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Guatemala

Improving Labor Mobility (GT0126)

Overview

At-a-Glance

Action Plan: Guatemala Action Plan 2023-2025

Action Plan Cycle: 2023

Status:

Institutions

Lead Institution: Ministry of Labor -MINTRABPresidential Commission for Open and Electronic Government -GAE-

Support Institution(s): ▶ Prosperiti GATECIVICA Foundation ▶ Center for Research and Development Projects Together for Development and Peace CEIDEPAZ ▶ International Center for Human Rights Research -CIIDH

Policy Areas

Access to Information, Capacity Building, Citizenship & Immigration, Labor, Open Data, Public Participation, Public Service Delivery

IRM Review

IRM Report: Guatemala Action Plan Review 2023-2025

Early Results: Pending IRM Review

Design i

Verifiable: Yes

Relevant to OGP Values: Yes

Ambition (see definition): Low

Implementation i

Completion: Pending IRM Review

Description

Summary description of the commitment The commitment seeks to promote that people interested in working abroad migrate in an orderly, safe, regular, and circular manner. For this purpose, it contemplates creating a mechanism that articulates efforts for the training of Guatemalan workers; providing periodic statistical reports on labor mobility in Guatemala according to the records of the Ministry of Labor and Social Security -MINTRAB-; and implementing a communication campaign that reinforces the importance of migrating with a temporary work visa.

What is the problem that the compromise seeks to address?

Moste of the people seeks to migrate irregularly in search of work opportunities abroad.

What causes the problem? Lack of economic opportunities, violence, and the desire to obtain higher remuneration leads to the search for work opportunities abroad, given the demand for low-skilled workers in developed countries.

What has been done so far to solve the problem? MINTRAB has strengthened the Temporary Labor Program to provide an option from the public sector to promote an orderly, safe, regular, and circular migration for those who want to opt for an employment opportunity abroad. Due to this, the Program was institutionalized through Ministerial Agreement 163-2021; processes were redesigned to streamline recruitment and selection, to respond to the needs of employers and be an attractive option to place their job offers; agreements have also been signed with countries such as the United Mexican States and Spain. Derived from the above, the number of beneficiaries of this program increased exponentially, compared to the 15 workers who traveled in 2019. In 2020 there were 119 workers who traveled under the program, 916 temporary workers in 2021, 2,525 in 2022, 4,503 in 2023 and from January to June 2024, approximately 2,700 Guatemalan temporary workers. Progress has also been made in the legal framework related to labor mobility. In 2022, the Congress of the Republic issued Decree 10-2022, Law for the Promotion of Guatemalan Merchant Marine Labor Abroad, which allows Guatemala to compete in the region to promote new formal and decent work opportunities in the world merchant fleet for Guatemalans; and to promote compliance with applicable Guatemalan labor legislation, as well as international standards. Subsequently, Governmental Agreement 50-2022 was issued, which established as mandatory the registration of recruiters of Guatemalan workers to work abroad. In addition, the Congress of the Republic also approved the Law for the Promotion of Temporary Work Abroad Decree 31-2022, which was presented by the Executive Branch, which makes Guatemala a more attractive country for international employers, thus enhancing the creation of decent work opportunities for Guatemalans who choose to migrate in an orderly, safe, regular and, above all, circulate for labor purposes. MINTRAB created the electronic platform for the registration of recruiters that allows a better control of Guatemalan temporary workers; and citizens interested in a job opportunity abroad to know which are the formal recruiting companies that operate within the framework of the law to avoid being victims of scams. This platform provides an agile service, evaluating applications within a maximum period of 10 days. Currently, 165 temporary workers are registered by private recruiters. During 2023, as one of the milestones of commitment number 7 of the Fifth National Action Plan for Open Government, in charge of the MINTRAB, a reporting tool was incorporated into the platform that allows generating statistical reports that will be published on the website of the labor portfolio, available to the population, academia, civil society, private sector, among others, freely and free of charge

What is the proposed solution? Address the problem from different perspectives: information, training, and awareness. Periodically provide statistics related to labor mobility in Guatemala, allowing for informed decision-making, analysis and the generation of new proposals; manage coordinated actions to strengthen the capacities of Guatemalan workers, so that they have an attractive job profile, according to the demands of the current labor market, which increases their chances of being selected for a job opportunity; and, accompany the above actions with communication actions that reinforce the importance of migrating in an orderly, safe, regular and circular manner.

