Entities that look for labor rights
The work is the set of activities carried out by an individual in order to produce goods and services for the satisfaction of human needs, and is freely chosen or accepted by the same worker, labor law is the set of legal norms responsible for fixingand regulate the different service benefits, with the aim of ensuring, the health of Guatemalan workers, the State is obliged to guarantee its technical and professional orientation (Giron, 2006) Delete
The purpose of labor law is: that the institutions protect workers before employers when they do not be carried out freely, guaranteeing non -discrimination in all aspects, rights to equitable conditions, fair wages, equal salary equal to the same work as themAllow a decent life for themselves and families.
The State recognizes that the relationship between employer and the worker must exist rights, obligations and above all respect, for this reason a series of agreements and agreements given by the International Labor Organization (ILO) were created all these organizations that are related to itIts purpose is to make and ensure that the labor law is fulfilled and resolved conflicts that can be presented.
International Labor Organization, is a specialized organism of the United Nations that deals with matters related to work and labor relations, was founded on April 11, 1919, under the Versailles Treaty, the functions of this organization is to promoteLabor standards, fundamental rights at work, create equal work for men and women, increase the coverage and efficiency of social protection for all, strengthen tripartism and social dialogue. (Facio, 2011).
One of the main objectives of the ILO is to establish international standards through agreements, which are adopted by the International Labor Conferences and is divided into 3 where they congregate, employers, workers and governments which have the obligation to apply their provisions.
The institutions that work are this area are: Ministry of Labor, Labor Courts, Guatemalan Institute of Social Security, these institutions are intended to protect the rights of the employer and the worker within a company, also make all the laws that all the laws thatIt establishes.
Ministry of Labor and Social Prevention: It is an institution that belongs to the Executive Agency, in charge of ensuring and promoting compliance with the legislation and programs related to work and depends directly on the president of the Republic that is responsible for appointing the ministries and administering themat the same time.
The Ministry of Labor and Social Prevention is responsible for ensuring labor relations (employer and worker) so that such relationship is developed with respect and under conditions for the scope of an agreement and for a better development and productivity of both, it also hasHow purpose to develop and improve the health and safety system at work.
In article 274 of the Labor Code regulates that, the Ministry of Labor and Social Prevention is in charge of the study and office of all matters related to work and social prevention and must monitor the improvement and application of all the development of all the development and application of all the development of all the development and application of alllegal provisions regarding this matter. (C work. d.)
The Ministry has several allocated resources which are oriented to five programs, registration and control of labor and union activities, surveillance and promotion when applying labor standards, promoting and monitoring the application of rights related to social assistance and security of Guatemala.
Human Resource Training and Labor Promotion and Recreation Service for Workers.
Each of these programs has the purpose of strengthening the ministry, ensuring the needs of workers, although many times they fail to efficiently exercise such functions and workers can be affected in several aspects such as economically violating their rights.
The legal provisions that govern it are: Political Constitution of the Republic, Labor Code and Internal Organic Regulations, apart from the functions assigned by the Political Constitution of the Republic to the Ministries, the Ministry of Labor and Social Prevention has an internal regulationsthat benefits workers, which are:
- Formulate the salary and health and health hygiene labor policy of the country
- Promote and harmonize labor relations
- Ensure compliance with labor legislation in relation to women, the child and other vulnerable work groups
- Ensure the knowledge and application of international labor agreements
Formulate salary labor policy and occupational health and hygiene, salary policy, according to the Labor Code in article (57) Every worker has the right to receive a minimum wage that covers their needs as a human being, salary is one of themost important elements in a working relationship since it is the remuneration that the worker receives for the physical or intellectual services provided to the employer.
The policies are current laws and norms, in Guatemala the relationship between employer and worker is guard.
The benefits that every employer must meet are: ordinary salary, bonuses, bonuse101 and 102 where the minimum benefits are established.
In Guatemala, most companies violate labor rights, the 50 thousand companies that exists, only 30 percent comply with the norms, the Ministry of Labor and Social Prevention promotes that within the companies there is the culture of being loyal and complying withWith these obligations.
In 2012, according to Press Free, the Ministry of Labor received four thousand 610 complaints from workers from the costume and textile, agricultural and exporting sectors in the departments of Huehuetenango, Quiche, Escuintla and Jalapa. For non -payment of minimum salary to workers.
Another of the functions of the Ministry of Labor is to implement the regulations of health and labor hygiene that are set of knowledge that seek to guarantee the physical, mental and social good of the worker and with it their efficiency at work, controlling those risks that may produce itOccupational accidents or diseases The General Regulation on Hygiene and Safety at Work was born in Guatemala in 1957 (Guatemala, 2020)
For any product or service process it is important.
Example, in restaurants, chefs cannot use bracelets, watches, rings or other accessories because they could fall into food, they must use an exclusive uniform inside the kitchen, to avoid possible accidents.
Another example The working hours, which cannot be accessed more than eight hours a day, the company must specify a schedule for its workers so that during those eight hours they manage to be more efficient and productive, work more than normal causes stressand depression also would be far away from the worker of his relative.
Promoting labor relations is also a function of the Ministry of Labor to avoid and intervene the conflicts that may arise within companies, resolving it according to the law, creating a healthy organizational climate within companies is very important to motivate human talent.With the results of activities.
Bringing a good employer and worker relationship, good communication helps the worker to have physical and emotional stability since if a worker is happy and motivated in the company is more efficient and that is what the company needs for its best functioning.
Ensure compliance with labor legislation in relation to women, the child and other vulnerable work groups, the Labor Code in article 151,152 and 153 regulates the work of women under a special regime in order not to be discriminated against,Patrons is forbidden to make a difference between women, whether single, married or with family responsibilities for work purposes, or women in a state of gestation.
Working mothers have the right to enjoy one hundred percent of their salaries during pre-post childYou can take away a woman.
Work of minors, the Labor Code and the Ministry of Labor allows children under 14 years of age to work under conditions, the employer must obtain authorization from the labor inspection so that the child can work as an apprentice or byNeed that by pedio of poverty that is lived in the country many family see the need to force the minor children to execute an activity, the work must be light so as not to affect the physical and mental development of the minors, theminor must meet the requirement to continue studying.
The state of poverty and social development causes minors to risk executing activities not suitable for their age, since it is difficult to supervise if companies meet the measures and conditions required by the Ministry of Labor and Social Welfare for their good to be, they areMany children who work in closed places for which it is difficult to control to ensure their rights.
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