Beyond the regulation of working days, the Guatemalan Law protects fundamental rights of workers, such as the payment of overtime, access to a minimum wage, the remunerated weekly rest and the annual vacations.
The Guatemalan Labor Code establishes different types of working hours according to the schedule in which the activities are performed.
Knowing these regulations is essential for both workers and employers, since it allows to guarantee compliance with rights and prevent possible abuses in the workplace.
However, in some cases, working conditions may not adjust to the provisions of the regulations, which makes employees necessary to resort to the complaint mechanisms enabled by the Ministry of Labor.
In this article, we explain with the help of Ministry of Labor and Social Welfare (Mentrab) In detail how the working hours work in Guatemala and what are the basic rights that every worker must know.
Day day, article 117
- Cannot exceed 8 hours a day nor exceed a total of 45 hours per week.
- The daytime day can be established among the eight in the morning until six in the afternoon.
- It is considered a normal day of 45 hours of effective workbut for exclusive purposes of salary paymentequivalent to 48 hours.
Nighttime, article 116
- Cannot overcome 6 hours a day Not a total of 36 hours per week.
- The nighttime can be set between the six in the afternoon and the six in the morning.
Mixed Day, Article 117
- Cannot exceed 7 hours a day nor exceed a total of 42 hours per week.
- It is considered a mixed day when the schedule covers both part of the daytime and nightfall
When does the law work up to 48 hours per week?
According to article 116 of the Labor Code, there are exceptions in which the working day can extend until 48 hours per week of effective work. This applies in the following cases:
- Sector workers agricultural and livestock.
- Companies with less than ten employeesunless there is a more favorable custom for the worker.
However, this exception It does not apply to agricultural companies with 500 or more workers.
Also, he contemplates
Five labor rights in Guatemala
The Labor Code also establishes fundamental rights for Guatemalan workers. Among the most important are:
1. Right to a minimum wage
Article 103: Every worker has the right to receive a minimum salary set annually, which must cover their needs and those of their family. Its amount varies according to the Economic constituency in which work activity is performed.
2. Payment of overtime
Article 121: The work done outside the ordinary day is considered extraordinary and must be paid with at least Additional 50 % About the accrued minimum wage.
3. Remunerated weekly rest
Article 126: Every worker has the right to A day of rest paid for each week of work. Depending on the custom in the workplace, it can be computed on a basis of five or six days worked.
4. Annual holidays paid
Article 130: After each continuous service, workers have the right to fifteen business days of paid vacationsprovided they have worked at least 150 days In that period.
5. Minimum age to work
Article 148: The minimum age to access a job is 15 years. In exceptional cases, lower than this age can be hired with authorization of the General Labor Inspection.
How to report job abuse?
If an employer imposes a working schedule or is not complying with mandatory labor rights, the worker may file a complaint with the Ministry of Labor through the following channels: