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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Guatemala (Ratification: 1952)

The Committee notes the observations of Public Services International (PSI) and its affiliates (the Trade Union of University Workers of San Carlos of Guatemala, the Trade Union of Workers in Legislative Body, the Transport Federation of Guatemala, and the Trade Union of Property Registry Administrative Workers), received on 2 September 2025, which refer to matters addressed in this comment. The Committee also notes the additional information from the Government, received on 27 November 2025.

Complaint under article 26 of the ILO Constitution. The Committee recalls that a complaint concerning non-observance by the Government of Guatemala of the present Convention and the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), submitted under article 26 of the ILO Constitution by several Workers’ delegates to the International Labour Conference in June 2023, is being examined by the ILO Governing Body. The Committee observes that, at its 355th Session (November 2025), and in view of the efforts undertaken by the Government to ensure the application of the Conventions, the Governing Body: requested the Government to continue intensifying its efforts to ensure the application of the present Convention and Convention No. 87; requested the Office to continue expanding its technical assistance programme to ensure further progress in the implementation of the referred Conventions; and deferred to its 358th Session (November 2026) the decision to consider further action in respect of the complaint submitted under article 26 (document GB.355/INS/10(Rev.1).

Joint mission of the ILO, the International Organisation of Employers (IOE) and the International Trade Union Confederation (ITUC). The Committee also notes that, at the Government’s request, a joint mission by the ILO, the IOE and the ITUC was conducted in Guatemala between 19 and 21 August 2025, with the aim of identifying a series of priority actions to assist with the implementation of the road map on freedom of association. At the end of its visit, the mission issued an assessment report published as an appendix to document GB.355/INS/10(Rev.1).

Article 1 of the Convention. Protection against anti-union discrimination. Activities of the labour inspection services. The Committee notes the Government’s indication that: in 2023, 10 complaints were filed, containing reports of 10 infringements, with 10 penalties imposed, amounting to 285,755.40 Guatemalan quetzales; in 2024, 76 complaints were filed, containing reports of 47 infringements, with 40 penalties imposed, amounting to 884,376.03 Guatemalan quetzales; and in 2025 (as at 26 June 2025), 19 complaints were filed, containing reports of 1 infringement, with 1 penalty imposed, amounting to 7,101.20 Guatemalan quetzales. The Committee also welcomes the plans of the Ministry of Labour and Social Welfare, referred to in document GB.355/INS/10(Rev.1) and its appendices, to strengthen labour inspection, in particular with regard to freedom of association, through the increase of the number of inspectors and the conduct of inter-institutional inspections in the maquila sector. The Committee duly notes the information provided and requests the Government to continue to provide information on the number and type of penalties imposed by the General Labour Inspectorate in trade union matters, and on the implementation of planned measures to strengthen labour inspection and their impact on the application of the Convention.

Effective judicial proceedings. In its previous comments, the Committee: (i) requested the Government to intensify efforts to ensure compliance with the reinstatement orders of dismissed trade unionists, taking into account the guidance established in the Diagnostic Study prepared by the Office; and (ii) urged the Government to take the necessary measures to adopt the new procedural rules so that all cases of anti-union discrimination are examined by the courts in summary proceedings and that the respective court rulings are implemented as soon as possible.

The Committee notes that the Government indicates: (i) the non-approval by the Congress of the Republic of Bill No. 5809, proposing a Labour and Social Security Procedural Code; (ii) the future conduct of tripartite dialogue in the National Tripartite Committee on Labour Relations and Freedom of Association (CNTRLLS) to formulate an opinion on reforms to labour procedures that can be submitted to the Congress of the Republic; (ii) the scheduling of meetings with judicial authorities in order to address the functioning of the Pluripersonal Court of Penal Resolution regarding the consideration of cases of non-compliance with labour decisions. In this regard, the Government provides detailed information on the results obtained by this judicial body since its creation in February 2023, including with regard to reinstatements.

