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Guatemala - Working time - 2011


LAST UPDATE

5 December 2011

SOURCES


Name of Act

Political Constitution of Guatemala (Constitucion Politica de la Republica de Guatemala, 1985)

Name of Act

Decree No. 1441 promulgating the Labour Code, (Codigo de Trabajo El Guatemalteco No. 14, 14 June 1961, p. 145) of 5 May 1961, as amended up, to Decree n° 18 (Diario de Centro América, No.68 p.2-5, dated 25 May 2001) of 14 May 2001
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Name of Act

Regulation of the working conditions of young workers, Government Agreement No. 112-06 (Acuerdo Gubernativo/ Reglamento de protección Laboral de la Niñez y Adolescencia Trabajadora Diario de Centro Ameriaca n° 87) of 7 March 2006
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Name of Act

Government Agreement n°388-2010 on minimum conditions for the agriculture and non-agriculture activities, exportation and textile sector (Acuerdo Gubernativo n° 388-2010) of 29 December 2010.

LEGAL DEFINITIONS


Working time/working hours

"Working time" shall mean the time during which the worker is at the disposal of the employer.
Labour Code Art.116

Employee/worker

"Worker" shall mean any natural person who renders intellectual or material services or both to an employer according to a labour contract or a labour relation.
Labour Code Art.3

Employer

"Employer" shall mean any natural or legal person who profits from the services rendered by one or more workers by virtue of a labour contract or a labour relation.
Labour Code Art.2

Overtime/overtime work

All the work performed out of the limits provided by the legislation or by agreement between the parties, in which case must be lower, shall be considered overtime work and shall be remunerated as such.
Labour Code Art.121
Government Agreement n°388-2010 on minimum conditions Art.6

Night work(er)

"Night work" is the work carried out in the interval between 18.00 and 06 of the following day.
Labour Code Art.116

Domestic worker

Domestic workers are those who perform cleaning and assistance work on a regular basis at a private house or other place of residence, and not implying an economic profit for the employer.
Labour Code Art.161

Young worker

"Young worker" shall mean the person who at least has 14 years old and who performs work in exchange of a wage.
Regulation of the working conditions of young workers Art.2
Labour Code Art.148 e)

NORMAL HOURS LIMITS


Daily hours limit


General limit

Except for those workers not subject to the limitations of working time, the hours of effective work during day-time shall not exceed 8 per day.
Political Constitution of Guatemala Art.102(g)
Labour Code Art.116
Government Agreement n°388-2010 on minimum conditions Art.6
Historical data (year indicates year of data collection)
  • 2009: 8 hours.
  • 2007: 8 hours

Exceptions

PERMISSIBLE EXTENSION
In work that is not unhealthy or dangerous, the 8 hour limit can be extended by agreement between worker and employer by up to 2 hours, provided that weekly working time does not exceed the 48 hour weekly limit.

EXCEPTIONS
A number of categories are excluded from the 8 hour limit, including:
(1) employees who represent the employer;
(2) supervisors;
(3) employees whose presence alone is required;
(4) employees who perform their work outside of the work place (e.g. commission agents);
(5) other workers who, due to the nature of their work, cannot be subject to the limit.

These workers are subject to a 12 hour daily limit.
Labour Code Art.118, 124

Special categories


» Night work

Except for those workers not subject to the limitations of working time, the hours of effective work during night-time shall not exceed 6 hours per day or 7 hours if day-and-night time.
Government Agreement n°388-2010 on minimum conditions Art.6
Labour Code Art.116

» Young workers

The hours of work for young workers shall not exceed 7 per day.
Regulation of the working conditions of young workers Art.14

» Domestic work

Domestic work is not subject to any limitation of working time. Therefore the 8 hour limit per day does not apply to domestic workers.
Labour Code Art.164

Weekly hours limit


General limit

Except for those workers not subject to the limitations of working time, the hours of effective work during day-time shall not exceed 44 per week, equivalent to 48 hours exclusively for payment purposes.
Government Agreement n°388-2010 on minimum conditions Art.6
Historical data (year indicates year of data collection)
  • 2009: 48 hours
  • 2007: 48 hours
  • 1995: 48 hours.(45 hours of actual work, which shall be deemed 48 hours for the payment of wages)

Exceptions

A number of categories are excluded from the limit, including:
(1) employees not subject to direct supervision;
(2) supervisors;
(3) employees whose presence alone is required;
(4) employees who perform their work outside of the work place (e.g. commission agents);
(5) other workers who, due to the nature of their work, cannot be subject to the limit.

