality and pertinence of middle-level education; and the Labour Skills Certification Programme, which promotes the certification of the competences of citizens who have knowledge or skills. With reference to the latter Programme, the CACIF proposes to seek opportunities through other approaches, such as dual education. The Committee also notes the information contained in the Government’s report on the number of participants in the Technical Capacity-building for Employment Programme, through which capacity-building opportunities are provided to vulnerable groups (such as young persons who are neither studying nor working, the unemployed and underemployed, persons with disabilities and returning migrants) with a view to strengthening their skills and competences through the provision of a technical background and vocational training with a view to their appropriate labour market integration. The Committee requests the Government to continue providing updated information on the nature and impact, including statistical data disaggregated by sex and age, of the measures implemented in the field of vocational education and training in relation to potential employment opportunities. It also requests the Government to provide information on the measures adopted to ensure the effective coordination of vocational education and training policies and programmes with employment policies and programmes.

Labour market information. The Committee observes that, according to the data of the National Statistical Institute (INE), during the second half of 2019, the participation rate was 59.1 per cent (83.1 per cent for men and only 38.7 per cent for women) and the gross occupation rate was 58 per cent (81.7 per cent for men compared with 37.7 per cent for women). The Government adds that the open unemployment rate was 2 per cent (1.7 per cent for men and 2.5 per cent for women), while the visible underemployment rate was 6.5 per cent (6.2 per cent for men and 7.1 per cent for women). The Committee also notes that the PNED envisages the establishment of a National Labour Information System (SNIL) with a view to implementing an evaluation and monitoring system of the PNED and making available to labour market institutions, employers and the population in general all the available labour market information. Noting that the employment rate of men is more than twice that of women, the Committee request the Government to provide information on the measures taken or envisaged to promote productive, sustainable and decent work for women, as well as on the impact of these measures on women’s employment. It also requests the Government to continue providing updated statistical data, disaggregated by sex and age, on labour market trends, including employment, unemployment and underemployment (visible and invisible) and informality rates, disaggregated by sex, age and rural and urban areas. The Committee further requests the Government to provide statistical data on the labour market situation and trends as a basis for identifying the impact of the measures adopted to promote the employment of specific categories of workers, such as women, young persons, older persons, migrant workers, persons with disabilities, indigenous peoples, and workers in the rural sector and the informal economy. The Committee also requests the Government to provide information on the progress made in the establishment of the National Labour Information System (SNIL).

Youth employment. The Committee observes, based on the National Employment and Income Survey (ENEI), that in 2019 the youth unemployment rate was 4.6 per cent (4 per cent for men and 5.7 per cent for women) and the rate of young persons who neither study nor work was 28.2 per cent (9.5 per cent for men and 45.8 per cent for women). The Committee notes the information provided by the Government on the implementation of various programmes to promote youth employment. The Government refers, among other measures, to the implementation of the Strategic Institutional Plan 2016-21 of the Technical Capacity-building and Productivity Institute (INTECAP), the objectives of which include the extension of the coverage of initial certifiable training, with emphasis on vocational training for youth. The Government indicates that 145,496 men and 88,983 women benefited from the INTECAP in 2018. The Committee also notes the information provided by the Government on the labour market integration of young persons following the certifiable training provided by the INTECAP. The Government adds that, through the Artisanal Social Grant Programme, conditional cash transfers are provided with a view to strengthening skills for the manufacture of artisanal products. The Government indicates that around 3,000 persons in 51 municipal areas have benefited from such grants, of whom 98 per cent were poor or extremely poor women. The Government also refers to the implementation of the National Workshop Schools Programme, which seeks to contribute to poverty reduction among young persons through training for employment, as well as the First Job Social Grant Programme, which has the objective of facilitating the formal labour market integration of unemployed young persons between 18 and 25 years of age living in poverty or extreme poverty through their temporary recruitment by enterprises as apprentices. Finally, the Committee notes the detailed information provided by the Government on the measures implemented by the National Employment Service to promote youth employment (such as employment guidance and mediation services, the organization of employment fairs, vocational training and capacity-building) and on the impact of these measures. The Committee requests the Government to provide updated information on the nature and impact of the measures implemented to promote youth employment, particularly for the most underprivileged categories of young persons. It also requests the Government to continue providing updated statistical data, disaggregated by age and sex, on youth employment trends.

Persons with disabilities. The Committee notes the information provided by the Government on the number of persons with disabilities who found employment, and the numbers of enterprises and persons in the public and private sectors who received training on the subject of disability within the framework of the Social Inclusion Programme (Empléate Inclusivo), which promotes the access of persons with disabilities to decent work through the improvement of their employability. The Government also refers to the holding of consultation workshops on the proposed legislative initiative for the promotion of work, employment and entrepreneurship for persons with disabilities. Nevertheless, the Government indicates that statistical data is not available on the labour market situation of persons with disabilities as the employment surveys carried out by the INE do not cover the subject of disability. The Committee requests the Government to continue providing detailed and updated information on the measures adopted with a view to promoting the access of persons with disabilities to the open labour market. In this respect, the Government is requested to make every effort to compile, analyse and then communicate statistical data on the labour market situation of persons with disabilities so as to enable the assessment of the impact of the measures taken to increase access to the open labour market for persons with disabilities. It also requests the Government to provide information on the situation with regard to the proposed legislative initiative on the promotion of work, employment and entrepreneurship by persons with disabilities, and to provide a copy once it has been adopted.

Informal economy. The Committee notes that, according to the data of the Labour Market Observatory (OML), during the second half of 2019, 65.3 per cent of the occupied population in the country were working in the informal economy (63.8 per cent of men and 68 per cent of women). The Committee observes that the PNED includes among its thematic areas the facilitation of the transition to formality of economic units and workers in the informal economy. In this connection, the Government indicates that in 2019, with the technical assistance of the ILO and the support of EUROSOCIAL, the National Formalization Strategy was designed and that it provides for the adoption of measures to increase the coverage of social protection, the facilitation of administrative procedures, the simplification of the tax system, vocational training and action to improve productivity. The Government also reports the establishment of the Subcommission for the Transition to Formality, which is composed of various national institutions, including the Guatemalan Social Security Institute (IGSS), the CACIF and workers’ organizations. The Committee also notes the information provided by the Government on a series of measures adopted to promote the transition from informality to formality, including: the introduction of reforms to the Code of Commerce to facilitate and simplify the establishment of formal enterprises; the development of the “Asi se hace” (“This is how it is done”) portal as a tool for carrying out administrative procedures for the registration of enterprises; and campaigns to promote formalization. In this regard, the CACIF emphasizes the need to take preventive action in relation to inspection with a view to reducing current deficiencies. In its response, the Government refers to the development of a strategic plan for the reinforcement of the General Labour Inspectorate with a view to improving the enforcement of labour legislation. The Committee also notes the Government’s indication that action has been taken since 2017, with ILO technical assistance, with a view to determining a National Wage Policy based on tripartite social dialogue and ensuring effective compliance with the minimum wage in both the formal and informal economies. However, the Committee observes the indication by the CACIF in its observations that there has been no progress in the development of the National Wage Policy. In this regard, the Government indicates that there is currently a proposed Bill and that a road map has been developed with a view to its adoption.

The Committee also notes that in December 2018 a paper was presented on the statistical definition of the informal sector and informal employment in Guatemala, with a view to establishing a concept of the informal economy in the country, in accordance with the most recent recommendations of the ILO International Conference of Labour Statisticians (ICLS). The Government also reports the implementation of a pilot plan for formalization involving traders in the informal economy in the municipalities of Tecpán and Chimaltenango. Finally, the Committee notes the measure taken for the provision of assistance to informal economy workers in the context of the COVID-19 pandemic. The Committee requests the Government to continue providing detailed and updated information on the scope of the informal economy and on the nature and impact of the measures adopted under the PNED to facilitate the transition to the formal economy, particularly in rural areas of the country, including those adopted within the context of the National Formalization Strategy.

