Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

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

Articles 1 and 3 of the Convention. Implementation of a national employment policy. Consultations with the social partners. The Committee notes the various policies adopted recently, to which the Government refers, and which include: (i) the One-Stop Service for Migrants; (ii) the Municipal One-Stop Employment Services; and (iii) the youth employability measures promoted. The Committee also notes the action taken in 2020 and 2021, which includes: (i) the accreditation of 923 migrants and 890 non-migrants; (ii) five meetings between the ministries that are members of the National Decent Work Commission (CONED); the commencement of the activities of the CONED secretariat; (iii) the conclusion of an interinstitutional cooperation agreement for the provision of over 9,000 training and technical skills grants; and (iv) the commencement of the process of updating the National Decent Work Policy (PNED) 2017–32. The Government indicates that the CONED technical secretariat will lead the process of updating the PNED, for which purpose 312 working meetings, workshops and events have been held with the participation of representatives of workers, employers, academia and the Government. The Government adds that in May 2023 the first meeting was held with the Tripartite Commission on International Affairs and Freedom of Association to provide information on the strategic framework of the PNED. The Committee recalls the importance of consultations with the social partners in the design of labour policies and the need for information on the scope and impact of the measures that have been or are to be adopted in order to be able to assess them. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights, in its concluding observations on the fourth periodic report of Guatemala, expressed concern, among other matters, with regard to: (i) the disproportionate impact that the adjustment of the minimum wage by district has on the income of workers and that the minimum wage remains insufficient to ensure a decent standard of living for workers and their families, as well as the significant number of workers who receive less than the minimum wage; (ii) that the right to collective bargaining, the right to strike and to form trade unions remain restricted and reports of threats and acts of violence, including the murder of trade union leaders and members; and (iii) the close links between social security benefits and formal employment, as reflected in the low coverage of the social security system, especially among workers in the informal economy and self-employed workers (E/C.12/GTM/CO/4, of 11 November 2022, paras 24, 28 and 30). The Committee emphasizes that employment challenges, such as high rates of informality, a concentration of work in the agricultural sector, low educational levels and limited access to social security have the effect of perpetuating poverty and causing migration in search of better opportunities. The Committee recalls that the central purpose of the Convention is to promote the formulation and application of a national employment policy designed to guarantee full, productive and freely chosen employment as a fundamental means of raising levels of living and ensuring decent working conditions for the population as a whole. In light of this objective, the Committee emphasizes the importance of the policy being developed and implemented in broad consultation and with the effective participation of the social partners, including workers, employers and the representatives of vulnerable categories, such as women, young persons, indigenous peoples and informal economy workers. In view of the above, the Committee reiterates its request to the Government to provide detailed and updated information in its next report on the content and impact of the policies and measures adopted for the promotion of decent employment and labour-market inclusion, with special emphasis on the consultation procedures used and the manner in which the recommendations and experience of the various social groups have been taken into account. In this regard, the Committee draws the Government’s attention to the ILO Employment Policy Action Facility web page, which contains resources designed to support the development and implementation of effective employment policies and contains policy guidance, research and reports, tools and manuals, case studies and opportunities for training and capacity-building. In particular, the Employment Policy Design Lab is a space proposing ILO methods, tools and good practices in certain countries, which can help decision-makers in the formulation and implementation of more effective employment policies.

