Human Resource Policy and Management

The project is projected to create 600 direct jobs and 3,500 indirect jobs.  TCQ will give priority to hiring in local communities, based on a Local Hiring Plan.  

As indicated in ESAP Action Item #10, TCQ will be putting in place a Human Resources Policy in line with IFC?s Performance Standard 2 and with Guatemalan labor laws.  Guatemala is a signatory to numerous international conventions and treaties. Those relevant to labor rights include: ILO Convention 87 on Freedom of Association and Protection of the Right to Organize; ILO Convention 98 on the Right to Organise and Collective Bargaining Convention; the International Covenant on Civil and Political Rights; the American Convention on Human Rights; and the International Covenant on Economic, Social and Cultural Rights. 

The Human Resources Policy will stipulate that the terms of employment, such as wages and benefits, hours of work, overtime arrangements and overtime compensation, annual and sick leave, maternity and paternity leave, vacation and holiday, are established by national labor regulations, and will be included in the company?s employee contracts. Additional workers? benefits will include health insurance and medical assistance, among others. Working conditions (including health, safety and security), employee termination, prohibition to employ minors, disciplinary actions, workers? rights and obligations, employer?s rights and obligations will be defined in the Human Resources Policy and related procedures.  

In line with Performance Standard 2, TCQ?s Human Resources Policy will not impede workers from freedom of association and collective bargaining - there are three existing labor unions associated with the EPQ port.  As this is a greenfield project, no retrenchment is anticipated in the foreseeable future.   
 
TCQ is committed to avoid all forms of discrimination against its employees, based on the age, gender, sexual orientation, health, race, nationality, political opinions or religious beliefs of its counterparties.  The requirements of non-discrimination and equal opportunities will be extended to all contractors and subcontractors as part of contractual obligations.  

TCQ?s Human Resources Policy will explicitly reject the use of any form of forced or compulsory labor, consistent with ILO Convention 29, to which Guatemala is a signatory and respects child rights and rejects the use of child labor, no less than the minimum age per ILO Convention 138, to which Guatemala is also a signatory.   

The company is also considering third-part certification to SA8000 from Social Accountability International, which is based on ILO standards.

Induction training will be provided to all newly directly hired workers on the Human Resources Policy.   TCQ will verify contracts and work documents of the workers engaged by core contractors and subcontractors to ensure that they comply with TCQ policies and procedures.  As indicated in ESAP Action Item #11, TCQ will also develop a grievance mechanism for workers.  The company will inform the workers of the grievance mechanism and how to make use of it during the induction training.  The grievance mechanism will also be accessible to contractors? and subcontractors? workers performing work in core business processes of the project.

Occupational Health and Safety 

As mentioned in the ?Management Program? sub-section of this document, the construction contractor and the dredging contractor will include occupational H&S into their EHS Management Plan.  

Also as mentioned, TCQ will develop an EHS Management Plan, which will include industry-specific occupational H&S measures such as prevention and mitigation of risks associated with operations of mobile machinery and cranes, container handling, loading and unloading operations, heavy load lifting, as well as risks to workers in operating the machinery, particularly those associated with ergonomics, noise and vibration and risks associated with falling objects and falls from height.  

TCQ will assess and track its occupational H&S management performance during both construction and operation phase. Occupational H&S performance evaluations will be carried out for both direct employees and contractors? employees considering (i) lagging (or trailing / downstream) indicators, such as, for example, the number of fatalities, number of (non-fatal) lost time occupational injuries, total number of lost workdays due to injuries; and, (ii) leading (or upstream) indicators to be developed by the company, such as, for example, occupational health risk assessments performed, safety review / assessments performed and the number of direct/contractor employees that have undergone job-related health-risk / safety training.

Regarding emergency facilities, TCQ will have access to EPQ?s emergency and medical facilities which include two ambulances, two fire-fighting trucks and a medical clinic.  TCQ will also be developing a medical clinic within the container terminal for use by its own staff.