Rural employment. The Committee notes that, according to the ENEI, in the first quarter of 2019, 31.9 per cent of the economically active population were engaged in activities in the agricultural, stock-raising and forestry sector, and the open underemployment rate in the sector was 36.2 per cent. The Committee observes that the priority action set out in PNED includes the preparation of the “Rural Development Plan, An Agricultural and Stock-raising Revolution”, with a view to promoting decent work in rural areas with the participation of producers’ associations through the implementation of productive investment plans for rural areas and technological packages. The Committee also notes the information provided by the Government on the findings of the diagnosis of decent rural youth employment undertaken by the OML with the cooperation of the United Nations Food and Agriculture Organization (FAO). The objective of the diagnosis was to identify opportunities for the generation of employment and self-employment in rural areas, identify occupational trends and training needs and design proposals for interventions through active employment policies focussing on rural youth employment. The Government adds that progress has also been made in the accessibility of employment guidance and placement services in rural areas, as there is at least one employment manager in each of the 22 departments of the country. Moreover, a rural focus has been adopted for the Municipal Employment Single Windows (VUMES) located in municipal areas with a scarce network of enterprises with the objective of providing support to persons living in rural areas and engaged in agricultural activities. The CACIF considers that it is necessary to establish annual targets for the VUMES as a means of measuring their outreach and impact with a view to developing strategies to promote and generate formal employment in rural areas. In this regard, the Government indicates that the intervention strategy of the VUMES includes quality standards and follow-up and measurement indicators, as well as annual targets for the number of beneficiaries to be provided with support in relation to the needs of each area. The Government also refers to the implementation of the Rural Education Project V (PROEDUCV) with the support of the Development Bank of the Federal Republic of Germany (KfW). The objective of the project is to improve the supply of technical education with a view to promoting the access of young persons with few resources, and particularly rural and indigenous young persons, to training for quality employment adapted to the needs of the labour market. The Committee notes that the Trade Union Movement in its observations denounces the precarious conditions of workers in the agricultural sector. It also denounces the existence of child labour in the sector, including in palm oil enterprises, and irregularities in their investigation. The Committee requests the Government to continue providing information on the nature, scope and impact of the measures adopted to promote rural employment, including updated statistics disaggregated by sex, age, socio-occupational category, economic sector and region. With regard to the concerns expressed by the Trade Union Movement in relation to the precarious working conditions and existence of cases of child labour in plantations, the Committee refers the Government to its 2021 comments on the Plantations Convention, 1958 (No. 110), and requests the Government to provide detailed and updated information on the inspections carried out in plantations, including the violations of labour standards reported.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 3 of the Convention. Implementation of a national employment policy. Consultations with the social partners. In its report, the Government refers to the main programmes and projects undertaken by the Ministry of Labour and Social Welfare through the General Directorate of Employment in relation to the development of the National Employment Policy 2012–21. The Committee notes that, during the period 2014–16, around 100,000 persons participated in various employability programmes and job fairs at the metropolitan and regional levels, of whom 25,000 were placed in jobs. The Committee recalls its 2014 observation that it is necessary to take into account the views and secure the support of the social partners to ensure that the programmes implemented generate quality jobs. The Committee requests the Government to continue providing information on the action taken to give effect to the National Employment Policy and to indicate whether the objectives set out in the policy have been achieved. Please also provide detailed information on the consultations held with the social partners in relation to the Convention with a view to taking into account their views and securing their cooperation and support for the implementation of an active employment policy. The Committee also once again requests the Government to provide information on the consultations required by the Convention with all the sectors concerned, and particularly with representatives of the rural sector and the informal economy.

Article 1(2)(c). Coordination of education and training policy with employment opportunities. The Committee notes that, according to the data provided by the Technical Training and Productivity Institute (INTECAP) on the impact of vocational training in terms of the labour market integration of trainees, 71 per cent of trainees interviewed in 2014 were working in the specialization that they had studied, and the figure was 72 per cent in 2015. The Committee also notes that, according to the information provided by the Government, one of the objectives of the Ministry of Labour and Social Welfare for 2016 is to work jointly with the Ministry of the Economy for the development of a new model of technical training within the framework of the National Vocational Training System. The Committee requests the Government to provide information on the development of this new model of technical training and invites it to continue providing information on the impact achieved through the various plans and programmes, including those of the INTECAP, with a view to ensuring that all those who have undertaken training are able to find a suitable job and to use their skills and aptitudes in that job.

Article 2. Labour market information. The Committee notes that, according to the findings of the National Employment and Income Survey 2016, the open unemployment rate at the national level has remained relatively low and stable at 3.1 per cent. The Committee however notes that there is still a high level of informality, with 69.8 per cent of the active population at the national level being engaged in the informal economy. The dominance of rural work stands out, with eight out of every ten workers being engaged in this sector. The Committee notes that in October 2016 representatives of the ILO and the European Union presented the project “Strengthening the Impact on Employment of Sector and Trade Policies”, which will be implemented in Guatemala as from this year with the objective of reinforcing the employment dimension of sectoral and trade policies and programmes with a view to promoting the creation and improvement of employment in agriculture, rural development, infrastructure and energy. The Committee requests the Government to provide detailed information on the situation, level and trends of the labour market illustrating the impact of the measures adopted to promote the employment of specific categories of workers (women, young persons, older workers, migrant workers, persons with disabilities, workers in the rural sector and the informal economy). Please also provide updated information on the size and distribution of the labour force, and the nature and extent of unemployment and underemployment.

Youth employment. The Committee notes that during the period 2014–15, around 1,000 young persons between the ages of 16 and 29 years from areas of extreme poverty participated in the My First Job Grant and Workshop Schools programmes, through which they had access to training provided by enterprises themselves. The Committee also notes the Youth Employment programme, supported by the European Union, which aims to provide study grants for 600 young persons in 2016 to improve their level of English. The Committee requests the Government to continue providing specific information on the measures adopted to strengthen programmes to facilitate the labour market integration of young persons, and on the impact of those measures.

Rural employment. The Committee notes that, according to the information provided by the Government, the commitments recently made by the Ministry of Labour and Social Welfare for rural employment promotion in the country include conducting an assessment of decent rural youth employment, which will be undertaken by the Labour Market Observatory in cooperation with the United Nations Food and Agriculture Organization (FAO). Based on the outcome of the assessment, training will be provided to at least 100 young persons in the various training specializations identified, with a view to facilitating their integration into local production or providing them with tools for self-employment, either on their own or in associations. Another measure that will be implemented with FAO cooperation is the establishment of a single employment counter at the municipal level in the department of San Marcos, which will bring together all of the employment policies, programmes and projects focusing on youth in rural areas. The Committee requests the Government to continue providing information on the measures adopted to promote rural employment and their impact, including updated statistics disaggregated by sex, age, occupational category, economic sector and region.

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

Articles 1 and 3 of the Convention. Implementation of a national employment policy. Consultations with the social partners. In a report received in 2013, the Government indicates that it launched the National Employment Policy in March 2012 with the objective of improving the standard of living of families, and creating conditions conducive to the generation of safe, decent and quality employment in Guatemala. With reference to the comments that it has been making for many years, the Committee notes with interest the document on the effects of trade on employment, Efectos del comercio en el empleo: Informe Guatemala, published by the ILO in June 2013 in the context of a project financed by the European Union. The technical studies undertaken and the multidisciplinary discussions lead once again to the conclusion that the promotion of trade needs to include a perspective which gives a central role to human resources development so as to promote the socio-economic opportunities which provide employment and decent wages. The Committee recalls that it is necessary to take into account the views and secure the support of the social partners to ensure that the programmes implemented generate quality employment. The Committee invites the Government to submit information on the manner in which the objectives set out in the National Employment Policy have been achieved. Please also provide detailed information on the consultations held with a view to securing the cooperation of the social partners for the implementation of an active employment policy. The Committee also once again requests the Government to provide information on the consultations required by the Convention with all the sectors concerned, and particularly with representatives of the rural sector and the informal economy.

Article 1(2)(c). Coordination of education and training policy with employment opportunities. The Committee notes the information provided on the results in 2012 of the implementation of the Training for Work Programme in the departments of Huehuetenango, San Marcos, El Quiché, Sololá, Quetzaltenango and Totonicapán. The Committee invites the Government to continue providing information on the impact of the plans and programmes implemented by the Technical Institute for Training and Productivity (INTECAP), as well as those implemented by the Ministry of Education and the National Employment System with a view to ensuring that each person who has received training can find a job that is suited to them and use their skills and endowments in that job.

Article 2. Labour market information. The General Confederation of Workers of Guatemala (CGTG) considered in its observations received in August 2013 that the labour market information available is inadequate. According to the statistical data provided by the Government in its report, 97 per cent of the economically active population is employed (6,055,826 persons) and the unemployed account for 3 per cent of the economically active population. Visible underemployment accounts for 18 per cent of the total employed population (1,111,954 persons). According to the data of the National Employment and Income Survey 2012, it is calculated that 25.5 per cent of the employed population is in the informal economy. The Committee invites the Government to continue providing up-to-date information on the situation, level and trends of the labour market with a view to identifying the impact of the measures adopted to promote employment among specific categories of workers (women, youth, workers in the rural sector and the informal economy). Please provide updated statistics on the size and distribution of the workforce, and the nature and extent of unemployment and underemployment.