The Committee notes with interest the results obtained by the Pluripersonal Court of Penal Resolution created in 2023, and other judicial initiatives described in document GB.355/INS/10(Rev.1) and its appendices, such as the establishment of new labour and mixed chambers throughout the country, and initiatives to process the amparo applications filed concerning labour matters in a more efficient manner. At the same time, the Committee notes the observations of PSI and its affiliates, in which they allege the persistent delay in the implementation of reinstatement orders. In the light of the above, the Committee reiterates its request for the Government to intensify its current efforts to ensure compliance with the reinstatement orders for workers subject to anti-union dismissals, taking due account of the guidance set out in the Diagnostic Study developed by the Office in 2024. Furthermore, the Committee once again urges the Government, in consultation with the social partners, take the necessary measures to adopt new procedural rules so that all cases of anti-union discrimination are examined by the courts in summary proceedings, and that the respective court rulings are implemented as soon as possible. The Committee requests the Government to provide information on any progress in this regard, and to continue to provide statistics on the specific results achieved by the new judicial body in terms of compliance with and the execution of reinstatement orders.

Article 4. Promotion of collective bargaining in the private sector. Possibility of bargaining at all levels. In its previous comments, the Committee urged the Government, in consultation with the social partners, to take the necessary measures to reform section 215(c) of the Labour Code relating to the requirements for the establishment of industry trade unions in order to facilitate collective bargaining at the sectoral level. The Committee notes the Government’s indication that: (i) as indicated previously, the CNTRLLS requested ILO technical assistance to facilitate the tripartite discussion relating to industry unions and sectoral bargaining; and (ii) the Subcommittee on Legislation addressed the matter at its meeting in March 2025, agreeing on a tripartite basis to request that the CNTRLLS continue the discussion with the CNTRLLS’s extended bureau. Recalling once again that collective bargaining should be possible at all levels, the Committee notes the limited progress made with the adoption of legislative reforms to facilitate collective bargaining at the sectoral level, and observes that the Government does not indicate any measures taken to promote collective bargaining in the private sector. The Committee therefore once again urges the Government, in consultation with the social partners and with the technical assistance of the Office, to take all the necessary measures to reform section 215(c) of the Labour Code, and to provide information on the measures taken to promote collective bargaining in the private sector.

Approval of collective agreements in the private sector. The Committee notes the Government’s indication that: (i) between 2020 and 2025, 100 collective agreements on working conditions were approved; and (ii) progress was made in the CNTRLLS on a proposal for regulations governing the approval of collective agreements in the private sector. Recalling once again that: (i) approval of collective agreements is compatible with the Convention on condition that refusal of approval is restricted to cases in which the collective agreement contains flaws regarding its form or does not comply with the minimum standards laid down by the general labour legislation; and (ii) this formality must be as streamlined as possible, the Committee requests the Government to provide specific information on the status of the proposed regulations governing the approval of collective agreements in the private sector, and to ensure that, in any case, the approval of the proposed regulations promotes free and voluntary collective bargaining in the private sector.

Articles 4 and 6. Promotion of collective bargaining in the public sector. In its previous comments, the Committee trusted that the Government, in consultation with the social partners concerned, would develop a regulatory framework that ensures a meaningful scope for collective bargaining on the working and employment conditions of public sector workers (including remuneration), establishes clear rules on the procedures for determining available public funds prior to the signing of collective agreements, and avoids any delay in the approval process of collective agreements.

The Committee notes the Government’s indication that, in its meeting in June 2025, the CNTRLLS agreed to request further technical assistance of the Office to support the process to develop regulations governing the approval of collective agreements in the public sector. The Committee also notes the observations of PSI and its affiliates, in which they reiterate that they were not invited to the meeting of the CNTRLLS, at which proposals by the Government were addressed, and also express their concern about a Bill (No. 6558) which, in their view, undermines the rights to collective bargaining and freedom of association. The Committee notes that the information provided by the Government and the assessment report of the ILO, IOE and ITUC mission show that the dialogue on the proposed regulations has given rise to differences between workers and employers, and that, at the same time, the parties are willing to conduct further analysis with the technical assistance of the Office. The Committee reiterates its hope that further social dialogue and the technical assistance of the ILO will contribute to the development of a regulatory framework that, taking into account the specific characteristics of collective bargaining in the public sector: (i) ensures a meaningful scope for collective bargaining on the working and employment conditions of public sector workers, including remuneration; (ii) establishes clear rules on the procedures for determining available public funds prior to the signing of collective agreements; and (iii) avoids any delay in the approval process of collective agreements. The Committee requests the Government to continue to provide information in this respect.