These workers are subject to a 12 hour daily limit.
Labour Code Art.124(a,b,c,d,e)

Special categories


» Night work

Except for those workers not subject to the limitations of working time, the hours of effective work during night-time shall not exceed 36 hours per week or 42 hours if day-and-night time.
Government Agreement n°388-2010 on minimum conditions Art.6
Political Constitution of Guatemala Art.102(g)

» Young workers

The hours of work for young workers shall not exceed 38 per week.
Regulation of the working conditions of young workers Art.14

» Domestic work

Domestic work is not subject to any limitation of working time. Therefore the 48 hour limit per week does not apply to domestic workers.
Labour Code Art.164

OVERTIME WORK


Criteria for overtime


General

All the work performed out of the limits provided by the legislation or by agreement between the parties, in which case must be lower, shall be considered overtime work and shall be remunerated as such.
Government Agreement n°388-2010 on minimum conditions Art.6

Limits on overtime hours


General limits

The total number of ordinary and extraordinary hours shall not exceed 12 per day.
Labour Code Art.122
Historical data (year indicates year of data collection)
  • 2009: Maximum hours limit of 12 hours per day (normal and overtime hours)
  • 2007: Maximum hours limit of 12 hours per day (normal and overtime hours)
  • 1995: 4 hours per day.

Restrictions/exceptions

In cases in which the sustitution of the workers or the suspension of the activity which are performing is not possible due to the loss or imminent risk of loss for the persons, establishments, machinery, equipments, harvest, the hours of work may be extended over 12 hours.

It is prohibited for the employers to require or to permit to their employees performing overtime work in works that by their own nature are unhealthy or dangerous.
Labour Code Art.122

Compensation for overtime work


Overtime rate(s)

Overtime work shall be paid with a 50% increase of the minimum wage rate or the highest wages agreed between the parties.
Labour Code Art.121
Historical data (year indicates year of data collection)
  • 2009: 50% increase.
  • 2007: 50% increase
  • 1995: 50% more than the minimum wage or as agreed by the parties.

Special categories


Young workers

Overtime work is prohibited for young workers.
Regulation of the working conditions of young workers Art.32(c)
Labour Code Art.148(c)

SCHEDULES


General

The ordinary hours of work may be scheduled to be performed in consecutive hours or splited into one or more periods with rest breaks in accordance with the nature of the work and the needs of the worker.
Labour Code Art.119

REST PERIODS


Rest breaks


General provisions

Where the working day is continuous, workers are entitled to a rest break of at least half an hour, which shall be counted as working time.
Labour Code Art.119
Historical data (year indicates year of data collection)
  • 2009: Normal working time may be continuous or be divided into two or more periods every day with a rest break in between. The length of the rest break will depend on the nature of the work and the specific needs of the workers. Where the working day is continuous, workers are entitled to a rest break of at least half an hour, which shall be counted as working time.
  • 2007: Normal working time may be continuous or be divided into two or more periods every day with a rest break in between. The length of the rest break will depend on the nature of the work and the specific needs of the workers. Where the working day is continuous, workers are entitled to a rest break of at least half an hour, which shall be counted as working time.
  • 1995: No legal provision.

Exceptions

When the hours of work are agreed to be scheduled in two or more periods, the rest breaks shall be adjusted to the nature of the work and to the needs of the worker.
Labour Code Art.119

Special categories


» Domestic work

Domestic workers shall enjoy 2 hours of rest break for the meals.
Labour Code Art.164

Daily rest periods


Special categories


» Domestic work

Domestic workers shall enjoy at least 8 consecutive hours of daily rest.
Labour Code Art.164

Weekly rest periods

All workers are entitled to enjoy a paid weekly rest period, after 5 or 6 days of work performed according to the custom of the undertaking.
Labour Code Art.126

Day specified


» General

Relevant provisions regarding the specified day in which shall fall the weekly rest have been not identified.

Work on weekly rest day


» Criteria

In undertakings where work of special nature is carried out or of continuous processes, employees may be requested to perform work on their weekly rest period.
Labour Code Art.128

» Compensation (for working on a rest day)

Work on a weekly rest day is considered overtime work and shall be remunerated as such with an increase of 50% over the average wage calculated by the total amount of the ordinary and extraordinary payments of the last week or the last 15 or 30 days, if the wages are paid per fortnight or per month.
Labour Code Art.128,129

Special categories


» Domestic workers

The provisions on weekly rest are not applicable to domestic workers. They are entitled to 6 hours of paid rest on Sundays.
Labour Code Art.164