Youth employment. The Committee notes that, according to the assessment made in the National Employment Policy paper, the national labour force is young and unskilled, with 70 per cent of the population of Guatemala being under 30 years of age, and 53 per cent under 20 years of age. According to the Labour Overview 2013 published by the ILO, the young unemployed in Guatemala account for over half of total unemployment. The Committee invites the Government to provide more specific information on the measures adopted to strengthen programmes to promote the integration of the youth population into the labour market.

Rural employment. The Committee notes that, according to the assessment in the National Employment Policy, despite the efforts made to diversify production, the agricultural sector continues to be the main employer (37 per cent of the economically active population). The sector tends to provide employment for people with less education and offers them lower wages. The Committee also notes that the Agricultural and Stock-raising Policy 2011–15 envisages strengthening capacities and the provision of technical assistance to producers, as well as the generation and transfer of technology. The Committee invites the Government to provide information on the measures adopted to promote rural employment.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 1 and 2 of the Convention. Coordination of employment policy and poverty reduction. In reply to the comments made in the 2010 observation, the Government provides information in the report received in September 2011 on the results of the National Emergency and Economic Recovery Programme (PNERE). The Committee notes that the objectives and aims of the employment policy of the PNERE facilitated the creation of jobs through investment to finance the construction of productive and social infrastructure, the granting of loans to small and medium-sized enterprises and the creation of jobs in the education, health and public sectors. The Government adds that the stimulus provided for public works in the fields of physical and social infrastructure made it possible to reduce the impact of the recession. Over 4,500 million Guatemalan quetzal (GTQ)were invested in the construction of road infrastructure, as well as a first down payment of GTQ332 million for the construction of the Northern Transversal Highway. In the field of education, around 2,000 classrooms, 800 sanitary services and 86 new school centres were equipped. The Committee invites the Government to provide updated information in its next report so that it can examine the manner in which the new employment objectives set out in government programmes have been achieved.

Article 2. Labour market information. The Committee notes that the data from the employment and income survey of 2010 are the first formal and official employment data for the country that have been available since the previous survey in 2004. The economically active population has risen by 16.3 per cent in relation to 2004 (and now numbers 5,769,262 persons). Around 202,876 persons are unemployed (3.52 per cent of the economically active population), while over 3,400,000 persons are underemployed or in the informal economy. The Committee observes that almost 60 per cent of the economically active population are without statutory benefits. The Government acknowledges that underemployment is becoming one of the most serious and complex problems confronting the country. Its seriousness lies in the magnitude and persistence of a phenomenon with devastating social consequences. The Committee invites the Government to provide in its next report updated information on the situation, level and trends of the labour market showing the impact of the measures adopted to promote employment for the most vulnerable sectors (women, youth, workers in the rural sector and the informal economy). The Committee requests the Government to provide updated information in the report on the size and distribution of the labour force, and the nature and extent of unemployment and underemployment.

Impact of trade policy in meeting the demand for jobs. In reply to its previous comments, the Government indicates that, despite the fact that Guatemala is a medium- to low-income country, its education system and the lack of social protection mechanisms are similar to low-income countries. The Government recognizes that the country will reap the benefits of access to the world market if human development strategies are included as an integral part of its growth and competitiveness strategy. The structure of exports was changing over the past decade (exports of manufactured products increased, services grew and agricultural exports decreased). The Government expresses concern that exports are dominated by agricultural and unsophisticated manufactured products, which generates low-quality jobs. The Committee invites the Government to continue to provide information on the impact of trade agreements on the generation of productive employment.

Article 3. Participation of the social partners. The Government indicates that an executive board composed of ministerial representatives was set up for the implementation of the PNERE. The crisis committee included representatives of the private sector, cooperatives and civil society. The Committee considers that greater participation by the social partners would make it possible to achieve better results in terms of employment and to overcome the persistent labour market difficulties. The Committee invites the Government to provide detailed information on the efforts made to hold the consultations with the social partners required by the Convention, which are intended for the design and implementation of an active employment policy. In this respect, the Committee emphasizes the importance of taking into account the views and securing the support of the social partners in order to ensure that the programmes implemented generate high-quality employment. The Committee reiterates its request for the inclusion of information on the consultations held with all the sectors concerned, including representatives of the rural sector and the informal economy.

Coordination of education and training policy with employment opportunities. In reply to its previous comments, the Government recalls the role played by the social partners on the governing board of the Technical Institute for Training and Productivity (INTECAP), in which plans and programmes are defined for the provision of vocational training and technical assistance for enterprises to improve national productivity. The Government refers to various initiatives adopted by the authorities and indicates that the illiteracy rate has fallen to 18.46 per cent (in 2005 the adult illiteracy rate was around 26 per cent). The Committee invites the Government to continue to provide information on the impact of INTECAP plans and programmes, as well as those implemented by the Ministry of Education and the National Employment System to ensure that each person who has acquired training can find suitable employment and endowments in such employment (Article 1(2)(c)).

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1 and 2 of the Convention. Coordination of employment policy with poverty reduction. The Committee notes the detailed information provided by the Government in its report received for the period ending September 2009. The Government includes the General Employment Plan for the period 2008–09, which aims to develop the country’s productive potential. The Government indicates in its report that in this time of global crisis, the Government’s efforts are geared towards achieving sustainable development based on decent work. In January 2009, the National Emergency and Economic Recovery Programme (PNERE) was launched to mitigate the negative effects of the crisis, which provides for the creation of jobs in both the public and private sectors through the construction of road infrastructure, health centres, hospitals and schools and the promotion of national and foreign investment. The Government’s priority sectoral policies are those concerning energy, rural development, housing and micro credit. The Committee requests the Government to include information in its next report concerning the impact that the General Employment Plan 2008–09 and the PNERE have had in terms of creating productive and sustainable employment.

The Committee notes that, according to data from the Economic Commission of Latin America and the Caribbean (ECLAC), the country’s GDP grew by 4 per cent in 2008, compared to 6.3 per cent in 2007. According to the Government, the unemployment rate stood at 5.67 per cent in 2008, with 421,451 persons unemployed and the highest unemployment rates found in the municipalities of Guatemala, Huehuetenango and San Marcos. Furthermore, according to the 2009 Labour Overview, as a result of the economic crisis, 2008 saw a drop in family remittances, which totalled an amount equivalent to 11.3 per cent of the GDP. Furthermore, the reduction in exports had a negative impact on employment. In its General Survey of 2010 concerning employment instruments, the Committee noted that the Government was attempting to estimate the impact of the Central America Free Trade Agreement (CAFTA) on employment. Some workers’ organizations had expressed concern that the CAFTA would result in heavy job losses, especially in agriculture and small and medium-sized enterprises, in the first year of its implementation (see paragraph 32 of the General Survey of 2010). The Committee requests the Government to include information in its next report on the impact that the trade policy has had in terms of meeting employment demand.

Article 3. Strengthening of labour market institutions. Participation of the social partners. The Government reports the creation of the National Employment System to establish active job creation policies. The Government also indicates that the design and formulation of the National Employment System has been the subject of tripartite validation. The Committee refers to its request concerning the application of the Employment Service Convention, 1948 (No. 88), in which it expressed its interest in receiving further information on the manner in which the social partners cooperate in the activities of the public employment service. In this regard, the Committee once again refers to its 2010 General Survey, in which it emphasized that social dialogue is essential in normal times and becomes even more so in times of crisis. The employment instruments require member States to promote and engage in genuine tripartite consultations (see paragraph 794 of the General Survey of 2010). The Committee requests the Government to indicate the manner in which the social partners participated in the design, implementation and evaluation of employment policies to combat the negative effects of the crisis. The Committee requests the Government to include information on the consultations required by the Convention with all sectors concerned, such as representatives of the rural sector, informal economy and workers affected by the drop in exports.

Article 2. Collection and use of information on the labour market. The Committee notes the reactivation of the Labour Market Observatory. In the context of the PNERE, a survey of the employment situation at the national level will be carried out every three months for the purpose of monitoring labour market conditions and identifying productive sectors and geographical areas which require additional stimulus measures to protect jobs. The Ministry of Labour and Social Security’s Operational Plan for 2009 provided for the promotion of projects and programmes to assist the most vulnerable sectors, such as young persons, women, older persons and persons with disabilities, to facilitate their integration into the labour market. Despite the increase in the participation of women in the labour market, according to the 2009 Labour Overview, the rate of active participation among women continues to be significantly lower than among men and stands at 45.2 per cent compared to 82.5 per cent among men. Furthermore, the overall illiteracy rate among persons aged 15 years and over stands at 25.2 per cent, while the rate among females is 32.1 per cent and the rate among males is 18.3 per cent. The Committee requests the Government to include up-to-date information in its next report concerning the labour market situation, levels and trends so that it can determine the impact that the new measures adopted have had in terms of promoting the employment of the most vulnerable sectors (women, young persons, older workers, rural workers and workers in the informal economy). With regard to workers with disabilities, the Committee refers to its request concerning the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159).