Application of the Convention in practice. Maquila sector. In its previous comments, the Committee urged the Government to take specific measures to promote the rights protected by the Convention in the maquila sector and requested up-to-date information on the number of collective agreements in force and the number of workers covered by them, and also the number of active unions in the sector. The Committee notes the Government’s indication that: (i) 942 enterprises related to the maquila sector have been identified; (ii) in March 2024, an operational plan was implemented under the responsibility of the General Labour Inspectorate which covered 563 enterprises and 83,988 workers in 21 departments of the country; (iii) in July 2025, a specific operational plan was implemented to check working conditions in 75 workplaces in the maquila sector, covering 14,394 workers; (iv) the General Labour Inspectorate set up forums for dialogue and mediation and conducted awareness-raising campaigns underlining the importance of collective bargaining; (v) between 2020 and 2023, three collective agreements were approved in the maquila sector; and (vi) between 2024 and May 2025, two trade union organizations were reported to be active in enterprises in the maquila sector. The Committee duly notes the information provided by the Government. Noting the very small number of trade unions and collective agreements reported by the Government and taking account of the fact that violations of trade union rights in the maquila sector constitute one of the allegations in the complaint submitted under article 26 of the ILO Constitution, the Committee once again urges the Government to intensify and expand measures to promote freedom of association and collective bargaining in this sector, and to continue to provide up-to-date information on the number of collective agreements in force and the number of workers covered by them, and also on the number of unions that are active in the maquila sector.

Application of the Convention in municipal authorities. In its previous comments, the Committee once again urged the Government to take all necessary measures, including legislative, to ensure the application of the Convention in the municipalities. The Committee notes the Government’s indication that: (i) it has encouraged rapprochement between the Presidency of the National Association of Municipalities and the CNTRLLS, aimed at creating a forum for dialogue and analysis to strengthen the labour rights of municipal workers and at promoting a culture of compliance concerning the right to collective bargaining; (ii) between 2020 and May 2025, 28 collective agreements on working conditions in municipalities were approved and 74 already approved collective agreements are in force in this sector overall; and (iii) the General Labour Inspectorate has carried out various interventions to enforce and protect the right of workers in this sector to freedom of association. The Committee lastly notes that the priority actions identified by the joint mission of the ILO, IOE and ITUC include a proposal to establish a permanent channel for dialogue between the National Association of Municipalities and the Ministry of Labour and Social Welfare to settle disputes between the municipalities and the trade unions relating to the high rate of non-compliance with worker reinstatement orders. The Committee urges the Government to take all necessary measures, including legislative, to ensure the application of the Convention in municipalities and to intensify its efforts to promote sustained tripartite dialogue on the problems in the sector. The Committee requests the Government to provide information on the progress made in this respect.

Tripartite settlement of disputes in relation to freedom of association and collective bargaining. In its previous comments, the Committee expressed the hope that the Government would be able to report on the appointment of a mediator and the effective start of the work of the Subcommittee on Mediation and Conflict Resolution. The Committee notes the Government’s indication that, in January 2025, the Subcommittee on Mediation and Conflict Resolution agreed, in a tripartite setting, on the profile of a mediator and referred its agreement to the CNTRLLS, which will discuss the subject at its forthcoming meeting. The Committee reiterates its hope that the Government will soon be able to report on the appointment of a mediator and the effective start of the work of the Subcommittee on Mediation and Conflict Resolution.

The Committee takes due note that the Government continues to avail itself of ILO technical assistance to address, in consultation with the social partners, several of the serious difficulties concerning the application of the Convention that have been noted for many years. The Committee once again encourages and once again urges the Government, with the participation of the CNTRLLS, to take all necessary legislative and practical measures to resolve these issues.