Informal economy. The Government indicates that, according to the National Employment and Income Survey, the population engaged in the informal economy amounted to 5,128,032 persons in 2021 and 4,944,880 persons in 2022, of whom around 60 per cent were men and 50 per cent were not indigenous, and that informality was mainly concentrated in rural areas. The Committee notes that, although there was a slight fall, informality in labour relations continues at a high level. The Committee notes the Government’s reference to various measures adopted to facilitate the transition to the formal economy, including the One-Stop Service for Migrants, Municipal One-Stop Employment Services, the My First Job Grant Programme, which offers the opportunity to obtain a grant in a formal enterprise, and programmes such as Workshop Schools and the Training and Capacity-building for Employment Section. The Committee notes the action taken by the Tax-paying Culture Department to strengthen the capacities of employers for the transition to the formal economy. The Government indicates that the Guatemalan Social Security Institute (IGSS) established the strategic objective of the extension of coverage in its Strategic Institutional Plan 2018–22. The Government adds that, when the IGSS presented its report, it had a coverage of 73.7 per cent of the formal labour market, which reflects an increasing trend, as the figure was 65.6 per cent in 2021. The Committee notes the increase in the indicators of social insurance coverage in the labour market, which fell from a non-coverage rate of 82.2 per cent in 2020 to a non-coverage rate of 78.7 per cent in 2022. The Government indicates that, within the framework of the PNED, various interinstitutional coordination activities are being carried out by the Ministry of Labour and Social Welfare and the IGSS for the revision and updating of the PNED. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights also expressed concern at the number of people who work in the informal sector and therefore do not enjoy labour protection or access to social security (E/C.12/GTM/CO/4, para. 22).

The Committee observes that, despite a slight decrease, labour informality continues to be high in Guatemala, which especially affects workers in rural areas, women and indigenous people. While recognizing the initiatives taken by the Government in the fields of employment and training, as well as the extension of IGSS coverage, it emphasizes the need for more decisive progress in the formalization of employment.

The Committee recalls that the transition to the formal economy is essential to improve social protection, ensure decent working conditions and promote sustainable economic development and it urges the Government to make use as a point of reference of the ILO Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), as well as all the technical manuals and tools, including the resources available on the Employment Policy Action Facility and the Transition to Formality website. It also emphasizes the value of the Strategy for the Promotion of Formalization in Latin America and the Caribbean 2024–2030 (FORLAC 2.0) published by the ILO in 2024, which sets out good practices, a comprehensive overview and specific tools with a view to achieving progress in the formalization of labour in a Latin American context. The Committee also draws the Government’s attention to the conclusions adopted at the 113th Session of the International Labour Conference (June 2025), which provide recommendations and relevant and updated guidance for national action. The Committee once again requests the Government to provide detailed and updated information on the size of the informal economy and the impact of the measures adopted to promote the transition to formality, with particular attention to rural areas and vulnerable groups. It also recommends the strengthening of the effective participation of the social partners throughout the process as a means of ensuring the effectiveness and sustainability of the national strategy. It further requests the Government to continue providing detailed and updated information on the nature and impact of the measures adopted under the PNED to facilitate the transition to the formal economy, particularly in rural areas. This includes the measures adopted within the framework of the National Formalization Strategy drawn up in 2019.

Rural employment. The Committee notes the statistical data provided by the Government on the persons who have received guidance from Municipal One-Stop Employment Services, disaggregated by sex and age range, reaching a total of 14,222 persons between 2020 and February 2023. The Committee requests the Government to disaggregate the information in future reports so that it is possible to identify the use of Municipal One-Stop Employment Services by rural workers. The Committee notes the information provided on the implementation of the Rural Education Project V (PROEDUC), with the support of the German Development Bank. The Committee requests the Government to provide information on the impact of the rural employment promotion measures adopted in the context of the PROEDUC project. The Committee notes the statistical data provided by the Government on inspections in plantations between 2020 and 28 March 2023. It notes that, as a result of all the inspections carried out, three administrative penalties were imposed in 2020, five in 2021, 20 in 2022 and none in 2023 up to 28 March. The Government indicates that focused and regional annual operational plans are drawn up by labour inspectors, particularly covering the agricultural sector and the verification of the employment of minors. It adds that the employment of 22 minors was detected in workplaces in specific plantation activities in 2022, but none in 2020, 2021 or in 2023 up to 28 March. With reference to the impact of the Single Protocol on labour inspection procedures, the Government indicates that 32 inspections were carried out in 2020, 29 in 2021, six in 2022 and 14 in 2023 up to 28 March. It adds that administrative penalties were imposed in four cases. The Committee notes that the Committee on Economic. Social and Cultural Rights also expressed concern at the very unstable conditions of work of persons working in certain sectors, including agriculture, and particularly those employed in palm oil plantations, and domestic work, and that the State does not have sufficient human resources to conduct inspections with a view to providing effective solutions for workers (E/C.12/GTM/CO/4, para. 26). In its previous comments, the Committee noted that the priority actions of the PNED include the preparation of a rural development plan for an agricultural and stock-raising revolution with a view to promoting decent work in rural areas.