Coordination of education and training policy with employment opportunities. The Government indicates in its report that employers are responsible for expressing their specific needs for the purpose of creating vocational training mechanisms, according to the specific needs of the labour market. Employers are more aware of what training is required to incorporate workers into the productive sector and they express those needs in the context of the activities of the National Employment System. In its General Survey of 2010, the Committee emphasized the increasingly important role of the social partners and training institutions in defining human resources development strategies. The Committee requests the Government to indicate in its next report the manner in which the representatives of workers and employers have contributed to developing vocational training mechanisms. The Committee also requests the Government to provide information on the impact of the plans and programmes of the Ministry of Education and the Technical Institute for Training and Productivity (INTECAP), as well as those implemented by the National Employment System, in terms of ensuring that qualified persons are able to “use their skills and endowments in a job for which they are well suited” (Article 1(2)(c) of the Convention).

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

1. Articles 1 and 2 of the Convention. Coordination of employment policy with poverty reduction. The Committee notes the detailed information sent by the Government in August 2007 and the attached explanations provided in relation to the observation of 2006. The Government states that the employment component corresponds to one of the fundamental objectives of the “Economic and social revival programme”. In the context of the programme, job creation is boosted through the promotion of key sectors such as tourism, agriculture, forestry and manufacturing. Efforts are also being made to create a better climate for investment. The overall management of public sector actions to reduce poverty and achieve the Millennium Development Goals forms part of the “Guate Solidaria Rural” (Guatemalan rural solidarity) programme, according to the Planning and Programming Secretariat of the Presidency. The Government also mentions the support received from the United States Agency for International Development (USAID) for formulating public policies in favour of workers in the informal economy and migrant workers in Guatemala. In the preliminary proposal (May 2007) of the Decent Work Country Programme (DWCP), provision is made for the tripartite adoption and execution of a “National Plan for decent work and employment”. The Committee requests the Government to provide information in its next report on progress achieved by the implementation of the National Plan for decent work and employment in order to ensure that employment plays a central role in macroeconomic and social policies.

2. Article 2. Collection and use of information on employment. The Committee notes the detailed information collected by the Department of Employment and the National Institute of Statistics. The available data indicate that the employment situation remained stable since 2004. The Committee requests the Government, taking account of the results of its most recent surveys on employment and unemployment, to include information in its next report on the situation, level and trends of the labour market. The Committee hopes that the data collected will enable new measures to be determined which foster employment of those in the most vulnerable sectors (women, young persons, older workers, rural workers and workers in the informal economy).

3. Coordination of education and training policy with employment opportunities. The Committee notes with interest the information sent by the Technical Institute for Training and Productivity (INTECAP), whose strategic plan for 2006–10 considers aspects such as skill certification, strengthening of initial vocational training, support for administrative and quality processes in organizations, catering for vulnerable groups and strengthening human resources and institutional infrastructure. The Ministry of Education has provided a detailed report on the measures taken to improve the national curriculum, educational coverage, support for competitiveness, and other measures designed to improve schools and training for teachers. The Committee requests the Government to continue to supply information on the impact on the beneficiaries of plans and programmes of the Ministry of Education and INTECAP so that persons who have acquired the necessary training are able to gain access to decent jobs.

4. Export processing zones and impact of trade agreements. In reply to the observation of 2006, the Government has supplied detailed information through the Industrial Policy Directorate of the Ministry of Economic Affairs on employment generated in the export processing zones. Some 200 clothing factories occupy 90,335 workers. The Government also indicates that, in order to estimate the impact of employment generated by the United States and Central America Free Trade Agreement (CAFTA), the elasticity between growth in GDP and formal employment is being measured. The growth–employment elasticity of the agricultural and industrial sectors provides the estimate that a 1 per cent increase in GDP in those sectors would entail a 0.86 per cent reduction in employment in the agricultural sector and an increase of 2.19 per cent in the industrial sector. Some 700 formal jobs have been lost in the agricultural sector and around 4,400 additional jobs have been generated in the industrial sector in the first nine months that the CAFTA agreement has been in force. Observations from the Movement of Trade Unions, Indigenous Peoples and Peasant Farmers of Guatemala in defence of workers’ rights, which were sent to the Government in 2007, state that CAFTA has caused the loss of some 60,000 jobs in the first year that it has been in force. The trade union also refers to the resurgence of unemployment through the loss of jobs due to the destruction of national agriculture and of small and medium-sized enterprises. The Committee requests the Government to supply further information on the measures adopted for infrastructure development and its impact on job creation, and also on the contribution of export processing zones to the creation of lasting, high-quality employment and the impact of trade agreements on the labour market.

5. Article 3. Participation of the social partners. The Government reports on the work of the Tripartite Subcommittee on Employment Generation. Furthermore, in the preliminary document of the DWCP, the second priority is to strengthen the Government and the employers’ and workers’ organizations in the development of their capacities for the adoption and implementation of a National Plan for decent employment and work and to improve the quality and coverage of the services offered. The Committee emphasizes the fact that Article 3 of the Convention states that representatives of persons affected by the measures to be taken – and in particular representatives of employers and workers – shall be consulted with regard to the formulation and adoption of employment policies. The Committee considers that it is the joint responsibility of governments and the representative organizations of employers and workers to ensure that representatives of the most vulnerable and marginalized groups of the active population are associated as closely as possible with the formulation and implementation of measures of which they should be the prime beneficiaries (see paragraph 493 of the General Survey of 2004 on employment promotion). In this regard, the Committee hopes that the next report will include more detailed information on the measures taken as a result of the tripartite consensus reached with regard to employment policy. The Committee trusts that the report will also include information on consultations held with respect to the formulation and implementation of measures to achieve the objectives of full productive employment established by the Convention, including information on consultations with all sectors concerned, such as representatives of the rural sector, the informal economy and the export processing sector.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Coordination of employment policy and poverty reduction. The Committee notes the detailed information provided by the Government in relation to its 2004 comments. The Government refers to the document requested from the ILO Subregional Office on employment policy directives and decent work in Guatemala, which was submitted at the end of 2004 to the Tripartite Commission on International Labour Issues, within which an Employment Generation Subcommittee was established to examine the document, improve it and gather the views of other national bodies. The Government states that it is formulating a national employment and decent work policy to promote mass access to productive employment, improve employment levels, combat unemployment and underemployment and guarantee security of employment and income for workers. The cross-cutting themes of the employment and decent work policy are gender and indigenous peoples. The Committee once again expresses interest in continuing to be provided with information on the manner in which the Government ensures that employment occupies a central role in macroeconomic and social policies when formulating and implementing the national Poverty Reduction Strategy and in promoting decent work. The Committee considers that it is essential from the outset for employment objectives to be included “as a major goal” in the formulation of economic and social policy if these objectives are truly to be an integral part of the policies that are adopted (2004 General Survey on promoting employment, paragraph 490). In this respect, the Committee notes the “Tripartite Declaration for the promotion of employment and decent work in Central America and the Dominican Republic”, concluded by the Ministers of Labour and representatives of employers’ and workers’ organizations in Tegucigalpa in June 2005. It was agreed in the Tripartite Declaration, among other significant policies, to include the objective of creating worthwhile, lasting and high-quality jobs, in accordance with ILO parameters, as a central aim of macroeconomic policy, with efforts being focused not only on controlling inflation and the fiscal deficit, but also and with equal priority on the promotion of investment and equitable growth. The Committee would be grateful if the Government would provide information in its next report on the initiatives taken with ILO support to promote, at both the national and subregional levels, the objectives of the creation of productive employment as set out in the Convention (Part V of the report form).

2. The Government provided information on the persons registered with the Electronic Employment Exchange, the vacancies available and the persons placed in employment. It also provided information on the progress achieved in certifying skills in the firework industry and in the clothing and textiles industry. The Committee requests the Government to provide detailed information in its next report on the situation, level and trends of employment, unemployment and underemployment, with an indication of the extent to which they affect the most vulnerable categories (women, young persons, older workers, rural workers and workers in the informal economy). The Committee asks the Government to indicate the extent to which the objectives of education and vocational training policies have been coordinated with prospective employment opportunities.

