He Guatemala Labor Code regulates breaks within the workday to guarantee the well -being of the workers.
According to him Article 119when a Continuous ordinary daythe worker has the right to a minimum rest of 30 minuteswhich must be considered effective working time.
He Labor Codein their Articles 116 and 117classify working days into three types:
- Daytime (Article 116): Understand the schedule between 6:00 and 18:00 hours. It can’t exceed 8 hours a day neither 45 hours of weekly effective work (with some exceptions).
- Nighttime (Article 116): It develops between 18:00 and 6:00 hours. The maximum allowed is 6 hours a day and 36 hours per week.
- Mixed day (Article 117): Combine day and night schedules, with a limit of 7 hours a day and 42 hours per week.
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Lunch time
Although the Guatemala Labor Code He does not speak specifically of the lunch time, in his Article 119establishes that every worker who meets a Continuous day You have the right to minimum rest of 30 minuteswhich must be recognized and remunerated As part of the effective working time.
The authorities of the Ministry of Labor explain that this right applies to Three workday modalities: daytime, night and mixedprovided it is a continuous day and without prolonged interruptions.
In addition, although the law guarantees this minimum rest, some employers may Grant broader periods for lunch or include additional breaks, such as refaction times, through Internal agreements or business policies.
In cases where the working day is divided into shifts or discontinuous periods, breaks can be adjusted according to the structure of the work schedule.
Ordinary Day and Exceptions
He Article 116 of the Labor Code indicates that the Diurnal Ordinary Day It can’t exceed 8 hours a day neither 45 hours per weekexcept in specific cases such as:
For agricultural workers, the Article 126 states that the ordinary day is 48 weekly hours. However, if they exist most favorable labor customs for the workerthese must be respected.
Modification of schedules at the working day
He Labor Codein his Article 128allows employers to make Changes at work schedulesprovided that they respect the rights of workers.
Some circumstances in which the schedules can be modified:
- Service needs: Changes must be reasonable and notified to workers.
- Agreement between employer and worker (Article 129): Schedules can be adjusted by pacts, always within the legal framework.
- Emergency situations (Article 127): In cases of public calamity or imminent risk, the employer can modify schedules, but extra work must be paid as ordinary.
- Internal regulations: If the company has regulations that allow schedule adjustments, they must comply with the law.
Examples of schedule modifications
- Include a lunch hour.
- Give minutes of refaction.
- Extend the day during the week to rest on Saturdaywithout overcoming 45 hours per week.
How to report a working schedule outside the law?
If an employer imposes schedules higher than allowedworkers may file a complaint with the Ministry of Labor Through these channels:
- Online: www.mintrabajo.gob.gt
- Face -to -face: In any Departmental Delegation nationally.
Hours of attention
- Central headquarters in Guatemala: Monday to Friday from 9:00 a.m. to 5:00 p.m..
- Departmental Delegations: Monday to Friday from 8:00 a.m. to 4:00 p.m..
It is essential that workers know and assert their rights in relation to breaks within the working daysince these not only favor their well -being and productivitybut they are also backed by Guatemalan labor legislation.