Taking into consideration the strategic importance of rural employment for inclusive social and economic development, the Committee invites the Government to provide detailed and updated information on the impact of flagship projects, such as the Rural Education Project (PROEDUC), implemented with the support of the German Development Bank, including their specific impact in terms of the generation of decent and sustainable work in rural areas.

The Committee also notes with concern the persistence of precarious conditions of work in rural areas, and particularly in palm oil plantations and cultivation, and the inadequate capacity of the labour inspection system to ensure effective compliance with labour standards in these areas. The Committee therefore urges the Government to strengthen significantly focused and regional labour inspection systems, with special emphasis on the protection of minors and vulnerable groups in rural areas.

The Committee emphasizes the importance of making progress in the implementation of the rural development plan for a revolution in agriculture and stock-raising as an integral part of the National Decent Work Policy with a view to guiding public policies to promote formal and productive rural employment with labour protection. The Committee invites the Government to make use of ILO Recommendation No. 204 and to make use of the available manuals and technical tools, including the FORLAC regional guide and the conclusions adopted by the International Labour Conference in 2025, as essential resources for the formulation of integrated and effective policies for formalization and decent work in rural areas. In this regard, the Committee once again requests exhaustive information disaggregated by sex, age, socio-occupational category, economic sector and region as a basis for a comprehensive assessment of the scope and impact of the measures and policies implemented to promote labour market integration in rural areas, with the active participation of the social partners and representatives of the most vulnerable groups.

Education and training. The Committee notes the information provided by the Government on the implementation of various programmes relating to education and vocational training. The Government indicates that, in the context of the Skills Certification System (SCC), the Workshop Schools Programme was carried out with the objective of the provision of employment skills and technical vocational training, with the participation of 169 persons (87 women and 82 men) in 2022. The statistical data provided by the Government shows that in 2021 and 2022 a total of 5,989 persons were accredited and obtained certification through the SCC. The Government also refers to the Guatemalan Vocational Training Threshold Programme, within which the Vocational Training component was established, under which 18 vocational qualifications were developed, from which six new careers have been derived based on the model of vocational technical training. The Committee notes that 726 students were registered in these careers during the period from 2021 to April 2023 (438 men and 288 women). The Government also refers to the Technical Skills Programme for Employment, the purpose of which is to develop capacities and skills through the provision of grants, and which focuses on vulnerable categories, such as indigenous peoples, persons with disabilities, youth and returning migrant workers. The Committee notes that in 2022 there were a total of 7,323 participants (2,468 women and 4,855 men) in this programme. The Government adds that the Ministry of the Economy (MINECO) is implementing a contract with the Technical Skills and Productivity Institute (INTECAP) through which training grants are provided to the categories prioritized by the programme and that in 2022 a total of 805 persons (265 men and 540 women) benefited from training grants. The Committee notes the information provided by the Government on coordination between vocational education and training policies and employment policies and programmes. The Government indicates that INTECAP coordinates with the Ministry of Labour and Social Welfare (MINTRAB) the action taken in this connection, through participation in meetings and the conclusion of a service agreement between the two institutions. The Government adds that the MINTRAB and INTECAP conclude interinstitutional agreements for the provision of training services. It adds that the Ministry of Education (MINEDUC) participates in the coordination and follow-up of the National Vocational Training System (SINAFOL) with a view to the matching of demand for employment and training provision. The Committee requests the Government to continue providing updated information, including statistical data disaggregated by age and sex, on the nature and impact of the education and vocational training measures adopted and their relation to potential employment opportunities.