3. The Committee recalls that it requested the Government to provide information on the impact on the local labour market of temporary or permanent movements of migrant workers. The Committee reiterates its interest in being provided with information on the measures adopted for infrastructure development and their impact on job creation, as well as the contribution of export processing zones to the creation of lasting and high-quality employment and the impact of trade agreements on the labour market.

4. Participation of the social partners. The Government states that, with a view to strengthening dialogue on employment, it is continuing to promote employment councils in relation to employment placement, human resources development and self-employment. It also adds that the Employment Directorate has convened 16 meetings of the Tripartite Employment Generation Subcommittee. The Committee refers once again to Article 3 of the Convention, under which consultations have to be held with representatives of all the persons affected, and in particular with representatives of employers and workers, for the formulation and adoption of employment policies. The Committee considers that it is the joint responsibility of governments and the representative organizations of employers and workers to ensure that representatives of the most vulnerable and marginalized groups of the economically active population are associated as closely as possible with the formulation and implementation of measures of which they should be the prime beneficiaries (see 2004 General Survey, op. cit., paragraph 493). In this respect, the Committee once again expresses interest in being informed of employment-generation proposals made by employer and worker representatives, and on the measures implemented by the Government as a result of the agreements reached. The Committee trusts that the Government will continue to provide information on the consultations held regarding the formulation and implementation of measures intended to achieve the objectives of full and productive employment set out in the Convention, including consultations with other sectors affected, such as representatives of the rural sector, the informal economy and the export processing sector.

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

The Committee refers to its observation and would be grateful if the Government would also provide information in its next report on the following matters.

1. The Committee notes that, by virtue of Government Agreement No. 242-2003 of 20 April 2003, the General Directorate of Vocational Training (responsible for formulating human resources and vocational training policies) and the General Directorate of Employment (responsible for formulating the national employment policy) have been established. The Committee asks the Government to indicate the active employment policy measures which have been formulated and implemented. In particular, the Committee trusts that the Government will be able to demonstrate that employment is a central concern of macroeconomic and social policy in the formulation and implementation of the national poverty reduction strategy. The Committee considers it essential that employment objectives are taken into account "as a major goal" from the outset of discussions for the formulation of economic and social policy if these objectives are truly to be an integral part of the policies that are adopted (paragraph 490 of the General Survey of 2004 on promoting employment).

2. The Committee notes with interest that arrangements have been made with the Ministry of Economy and the National Statistical Institute for the production of national quarterly employment and income surveys and that the use of statistical data, analysis and research into social problems is being encouraged. In this regard, the Committee hopes that the Government will continue to provide statistics and evaluations in its report which make it possible to examine the manner in which the promotion of employment is considered as an essential objective of all the available macroeconomic policy measures, and particularly monetary, budgetary, trade and development policies (Articles 1 and 2 of the Convention).

3. Please continue providing information on the progress achieved in relation to the certification of vocational skills and describe the extent to which educational and training policy objectives are coordinated with employment opportunities.

4. The Government states in its report that the industrialization deriving from export processing is intended to develop competitive elements in the various areas of international trade, such as the United States and Central America Free Trade Agreement. The Government also refers to the migration of agricultural workers to Belize for the sugar cane harvest and the temporary migration programme, established in collaboration with the Government of Canada and the International Organization for Migration, for the harvesting of fruit and vegetables on Canadian farms. The Committee would be grateful if the Government would continue to provide information on the manner in which employment policy measures are adjusted to the changes occurring in trade policy. Please also continue providing information on the impact on the local labour market of temporary or permanent international movements of migrant workers.

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

1. Participation of the social partners in the formulation and application of policies. The Committee notes with interest the information provided in the Government’s report, received in August 2003, on the progress made in the framework of the Tripartite Employment Generation Subcommittee. In the context of the work of the Subcommittee, the Guatemala Social Security Institute (IGSS) provided statistical data on the formal labour market for the period 1997-2001. In the formal economy, there are only 928,000 workers registered with the IGSS, whereas the informal economy accounts for 2,300,000 rural workers and 1,600,000 own-account workers. With the assistance of the ILO, the Subcommittee decided upon themes and held tripartite workshops on employment policy approaches for the poverty reduction strategy in Guatemala. According to Government data, six out of every ten citizens are poor, seven out of every ten are in rural areas and three indigenous persons out of every four are poor or extremely poor. The employment generation proposals made by the Government envisage ILO technical assistance and financing from the Inter-American Development Bank for the training of the poor rural labour force, the strengthening of employment services and the implementation of a system of labour statistics. The Committee asks the Government to include in its next report information on the measures adopted for the implementation of an active employment policy within the meaning of the Convention as a result of the technical assistance provided by the ILO.

2. The Committee notes the comments made in August 2003 by the Trade Union Confederation of Guatemala (UNSITRAGUA) concerning the application of Convention No. 122, which were transmitted to the Government in October 2003. UNSITRAGUA expressed concern at the rise in both unemployment and the size of the informal economy. It maintains that the available work does not provide a real guarantee for workers, due to the fact that the level of wages is well below the level needed to meet the basic needs of workers and their families. The workers available are prepared to work under conditions which are much lower than the minimum levels established by national legislation.

3. The Committee recalls that Article 3 of the Convention requires the holding of consultations with representatives of all the persons affected, and particularly with representatives of employers and workers, for the formulation and adoption of employment policies. The Committee considers that it is the joint responsibility of governments and the representative organizations of employers and workers to ensure that representatives of the most vulnerable and marginalized groups of the active population are associated as closely as possible with the formulation and implementation of measures of which they should be the prime beneficiaries (paragraph 493 of the General Survey of 2004 on promoting employment). In this connection, the Committee would be grateful to be informed of the employment generation proposals made by the employer and worker representatives, and the measures implemented by the Government as a result of the agreements reached. In general, the Committee trusts that the Government will continue providing information on the consultations held with a view to the formulation and implementation of measures to achieve the objectives of full and productive employment set out in the Convention, including consultations with representatives of other categories of persons affected, such as those working in the rural sector, the informal economy and the export processing sector.

4. In a direct request, the Committee continues its examination of the application of the Convention in relation to: the formulation of economic and social policy; the coordination of education and training policies with prospective employment opportunities; the creation of employment in the export processing sector; and the impact on the local labour market of temporary or permanent international movements of migrant workers.

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

1. The Committee notes the Government’s reports received in September 2001 and August 2002, as well as the statistics appended to the Government’s last report. The Committee notes that Government Agreement No. 872/2000 of 28 December 2000, is intended to modernize the organization of the Ministry of Labour and Social Insurance through the establishment of the General Directorate of Vocational Training and Employment (DICAFORE). The Government recognizes that the prolonged economic crisis has resulted in high levels of open unemployment and underemployment and a significant reduction in the real income of workers. The Government proposes to develop an employment and income-generation strategy in agribusiness, industry and services, based on approaches that are appropriate to the rural environment and the conservation of natural resources. The Government also refers to radio programmes entitled "Tiempo para el empleo" (Time for employment), the planning of an employment and labour market monitoring mechanism and the establishment of four employment kiosks, without providing precise information on the scope of the programmes to be carried out, the impact of the workshops held or the manner in which the statistics compiled have been used for the preparation of employment promotion measures. The Committee once again requests the Government to provide with its next report copies of reports, studies and enquiries, as well as statistical data, to enable the Committee to evaluate the nature, extent and trends of unemployment and underemployment, as well as the impact of the Government’s economic and social policies on employment (Part VI of the report form). Please also indicate the employment policy measures which have been formulated and implemented in Government plans (Article 1 of the Convention). In particular, the Committee asks the Government to indicate to what extent the measures to promote economic development or other economic and social objectives have been based on a consideration of their impact on the labour market (Article 2).

2. Please describe the activities undertaken by DICAFORE in the fields of human resources development, vocational training and the official certification of occupational skills. Please indicate the extent to which the objectives of education and vocational training policies have been coordinated with employment opportunities.

3. The Committee requests that the Government provide information in its next report on employment trends in the export processing and coffee sectors, and on the measures that have been adopted to reintegrate men and women workers who have been affected by job losses in the above sectors back into the labour market.

