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Guatemala

Economy, tax incentives & labor conditions

By exercising their right to form a union, Guatemalans risk not only their right to work, which is one human right, but also their very lives. The violent and insecure conditions in which trade unions have to operate are not improving. Official denunciations of murders, kidnapping, attacks and raids on union offices and leaders’ homes have continued. And the authorities in charge of investigating these incidents and ensuring compliance with the law and access to justice mostly avoid taking any action or do so too late. The threat of losing their jobs has a powerful dissuasive effect on workers wishing to set up unions. However, the fear of losing their lives is the strongest possible disincentive for those trying to create, build and consolidate trade unions. Anti-union discrimination takes different forms. In addition to the extremes of assassination, attempted assassination and imprisonment, it includes dismissals of workers who attempt to set up unions, bargain collectively or carry out trade union actions. There are also blacklists of union leaders and members, and temporary plant closures. The International Textile, Garment & Leather Workers' Federation (ITGLWF) reported to the World Trade Organisation (WTO) in January 2003, that it was common practice for a company to close down a plant and transfer its operations after a trade union had been established. The exercise of trade union rights remains severely hampered by hostility towards the trade unions and the failings of the legal system. Employer intimidation against trade unionists is common, and usually goes unpunished. As a result, union membership is very low - only about three per cent of the work force. This inevitably has an impact on collective bargaining, as does the requirement that 25 per cent of workers in an enterprise must be union members for bargaining to take place. Even where employers recognise the union and agree to bargaining, there is a tendency to ignore collective agreements.
(ITUC-CSI , Suisse , 01/12/2007 , Annual Survey of violations of trade union rights )

El Cacao El Naranjo Parque Industrial Z la Union, S.A. RDC Industria Modernas S.A. Terminal LC, S.A. ZOFRACRO ZOFRATUSA Zona de Libre Comercio Santo Tomas de Castilla (ZOLIC) Zona Franca Cropa, S.A. Zona Franca Omega S.A. Zona Franca Pelicano S.A. Zona Franca Puerta Parada Zonas Francas Actuales S.A.
(Entreprise , 01/01/1999 )

Main violations of the human rights and dirty money laundering
(year and company name)

Main labor right violations
(year, company name and norm number)