Labour market information. The Committee notes the information provided by the Government on the promotion of women’s employment. The Government indicates that the MINTRAB, through its Women Workers Section, promotes action on the labour rights of women, including: (i) support, advice and information for women workers; (ii) workshops and training on gender-related requirements and labour rights, with the indication that between 2020 and March 2023 a total of 7,297 women participated in those activities; (iii) the promotion, in collaboration with UNICEF, of the Breastfeeding-Friendly Spaces Initiative in institutions in the public and private sectors, and that between 2020 and March 2023 recognition was granted to ten institutions in this regard; and (iv) training grants, which were received by 805 persons (540 women and 265 men) in 2022. The Committee notes the statistical information provided by the Government on labour market trends, based on data from the National Employment and Income Survey. The Government indicates that in 2022 the open unemployment rate was 2 per cent for men and 4.5 per cent for women, while the visible underemployment rate was 9.7 per cent for men and 14 per cent for women. The Committee also notes the statistical information provided by the Government on employment trends for specific categories of workers, including women, young persons, adults, the indigenous population, the active population in rural areas and in the informal economy. In its 2023 observation, the Committee noted that the PNED provides for the establishment of a National Labour Information System, which seeks to implement an evaluation and monitoring system for the PNED and to make available to labour market institutions, employers and the population in general all the available labour market information. The Committee notes that the Government has also provided information on the National Vocational Training System. Noting that the open unemployment rate of women is over twice that of men, the Committee requests the Government to continue providing information on the measures adopted or envisaged to promote productive, sustainable and decent work for women, and their impact. It also requests the Government to continue providing updated statistical data, disaggregated by age and sex, on labour market trends, including employment, unemployment, underemployment (both visible and invisible) and informality rates, disaggregated by sex, age and rural and urban areas. It also requests the Government to provided statistical data on the labour market situation and trends with a view to identifying the impact of the employment measures adopted on specific categories of workers, such as women, young persons, adults, migrant workers, persons with disabilities, indigenous peoples and workers in the rural sector and informal economy.

Youth employment. The Committee notes the information provided by the Government on the various youth employment measures implemented. The Government refers, among other measures, to: (i) the National School Employment Workshops Programme, focused on improving the employability of young persons; (ii) the My first Job Grant Programme, the objective of which is to promote and support the recruitment of young persons between the ages of 18 and 24 years as apprentices for a four-month period, of which there were 703 beneficiaries (328 men and 375 women) in 2022; (iii) the National Employment Service (SNE), which provides employment placement, promotion and vocational guidance services, of which young persons between the ages of 21 and 30 years account for 50 per cent of users and those between the ages of 16 and 20 years for 23 per cent of users. The Committee notes, from the statistics provided by the Government, that there was a constant increase between 2020 and January 2023 in the number of persons who received guidance and who were inserted into the labour market by the SNE and that the INTECAP has trained and issued certificates to over 400,000 persons a year. The Government also refers to the “Craftworkers Social Grant” in the Social Grant Programme, which targets adults, and preferably women, in urban and rural areas who are in a situation of poverty or extreme poverty, which provided a total of 12,595 grants during the period 2020–22. The Committee notes the statistical data provided by the Government on youth employment trends. Labour market statistics for the years 2021 and 2022 show that 74,496 persons between the ages of 15 and 24 were unemployed in 2021, with this figure rising to 107,588 in 2022, while 177,215 young persons were affected by visible underemployment in 2021, rising to 189,250 in 2022, and that there were 1,531,477 economically inactive young persons in 2021, rising to 1,553,582 in 2022. The Committee notes that the United Nations Committee on Economic, Social and Cultural Rights also expressed concern that children and young persons, particularly in rural areas, continue to be victims of labour exploitation (E/C.12/GTM/CO/4, para. 32). Noting the concerning increase in youth unemployment and underemployment, the Committee requests the Government to continue providing updated information on the nature and impact of the measures adopted 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. The Committee also draws the Government’s attention to the resources developed by the ILO on youth employment, which can play an important role in the design and implementation of effective policies to address the specific labour market challenges faced by young persons.