4. Article 3. The Government indicates in the report received in August 2002 that Employment Councils have been established as advisory bodies under the Ministry of Labour and are responsible for reaching decisions of a technical and policy nature in relation to employment. They are composed of representatives of employers and workers and are active throughout the national territory. The Committee recalls that the consultations required by the Convention must cover the measures to be taken in relation to employment policy with a view to taking fully into account the experience and views of those consulted and securing their full cooperation in formulating and enlisting support for the implementation of such measures. The consultations with the representatives of the persons affected should include, in particular, the representatives of employers and workers, as well as representatives of other categories of the active population, such as persons working in the rural sector and the informal sector. The Committee trusts that the Government will include with its next report examples of the recommendations made by Employment Councils in relation to the consultations required by this important provision of the Convention.

5. Part V of the report form. The Committee notes the assistance received in the context of the project for the modernization of labour administrations in Central America (MATAC), which promoted an exchange of experience between public employment services in the region. The Committee requests that the Government also include information in its next report on the action taken as a result of the technical assistance received from the ILO in the field of employment policy.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

1.  The Committee notes the Government’s report for the period ending June 1998. The Committee would be grateful if the Government would provide, with its next report, copies of reports, studies and inquiries, statistical data, to enable the Committee to evaluate the nature, extent and trends in unemployment and underemployment, as well as the impact of the Government’s economic and social policies on employment (Part VI of the report form). Please also indicate whether the objectives fixed by the Action Plan for Social Development 1996-2000 have been attained and specify the employment policy measures which have been formulated and the future plans and programmes to be pursued (Article 1 of the Convention). In particular, the Committee requests the Government to indicate the manner in which the measures to promote economic development or other economic and social objectives have been evaluated to determine the impact of these measures on the employment market (Article 2).

2.  The Committee notes with interest that a National Programme for the Promotion of Micro and Small Enterprises has recently been implemented to reduce underemployment by encouraging the underemployed to become self-employed. The Committee requests the Government to continue to provide information in respect of sustainable employment created within the framework of the above Programme. The Government may consider is useful to consult the provisions of the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

3.  Please provide information (including statistical data and the categories of works concerned) in respect of the manner in which the social funds, referred to in the Government’s report, have contributed to creating sustainable employment within communities.

4.  Please also continue to provide information in respect of the measures adopted by the Social Assistance to Workers Unit of the Ministry of Labour and Social Security to generate productive employment. Please also specify whether measures have been adopted to promote the long-term integration into the employment market of women and young people who are seeking a first employment.

5.  Please also provide statistical data concerning the results obtained in matters of employment as a consequence of employment integration programmes for demobilized and migrant workers.

6.  The Committee had noted with interest the 1996 Employment Reports published by the Technical Institute for Training and Productivity (INTECAP). The Committee requests the Government to continue to provide this type of information and, in particular, to indicate to what extent it has achieved the objectives of the education and vocational training policies in respect of employment opportunities.

7.  Article 3.  The Committee would like to recall that the consultations required under this provision of the Convention should include all aspects of the economic and social policy which have an impact on employment and, moreover, the representatives of employers and workers as well as representatives of other sectors of the economically active population, such as those working in the rural or informal sectors should be consulted. The Committee requests the Government to provide information in respect of the effect given to this essential provision of the Convention. Please also specify whether the Advisory Council of the National Employment Department, referred to in the Government’s previous reports, is now operational.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the Government's report for the period ending June 1998. The Committee would be grateful if the Government would provide, with its next report, copies of reports, studies and inquiries, statistical data, to enable the Committee to evaluate the nature, extent and trends in unemployment and underemployment, as well as the impact of the Government's economic and social policies on employment (point VI of the report form). Please also indicate whether the objectives fixed by the Action Plan for Social Development 1996-2000 have been attained and specify the employment policy measures which have been formulated and the future plans and programmes to be pursued (Article 1 of the Convention). In particular, the Committee requests the Government to indicate the manner in which the measures to promote economic development or other economic and social objectives have been evaluated to determine the impact of these measures on the employment market (Article 2).

2. The Committee notes with interest that a National Programme for the Promotion of Micro and Small Enterprises has recently been implemented to reduce underemployment by encouraging the underemployed to become self-employed. The Committee requests the Government to continue to provide information in respect of sustainable employment created within the framework of the above Programme. The Government may consider is useful to consult the provisions of the Job Creation in Small and Medium-Sized Enterprises Recommendation, 1998 (No. 189).

3. Please provide information (including statistical data and the categories of works concerned) in respect of the manner in which the social funds, referred to in the Government's report, have contributed to creating sustainable employment within communities.

4. Please also continue to provide information in respect of the measures adopted by the Social Assistance to Workers Unit of the Ministry of Labour and Social Security to generate productive employment. Please also specify whether measures have been adopted to promote the long-term integration into the employment market of women and young people who are seeking a first employment.

5. Please also provide statistical data concerning the results obtained in matters of employment as a consequence of employment integration programmes for demobilized and migrant workers.

6. The Committee had noted with interest the 1996 Employment Reports published by the Technical Institute for Training and Productivity (INTECAP). The Committee requests the Government to continue to provide this type of information and, in particular, to indicate to what extent it has achieved the objectives of the education and vocational training policies in respect of employment opportunities.

7. Article 3. The Committee would like to recall that the consultations required under this provision of the Convention should include all aspects of the economic and social policy which have an impact on employment and, moreover, the representatives of employers and workers as well as representatives of other sectors of the economically active population, such as those working in the rural or informal sectors should be consulted. The Committee requests the Government to provide information in respect of the effect given to this essential provision of the Convention. Please also specify whether the Advisory Council of the National Employment Department, referred to in the Government's previous reports, is now operational.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

1. The Committee notes the Government's report for the period ending June 1996 which contains detailed information in reply to its previous direct request and to which useful texts are attached. It notes that, according to the Government, poverty, unemployment and underemployment are due mainly to low productive investment. The rate of declared unemployment stood at 4.3 per cent in 1995, but the chief characteristic of the labour market is the underemployment of the majority of workers in unskilled, low productive and poorly paid jobs.

2. The Committee notes with interest that the objectives of the Government's action plan 1996-2000 to raise living standards, combat underemployment and offer the free choice of employment coincide to a large degree with those of the Convention. In addition, it also notes the relevant stipulations in the Agreement on socio-economic aspects and the agrarian situation concluded in May 1996 in the framework of the peace agreements. It notes that the action plan for social development aims particularly at bringing the underemployment rate down to 45 per cent and achieving an activity rate of 30 per cent for women. The Committee requests the Government to indicate in its next report any results which have been achieved in the pursuit of these objectives by describing the measures applied and detailing the difficulties encountered. It requests the Government to continue to attach to its reports copies of reports, surveys or studies relating to the impact on employment of economic and social policy measures.

3. The Committee also notes with interest the 1995 annual report of the Technical Institute for Training and Productivity (INTECAP). Please continue to provide this type of information and to indicate to what extent the objectives of education and training policies are achieved.

4. Please supply detailed information on the implementation of measures designed to promote the integration of women into productive and lasting employment. In addition, please indicate whether specific programmes are designed for young people seeking first employment.

5. Please describe the progress made in cooperation between the National Employment Office and Private Placement Services with a view to providing a better response for workers in the informal sector, bearing in mind the relevant provisions of Conventions Nos. 88 and 96.

6. Please continue to supply information on activities in regard to migration for employment and particularly the implementation of the Tecún Umán pilot project.

7. With reference to its previous comments, the Committees notes with interest the establishment of the Advisory Council of the National Employment and Training Department. The Committee would be grateful if the Government would indicate whether it requests assistance, as it intended, from the ILO multidisciplinary team in San José (Costa Rica) to improve the Council's functioning. In this connection, it recalls that the consultations required by Article 3 of the Convention should be extended to all aspects of economic and social policy which have an impact on employment and that, in addition to employers' and workers' representatives, the representatives of other sectors of the active population, such as persons engaged in the rural sector and the informal sector should be consulted. The Committee requests the Government to continue to supply information on the effect given to this essential provision of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report for the period ending June 1992 and the appended labour statistics bulletins for 1990 and 1991. These statistics show that only some 33 per cent of the active population can be considered to be fully employed, 60 per cent are affected by under-employment and the remainder are considered to be unemployed. These figures confirm that a very high proportion of the Guatemalan population are employed in low-productivity and low-income jobs and that poverty and precarious forms of employment are on the increase. In its working paper Guatemala: Políticas de empleo e ingresos en el marco del pacto social (September 1992), PREALC considers that the costs and benefits of structural adjustment and economic recovery programmes during the period 1986-89 were not fairly distributed among the various groups of society.

