Demande directe (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

Convention (n° 138) sur l'âge minimum, 1973 - Guatemala (Ratification: 1990)

The Committee takes note of the information in the Government's first report on the application of the Convention. It would be grateful if the Government would supply further information on the following points:

Articles 1 and 2, paragraph 1, of the Convention. The Convention prohibits not only the employment, but any kind of work of young persons, even for their own account, under the specified minimum age. In its declaration in which the Government has specified a minimum age of 14 years, as well as in article 102, lit. l) of the Constitution, reference is only made to employment of young persons, whereas sections 147 ff. of the Labour Code refer, in a general manner, to work of young persons. Please indicate whether the minimum age provisions of the legislation regulate any kind of work of young persons and not only dependent employment.

Article 2, paragraph 3. Please indicate the age of completion of compulsory schooling.

Article 3, paragraphs 1 and 2. Section 148 of the Labour Code, as amended by Decree No. 64-92, of 10 November 1992, prohibiting work by minors in unhealthy and dangerous places, does not refer to unhealthy and dangerous work in general, as stipulated by this provision of the Convention. Such kind of work and work which is likely to jeopardize the morals of young persons is to be determined, according to the national legislation, by regulations or by the General Labour Inspection.

The Committee requests the Government to indicate whether the prohibition to undertake work in unhealthy and dangerous places also covers unhealthy and dangerous work in general, even if it is undertaken in otherwise safe places.

Please also indicate at what age a minor becomes of age.

Please describe what regulations concerning work which is likely to jeopardize the health, safety or morals of young persons, have been issued by the legislator or by the General Labour Inspection.

Please also indicate what measures are taken or envisaged to ensure that the organizations of employers and workers will be consulted in this process.

Article 3, paragraph 3. Please describe what exceptions, if any, have been granted to the prohibition for minors to perform unhealthy or dangerous work, to authorize such work to persons of between 16 and 18 years of age, taking into account the requirements of this provision of the Convention.

Article 6. Please indicate whether there exist provisions to regulate the conditions for apprenticeships, as required by this provision of the Convention.

Article 7, paragraphs 1 and 4. Please supply the regulations to determine, in accordance with section 148, subsection 3(e) of the Labour Code, the work of young persons under the age of 14 years, after hearing employers and workers.

Please indicate what conditions are to be fulfilled to comply with "the requirement of the obligatory education", which must be respected if the General Labour Inspection is to grant, under section 150 of the Labour Code, written exceptions to the minimum age requirements of 14 years.

Furthermore, please indicate what measures are contemplated or taken to limit the lower age for the granting of such exceptions for light work to 12 years, in accordance with the Convention.

Article 7, paragraphs 2 and 4. Please indicate the measures contemplated or taken to regulate the work of persons above the age of 14 years who have not yet completed their compulsory schooling.

Article 9, paragraph 2. Please indicate the persons responsible for compliance with the provisions giving effect to the Convention, e.g. employers, parents, legal representatives or the children themselves.