Which outcomes do we want to achieve with the implementation of this commitment?

To have accurate and regular data, as well as an articulated mechanism aimed at strengthening the capacities of Guatemalan workers; and that people interested in working temporarily abroad are sensitized and informed about the importance of migrating in an orderly, safe, regular, and circular manner, to minimize the chances of being victims of scams.

How will transparency be promoted within the commitment? Through the publication of reports on MINTRAB’s activities and results related to the promotion of labor mobility. These reports include the actions carried out to achieve the milestones and the budget invested in the Temporary Labor Program. The information is also presented in the four-monthly accountability report prepared by MINTRAB, which shows the consistency of the data.

How will the commitment help promote accountability? MINTRAB publishes the list of recruiting companies that hire Guatemalans to work temporarily abroad and that are authorized in accordance with the law. This allows the population to know which companies are formal and work within the framework of the law, which minimizes the possibility of being victims of fraud.

How will the commitment enhance citizen participation in defining, implementing, and monitoring solutions? Citizens will be able to consult statistical data collected through MINTRAB’s electronic platforms related to labor mobility, freely and free of charge. This information can be used for academic work, analysis, and proposals for solutions, based on accurate and reliable data.

Commitment Planning (Milestones | Expected Results | Start Date | End Date_

Milestones 1 Review and update, in a participatory manner, the electronic platforms related to labor mobility, including at least: country of hiring, gender, type of visa, age, sector, work performed, cultural identity, salaries and origin of the worker, among other information. It will also include number of employers, number of applicants and number of people who have been hired. |
Information on electronic platforms, with accurate data, to guide decision making; the development of future projects and/or programs from different sectors; and, to identify lines of action that address the current reality regarding labor mobility, based on data. | August 2023 | June 2025

Milestones 2 To create, in a participatory manner, a monitoring and followup mechanism for the electronic platforms related to labor mobility that allows identifying and implementing improvements or updates. Information on electronic platforms, with accurate data, to guide decision making; the development of future projects and/or programs from different sectors; and, to identify lines of action that address the current reality regarding labor mobility, based on data. | To define the model that establishes the process for monitoring, follow-up and evaluation of the electronic platforms related to labor mobility in the MINTRAB, to identify opportunities for improvement and updating. | September 2023 | June 2025

Milestones 3 In the framework of the National Policy for Decent Employment, provide training and skills certification services to strengthen the occupational profile of Guatemalans interested in migrating in an orderly, safe, regular and circular manner for temporary employment purposes. | To have an institutionalized mechanism that articulates different instances with the common objective of strengthening the capacities of Guatemalan workers. | August 2023 June 2025

Milestones 4 Publish in the MINTRAB and GAE portals, the quarterly reports related to labor mobility, according to the annual communication plan of MINTRAB. | Have information available freely and free of charge on the actions and results of the Ministry of Labor and Social Welfare related to labor migration, which facilitates citizen oversight | Ministry of Labor and Social Welfare related to labor migration, which facilitates citizen oversight. August 2023 | June 2025

Milestones 5 To design and implement a campaign on the importance of migrating for labor reasons in an orderly, safe, regular, and circular manner to avoid scams and other labor risks. | Population informed on how to migrate in an orderly, safe, regular, and circular manner for work purposes, reducing the chances of becoming a victim of fraud. | June 2023 | June 2025


Commitments

Open Government Partnership