Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to elect representatives and self-administer in full freedom
- To be elected as a union leader a person must be of Guatemalan origin and be employed by the company. (Arts. 220 and 223 of the Labour Code).
Barriers to the establishment of organisations
- Excessive representativity or minimum number of members required for the establishment of a union
- Unions must represent 50 per cent plus one of the workers in a sector in order to establish industry unions (Art. 215 (c) of the Labour Code)).
Restrictions on workers’ right to form and join organisations of their own choosing
- Restrictions on workers’ right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- Under the terms of section 3 of the Act concerning unionization and strike regulation for state workers and section 215 of the Labour Code, it is impossible for the same union to group together public servants and private-sector workers.
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is enshrined in the Constitution.
The right to collective bargaining is recognised by law.
Restrictions on the principle of free and voluntary bargaining
- Compulsory conciliation and / or binding arbitration procedure in the event of disputes during collective bargaining, other than in essential services
- There is provision for imposing compulsory arbitration in the event of a dispute in the public transport sector and in services related to fuel.
Undermining of the recourse to collective bargaining and his effectiveness
- Absence of appropriate mechanisms to encourage and promote machinery for collective bargaining
- In the public sector, there is no regulation of collective bargaining, leading to numerous disputes. The ILO Committee of Experts has repeatedly requested the Government to adopt, in consultation with the trade unions concerned collective bargaining procedures in the public sector.
Right to strike
Right to strike
The right to strike is enshrined in the Constitution.
The right to strike is regulated by a Labour Code.
Barriers to lawful strike actions
- Obligation to observe an excessive quorum or to obtain an excessive majority in a ballot to call a strike
- Workers are allowed to strike provided they have the support of 50 per cent plus one of the workers in the company (Art. 241 of the Labour Code).
Undermining of the recourse to strike actions or their effectiveness
- Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- Labour, civil or criminal sanctions can be imposed for strikes in the civil service or by workers in specific enterprises.
- Compulsory recourse to arbitration, or to long and complex conciliation and mediation procedures prior to strike actions
- There is provision for imposing compulsory arbitration in the event of a dispute in the public transport sector and in services related to fuel.