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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Guatemala (Ratification: 1959)

Articles 7 and 11(a) of the Convention. Permanent exemptions. The Committee notes the information supplied by the Government concerning the enterprises authorized to grant exemptions from the principle of weekly rest for the 2007–08 period. It also notes that work on rest days or public holidays is performed on a voluntary basis with a corresponding wage increase and that, under section 128 of the Labour Code, any employer who requests an exemption must meet the conditions laid down in the regulations issued by the Ministry of Labour and Social Welfare. The Committee requests the Government once again to indicate whether the regulations provided for in section 128 of the Labour Code have been issued and, if so, to transmit a copy.

Recalling that the Convention only allows special weekly rest schemes to be applied where the nature of the work or service, the size of the population to be served or the number of persons employed make it necessary, in consultation with the representative employers’ and workers’ organizations, taking account of all proper social and economic considerations, the Committee requests the Government to state the categories of persons or establishments which are subject to special weekly rest schemes, the reasons for applying such schemes and the consultations held in relation to such exemptions.

Articles 8 and 11(b). Temporary exemptions. Further to its previous comment, the Committee notes that the Government’s report does not contain any information on the conditions in which temporary exemptions may be granted, compensatory rest granted as a result and also the methods adopted for consultation of the representative employers’ and workers’ organizations concerned. While recalling that the Convention only permits temporary exemptions for limited and clearly defined reasons, namely: (i) in case of accident, force majeure or urgent work; (ii) in the event of abnormal pressure of work due to special circumstances; and (iii) in order to prevent the loss of perishable goods, the Committee requests the Government once again to supply detailed information on these points.

With regard to the observations made by the Trade Union Confederation of Guatemala (UNSITRAGUA) concerning the hours of work of judges and auxiliary staff at law courts, the Committee notes the Government’s statement that the general labour inspectorate deals with all complaints from workers and trade unions and, in the event of a breach of labour legislation, the inspectorate applies the provisions of section 281 of the Labour Code concerning procedures in cases of infringements. It also notes that, according to information from the Supreme Court of Justice, judges and auxiliary staff at law courts resident in the district for which they are responsible may be required to work outside normal hours, including on the weekly rest day, but only on an exceptional basis and on condition that compensatory rest is granted (to be taken during the following week) as provided for by section 32 of the collective agreement relating to conditions of work concluded between the state judiciary and the trade union of its employees (STOJ).

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government concerning the failure to remunerate or grant weekly rest for the 2007–08 period. The Committee would be grateful if the Government would continue to supply general information on the manner in which the Convention is applied in practice, including, for example, information relating to the number of workers covered by the legislation, extracts of the reports of the inspection services indicating the number and nature of offences reported and penalties imposed, copies of the relevant collective agreements, etc.