1. Article 1 of the Convention. In its previous comment, the Committee asked the Government to indicate to what extent the employment objectives included in the policies and actions of the Ministry of Labour and Social Welfare had been attained. In its reply, the Government states that it expects to attain the employment objectives only in the medium term and that, owing to the economic constraints imposed by a fairly tight budget, it is unable to implement these measures as promptly as it would have liked. The Committee trusts that in its next report the Government will provide details of the particular difficulties encountered in pursuing the objectives of full and productive employment and indicate to what extent it has overcome them. The Government may find it useful to refer to the provisions of Recommendations No. 122 and 169 (the text of which can be found in the annex to the report form) which are complementary to Convention No. 122 and contain general guidelines on how to frame an employment policy within the meaning of the Convention. Please also include with the next report the texts defining the current employment policy.

2. The Government states that a regionalization plan was launched in 1993 which provides for the establishment of regional offices for employment and vocational training in the various provinces. Please indicate in the next report how these new offices intervene in labour markets and how they meet the special needs of workers in the various regions and in the urban and rural informal sectors. The Committee asks the Government also to refer to the relevant provisions of the Employment Service Convention (No. 88), 1948 and the Fee Charging Employment Agencies Convention (Revised) (No. 96), 1949, both of which Guatemala has ratified, and to the Committee's latest comments on them.

3. The Committee notes that the dismissal indemnity has been replaced by an annual allowance for private and public sector workers (Congress of the Republic Decree No. 42-92 of 2 July 1992). It would be grateful if the Government would indicate the number of workers affected by this new provision and how many of them have found other jobs.

4. The Committee notes with interest that in August 1991 an ILO project was launched on support for occupational integration and the development of income-generating activities for disabled persons. It would be grateful if the Government would provide information on the results of this project and its impact on the employment of the disabled. The Committee again suggests that the Government might find it useful to refer to the provisions of the ILO instruments of 1983 concerning the vocational rehabilitation and employment of disabled persons (Convention No. 159 and Recommendation No. 168).

5. The Government indicates in its report that the National Office for Women is looking into the implementation of projects for the protection of women and young persons in employment. The statistics sent by the Government show that the situation of women and young workers is particularly worrying. Please indicate whether any special employment programmes are planned for women and unemployed young workers.

6. In its previous report the Government referred to a vocational guidance and training programme. The Committee requested information on measures adopted to coordinate teaching and vocational training policies with employment prospects. In this connection, the Committee would be grateful if the Government would provide information on the training and occupational integration activities of the Technical Institute for Training and Productivity. With regard to these subjects, the Government might find it useful to refer to the instruments concerning human resources development and the Committee's General Survey on them (1991).

7. Article 2. The Committee notes with interest the quality of the statistical information provided by the Government. It notes that with the help of the ILO project GUA/87/024 the Government has now acquired the capacity to collect and process data showing the labour market situation. This information should assist the Government in deciding on and keeping under review, within the framework of a coordinated economic and social policy, the employment policy measures to be adopted, in accordance with Article 2, paragraph (a), of the Convention.

The Government indicates in its report that the Ministry of Labour and Social Welfare is part of the "social cabinet" and that its employment policy must be decided on and implemented within the framework of the Government's economic and social policy. The Committee asks the Government to continue to enclose with its reports any reports, studies, surveys or statistics likely to provide fuller information on how account is taken on the impact of other economic and social policy measures on employment.

8. Article 3. The Government indicates that the consultations required by this important provision of the Convention are held within the Advisory Council of the National Employment and Training Department, which is a tripartite body. The Committee asks the Government in its next report to provide examples of how account is taken of the experience and opinions of the employers' and workers' representatives on the above Council, and its conclusions and recommendations.

The Committee hopes that the next report will contain information on any other initiatives to promote consultations on employment policy, which may include representatives of other sectors of the economically active population such as workers in the rural and informal sectors.

9. Part V of the report form. The Committee refers to the above-mentioned PREALC document of September 1992 on employment and incomes policies in the context of the social pact. The Committee would be grateful if the Government would indicate in its next report how the analyses, suggestions or advice contained in this document have been taken into consideration.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report for the period between July 1993 and June 1994, which was received in June 1995. Unlike the reports provided previously, the Government's report does not contain statistical data or documentation enabling the Committee to make a full assessment of the manner in which effect is given to the provisions of the Convention. Although the Committee understands that, as stated by the Government, in view of the persistent economic difficulties of the country, it has not been possible to overcome the obstacles to achieving the objectives of full, productive and freely chosen employment, it would be very grateful if the Government would make every effort, when preparing the next detailed report on the application of the Convention, to obtain the information required by the corresponding report form. In this respect, it would be grateful to have information on the situation, level and trends of employment, underemployment and unemployment in the country, with an indication of the extent to which they affect particular categories of workers who often experience difficulties in finding lasting employment during periods of persistent economic difficulties, such as women, young persons who work, young persons who wish to enter the labour market, and rural and farm workers. The Committee once again refers to the matters raised in its previous direct requests and would also be grateful if the next report covered the following questions:

1. Article 1 of the Convention. Please provide the texts defining the active policy designed to promote full, productive and freely chosen employment that is currently being pursued.

2. The Committee notes that a pilot project is being implemented in Tecún Umán for the registration and control of Guatemalan agricultural workers who are temporarily under contract to work in farms in the south of the State of Chiapas (Mexico). Please indicate the results achieved by the above project in ensuring that migration takes place under conditions which promote full, productive and freely chosen employment (the Government may consider it useful to refer to Paragraph 39(b) of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169)).

3. With reference to its comments on the application of the Employment Service Convention, 1948 (No. 88), and the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), the Committee would be grateful if the Government would indicate the manner in which it intends to intervene in the labour market to deal with the particular needs of workers in the urban and rural informal sector.

4. The Committee welcomes the ratification of the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and hopes the Government will continue supplying information on the integration into the labour market of persons with disabilities when examining the reports on the application of the above Convention.

5. The Government states that a Unit for the Protection of Young Persons at Work and a Unit for the Protection and Training of Women Workers have been established in the Ministry of Labour and Social Welfare, which are reported to have planned measures to assist unemployed women workers and young persons. Please provide fuller information on the programmes undertaken and the results achieved in assisting women and young workers find lasting employment.

6. Please provide information on the training programmes carried out by the Technical Institute for Training and Productivity (INTECAP), and the measures taken to coordinate education and training policies with prospective employment opportunities. The Committee recalls that on this matter the Government may consider it useful to refer to the instruments on the development of human resources (the Human Resources Development Convention (No. 142) and Recommendation (No. 150), 1975), which were covered by its 1991 General Survey.

7. Article 2. In its previous comments, after expressing its satisfaction at the quality of the statistical data transmitted by the Government, the Committee expressed the hope that the processing of labour statistics would make it possible for the Government to be in a position, in accordance with Article 2(a) of the Convention, to decide on and keep under review the employment policy measures to be adopted. Employment policy measures should form part of a coordinated economic and social policy. It its report, the Government states that the situation has not changed since the previous report. In these circumstances, the Committee requests the Government to provide information enabling it to gain a better understanding of the manner in which account has been taken of the effects on employment of all the economic and social policy measures adopted.

8. Article 3. The Government states in its report that unfortunately it did not manage to establish the Advisory Council of the National Employment and Training Department, but that the Department continued to work on the subject. The Committee emphasizes the importance of consultations with the representatives of the persons affected by the employment policy measures to be adopted. In this respect, it trusts that the Government will make every effort within its power to hold the consultations required by the Convention, which may include representatives of other sectors of the economically active population, such as workers in the rural sector and the informal sector. The Committee would be grateful if the Government would provide full information on the results achieved in this respect.

Finally, the Committee considers it appropriate to recall, as set out in the report form, that many aspects of an active employment policy are beyond the competence of the Ministry responsible for labour matters and that the preparation of a report may require consultations with other ministries or government bodies concerned, such as those responsible for planning, the economy and statistics. The Committee has no doubt that the Government will seek to obtain information so that it is in a position to transmit a full and detailed report and that it will have recourse, if it considers it appropriate, to the advice and assistance that can be provided in this respect by the Area Office and the ILO multidisciplinary advisory team.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report for the period ending June 1992 and the appended labour statistics bulletins for 1990 and 1991. These statistics show that only some 33 per cent of the active population can be considered to be fully employed, 60 per cent are affected by under-employment and the remainder are considered to be unemployed. These figures confirm that a very high proportion of the Guatemalan population are employed in low-productivity and low-income jobs and that poverty and precarious forms of employment are on the increase. In its working paper Guatemala: Políticas de empleo e ingresos en el marco del pacto social (September 1992), PREALC considers that the costs and benefits of structural adjustment and economic recovery programmes during the period 1986-89 were not fairly distributed among the various groups of society.