ANNUAL LEAVE AND PUBLIC HOLIDAYS


ANNUAL LEAVE


Qualifying period

Every worker without exception, is entitled to enjoy a paid annual leave after one year of continuous work with the same employer.
Within this year the worker is required to have performed at least 150 days to be entitled to this leave. It shall be considered as working days those in which the worker have not rendered services for being on paid leave or sickness leave.
Labour Code Art.130

Duration


» General

The minimum duration of the annual leave period to which all workers are entitled is 15 days.
Labour Code Art.130
Historical data (year indicates year of data collection)
  • 2009: 15 days.
  • 2007: 15 days
  • 1995: 15 days after 1 year of continuous work (minimum of 150 days of wrok)

Payment


» Amount

The amount that the worker is entitled to receive for his annual leave period shall be calculated in an average of the ordinary and extraordinary remunerations over the last 3 months if the worker is engaged in agricultural work, or over the last year for all the other categories of workers.
Labour Code Art.134

» Date of payment

The amount of the annual leave shall be paid to the worker in advance to the enjoyment of such leave.
Labour Code Art.134

Schedule and splitting

The employer shall indicate to the worker the period in which the annual leave is to be taken, within the 60 days following the date in which the entitlement begins.
To this respect, the employer when making the schedules, shall give priority to the smooth running of the undertaking and the effectiveness of the rest periods, and to not overload of work to those who are not enjoying their annual leave periods.
Labour Code Art.132

Work during annual leave

It is prohibited to perform work during the period of annual leave.
Labour Code Art.133

Special categories


» Young workers

Young workers shall be entitled to an annual paid leave of 15 days after every year worked for the same employer to be granted preferably during the school holiday.
Regulation of the working conditions of young workers Art.16

PUBLIC HOLIDAYS


Number and dates

12 days
1 January, Maundy Thursday, Good Friday and Saturday, 1 May, 30 June, 15 September, 20 October, 1 November, 24 December afternoon, 25 December, 31 December afternoon, and the local public holiday.
Labour Code Art.127

Work on Public Holidays


» Criteria

In undertakings where work of special nature is carried out or of continuous processes, employees may be requested to perform work on their public holidays.
Labour Code Art.128

» Compensation

Work on a public holiday day is considered overtime work and shall be remunerated as such with an increase of 50% over the average wage calculated by the total amount of the ordinary and extraordinary payments of the last week or the last 15 or 30 days, if the wages are paid per fortnight or per month.
Labour Code Art.128,129

EMERGENCY FAMILY LEAVE

All workers shall be entitled to a paid leave in the following cases;
- 3 days in case of death of the spouse or de facto partner, parents or sons.
- 5 days for his marriage.
- 2 days in case of child birth.
- When upon the request of the worker, the employer authorise other leaves with pay.
Labour Code Art.61(n-1,2,3,4,)

PART-TIME WORK

Relevant provisions on "part time work" have been not identified.

NIGHT WORK


Criteria for night work

Night work is work carried out in the interval between 18.00 and 06 of the following day.
Labour Code Art.116

Limits


Daily hours limit

Except for those workers not subject to the limitations of working time, the hours of effective work during night-time shall not exceed 6 hours per day or 7 hours if day-and-night time.
Government Agreement n°388-2010 on minimum conditions Art.6

Weekly hours limit

Except for those workers not subject to the limitations of working time, the hours of effective work during night-time shall not exceed 36 hours per week or 42 hours if day-and-night time.
Government Agreement n°388-2010 on minimum conditions Art.6

Special categories


Young workers

Night work is prohibited for young workers.
Labour Code Art.148(c)
Regulation of the working conditions of young workers Art.33(4)

SHIFT WORK

Relevant provisions on shift work have been not identified.

ON-CALL WORK

Relevant provisions on "on-call work" have been not identified.

FLEXITIME

Relevant provisions on "flexitime" have been not identified.

CASUAL WORK

Relevant provisions on "casual work" have been not identified.

SHORT-TIME WORK/WORK-SHARING

Relevant provisions on "short-time work" have been not identified.

RIGHT TO CHANGE WORKING HOURS

Relevant provisions on "right to change working hours" have been not identified.

INFORMATION & CONSULTATION


Information

Employers are obliged to draw up internal rules (aproved by the General Labour Inspection) for the enterprise must be easily read and posted in two of the most visible sites at the workplace. These rules must include information on hygiene and security, how to react in case of accident, the start and the end of the working day, meal breaks and rest breaks (and others).
Labour Code Art.59,60

Consultation

The internal regulation must be easily read and posted in two of the most visible sites at the workplace.
Labour Code Art.59

Results generated on: 23rd October 2014 at 03:39:17.
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