Persons with disabilities. The Committee notes the information provided by the Government on the measures adopted to promote the access to the labour market of persons with disabilities. The Government refers, among other measures and activities, to the availability of the “Tu Empleo” platform, employment kiosks, employment fairs, employers’ conferences and training for employers and workers. The Government provides statistical data covering the years 2020 to 2023 on the number of persons with disabilities who were placed in employment by the SNE in public and private establishments, the number of persons trained on subjects related to disability and the number of public and private institutions covered by awareness-raising activities on labour rights, with emphasis on disability. The Government adds that, with a view to promoting the employment of persons with disabilities, 15 agreements were concluded with public and private institutions during the period 2016–22. The Committee notes the statistical data provided by the Government on the labour market situation of persons with disabilities. The Government reports that the principal sources of data were the XIIth National Population Census and the VIIth Housing Survey from 2018 and that, of the total employed workforce at the national level, 7.4 per cent (536,478 workers) have a disability, and that three-in-ten of these workers are women. The Committee notes that, although this information offers a useful starting point, it is not yet sufficient as a basis for evaluating the impact of the measures taken with a view to increasing the access of persons with disabilities to the open labour market. The Committee notes the information provided by the Government on the situation regarding the proposed legislative initiative for the promotion of work, employment and entrepreneurship for persons with disabilities. The Government indicates that, in July 2019, the draft text was approved by the Disability Commission of the Congress of the Republic. In January 2020, it was debated twice and that, at the time that the report was prepared, the draft text was awaiting discussion and approval at its third reading, its examination section by section and the approval of the final text. The Committee notes that the Inter-American Commission on Human Rights (IACHR), in its preliminary observations for the on-site visit to Guatemala of 2024, indicated that, despite the existence of specific labour inclusion programmes for persons with disabilities, these programmes have weaknesses due to the lack of accessibility and reasonable accommodation (IACHR, Preliminary Observations on the on-site visit to Guatemala, 2024, para. 78). The Committee requests the Government to continue providing detailed and updated information on the measures adopted to promote the access of persons with disabilities to the open labour market. In this regard, the Committee reiterates its request to the Government to make every effortto compile, analyse and communicate statistical data on the labour market situation of persons with disabilities as a basis for assessing the impact of the measures adopted to increase the access of persons with disabilities to the open labour market. It also requests the Government to provide updated information on the situation regarding the proposed legislative initiative for the promotion of work, employment and entrepreneurship for persons with disabilities, and to provide a copy once it has been adopted.

Women. The Committee notes that, in its concluding observations on the tenth periodic report of Guatemala, the United Nations Committee on the Elimination of Discrimination against Women expressed concern at the: (i) high unemployment and self-employment rates among women and their concentration in the informal economy; (ii) the limited employment opportunities in the State for rural women, women with disabilities, indigenous women, Garifuna women, women of African descent and migrant women, as well as lesbian, bisexual, transgender and intersex women; and (iii) that the State has not ratified the ILO Domestic Workers Convention, 2011 (No. 189), the Violence and Harassment Convention, 2019 (No. 190), or the Maternity Protection Convention, 2000 (No. 183), (CEDAW/C/GTM/CO/10, of 14 November 2023, para. 36). The Committee requests the Government to provide detailed information on the measures adopted or envisaged for the updating and implementation of the national employment policy with a view to addressing the labour market challenges faced by women. In this regard, the Committee draws the Government’s attention to the ILO guidance on gender-responsive employment policies, which can help decision-makers to adopt more equitable and effective employment policies. The available resources place emphasis on the importance of including the gender perspective in employment policies with a view to promoting equality. They include good practices and effective methods adopted in various countries, as well as tools and resources for the design and implementation of inclusive strategies, and they explore innovations and new perspectives in this field.