1. Article 1 of the Convention. In its previous comment, the Committee asked the Government to indicate to what extent the employment objectives included in the policies and actions of the Ministry of Labour and Social Welfare had been attained. In its reply, the Government states that it expects to attain the employment objectives only in the medium term and that, owing to the economic constraints imposed by a fairly tight budget, it is unable to implement these measures as promptly as it would have liked. The Committee trusts that in its next report the Government will provide details of the particular difficulties encountered in pursuing the objectives of full and productive employment and indicate to what extent it has overcome them. The Government may find it useful to refer to the provisions of Recommendations No. 122 and 169 (the text of which can be found in the annex to the report form) which are complementary to Convention No. 122 and contain general guidelines on how to frame an employment policy within the meaning of the Convention. Please also include with the next report the texts defining the current employment policy.

2. The Government states that a regionalization plan was launched in 1993 which provides for the establishment of regional offices for employment and vocational training in the various provinces. Please indicate in the next report how these new offices intervene in labour markets and how they meet the special needs of workers in the various regions and in the urban and rural informal sectors. The Committee asks the Government also to refer to the relevant provisions of the Employment Service Convention (No. 88), 1948 and the Fee Charging Employment Agencies Convention (Revised) (No. 96), 1949, both of which Guatemala has ratified, and to the Committee's latest comments on them.

3. The Committee notes that the dismissal indemnity has been replaced by an annual allowance for private and public sector workers (Congress of the Republic Decree No. 42-92 of 2 July 1992). It would be grateful if the Government would indicate the number of workers affected by this new provision and how many of them have found other jobs.

4. The Committee notes with interest that in August 1991 an ILO project was launched on support for occupational integration and the development of income-generating activities for disabled persons. It would be grateful if the Government would provide information on the results of this project and its impact on the employment of the disabled. The Committee again suggests that the Government might find it useful to refer to the provisions of the ILO instruments of 1983 concerning the vocational rehabilitation and employment of disabled persons (Convention No. 159 and Recommendation No. 168).

5. The Government indicates in its report that the National Office for Women is looking into the implementation of projects for the protection of women and young persons in employment. The statistics sent by the Government show that the situation of women and young workers is particularly worrying. Please indicate whether any special employment programmes are planned for women and unemployed young workers.

6. In its previous report the Government referred to a vocational guidance and training programme. The Committee requested information on measures adopted to coordinate teaching and vocational training policies with employment prospects. In this connection, the Committee would be grateful if the Government would provide information on the training and occupational integration activities of the Technical Institute for Training and Productivity. With regard to these subjects, the Government might find it useful to refer to the instruments concerning human resources development and the Committee's General Survey on them (1991).

7. Article 2. The Committee notes with interest the quality of the statistical information provided by the Government. It notes that with the help of the ILO project GUA/87/024 the Government has now acquired the capacity to collect and process data showing the labour market situation. This information should assist the Government in deciding on and keeping under review, within the framework of a coordinated economic and social policy, the employment policy measures to be adopted, in accordance with Article 2, paragraph (a), of the Convention.

The Government indicates in its report that the Ministry of Labour and Social Welfare is part of the "social cabinet" and that its employment policy must be decided on and implemented within the framework of the Government's economic and social policy. The Committee asks the Government to continue to enclose with its reports any reports, studies, surveys or statistics likely to provide fuller information on how account is taken on the impact of other economic and social policy measures on employment.

8. Article 3. The Government indicates that the consultations required by this important provision of the Convention are held within the Advisory Council of the National Employment and Training Department, which is a tripartite body. The Committee asks the Government in its next report to provide examples of how account is taken of the experience and opinions of the employers' and workers' representatives on the above Council, and its conclusions and recommendations.

The Committee hopes that the next report will contain information on any other initiatives to promote consultations on employment policy, which may include representatives of other sectors of the economically active population such as workers in the rural and informal sectors.

9. Part V of the report form. The Committee refers to the above-mentioned PREALC document of September 1992 on employment and incomes policies in the context of the social pact. The Committee would be grateful if the Government would indicate in its next report how the analyses, suggestions or advice contained in this document have been taken into consideration.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's first report on the application of the Convention. The Government has provided an interesting document prepared by the National Department of Employment and Vocational Training listing the policies and actions of the Ministry of Labour and Social Welfare in the area of employment and income. It also refers to the preparation of a project to restructure the National Employment Department which includes measures set out in Convention No. 122 and which should enable the characteristics of employment offers to be analysed and knowledge of short-term labour prospects to be improved.

The Committee has also received information from the Employment Programme for Latin America (PREALC), which provided the Government with technical assistance in the form of project GUA/87/024 Strengthening the Ministry of Labour in the area of labour administration, legislation and employment. The Committee also notes the document Evaluation, analysis and formulation of employment and incomes policies in Guatemala, published by the Ministry of Labour and Social Welfare in November 1988.

The Committee would be grateful if, in its next report, the Government would provide the information required by the report form, particularly with regard to the following matters:

(i) Article 1 of the Convention. Please indicate the extent to which the employment objectives included in the policies and actions of the Ministry of Labour and Social Welfare enumerated in the document of the National Employment Department enclosed with the report have been or are being attained.

(ii) Please refer to the employment policy measures concerning balanced regional development, particularly in the north of the country, and measures to promote complementary relationships between the formal sector (urban and rural) and the informal sector. The Government might find it useful to consult the annexes contained in the report form on the Convention (see in particular Chapter V of the Employment Policy (Supplementary Provisions) Recommendation, 1984 (No. 169).

(iii) Please give particulars of the impact on the labour market of the Act respecting economic compensation for length of service (Documentos de Derecho Social 1991/1, 1990-GTM1), especially the number of workers who have received unemployment benefit and the number of workers who have found new jobs since the mechanism came into force.

(iv) The Committee notes with interest the provisions of Ministerial Agreement No. 12, of 29 June 1983, to set up the Disabled Persons Placement Division in the National Department of Employment and Vocational Training of the Ministry of Labour and Social Welfare (LS, 1983-Gua. 1). Please describe the operation of the above service and its impact on the employment of disabled persons. The Committee suggests that the Government might consult the provisions of the ILO instruments of 1983 concerning the vocational rehabilitation and employment of disabled persons (Convention No. 159 and Recommendation No. 168).

(v) Please specify the measures adopted or envisaged to meet the needs of other categories of workers who regularly encounter difficulties in finding lasting employment (for example, women, young people, etc.; see Paragraphs 15 et seq. of Recommendation No. 169 mentioned above).

(vi) In the annex to its report, the Government refers to a "programme of vocational guidance and training" aimed at training workers so that they acquire qualifications that will provide them with "better employment opportunities". Please describe the impact of measures adopted to coordinate education and training policies with prospective employment opportunities.

(vii) Article 2. The Committee notes with interest the statistical data transmitted by the Government, based on the national social-demographic survey of 1986-87 conducted by the National Institute of Statistics. According to information received from PREALC, project GUA/87/024 succeeded in providing the necessary data processing and storage capacity for a data bank on the labour market in Guatemala. Please indicate subsequent measures adopted to collect and analyse statistical and other data on the size and distribution of the labour force, the nature, extent and trends of unemployment, as a basis for deciding on measures of employment policy. The Committee would be grateful if the Government would forward copies or extracts of reports, studies and inquiries, statistical data to enable it to better ascertain the impact on employment of economic and social policy measures (Part VI of the report form).

(viii) Please describe the procedures adopted to ensure that the principal measures of employment policy are decided on and kept under periodical review within the framework of a coordinated economic and social policy.

(ix) Article 3. In its report the Government indicates that a tripartite National Advisory Council has been set up to improve the operation of the National Department of Employment and Vocational Training. The Committee refers to its direct request of 1990 on the application of Articles 4 and 5 of the Employment Service Convention, 1948 (No. 88), and asks the Government to indicate how the representatives of the persons affected are consulted concerning employment policy.

(x) The Committee notes the recent Governmental Agreement, No. 129-91 of 1 March 1991, providing that the workers', employers' and cooperative sectors of the country are to be convened to participate, together with the Government of the Republic, in the examination, negotiation and formalisation of the Social Pact. Please provide information on how these consultations have influenced employment policy, and on consultations with representatives of the other sectors of the economically active population such as those working in the rural sector and the informal sector.

(xi) Part V of the report form. Please indicate the action taken as a result of, or any factors which have prevented or delayed, the measures suggested in the context of the technical assistance provided by the Office in the area of employment policy.