On February 20, 2025, representatives of the Private Schools Association (ACP)they gave to the President of the Congress of the Republic, Nery Ramos, a file backed by more than 2,600 firms of teaching, administrative and operational personnel of 37 private educational centers in which they request that the benefits of IRTRA be restored.
In this document, they denounce the violation of their constitutional rights after the issuance of the Agreement number 3-2024 by the Board of Directors of the Institute for Recreation of Private Company (IRTRA).
In addition, the Private School Association has requested to Congress thatby virtue of article 168 of the Constitution, Cite the members of the IRTRA Board of Directors to explain the reasons behind the 3-2024 agreement and clarify why, if the educational centers are exempt from the payment of the recreation tax, They did receive such payments from the approval of the Political Constitution of Guatemala, In 1986.
They also propose one Reform to the IRTRA Creation LawDecree 1528 of the Congress of the Republic, to introduce a voluntary contribution that guarantees the right to recreation of private school workers.
In response, the president of the Congress said they will address the issue speed and request a meeting with representatives of the Recreation Institute to address the issue.
Recent measures of IRTRA and the Association of Colleges
This action represents a new phase in the efforts of the Private Schools Association (ACP) so that employees of private educational institutions recover the benefits of IRTRA.
On the other hand, ACP spokesmen explain that, although the Istra He had reported that private school employees with current carnés could use them until their expiration date, without the possibility of subsequent renewal, as of February 18, several schools began receiving letters from the Recreation Institute that suggested a Full disqualification of the carnes.
The ACP argues that the decision of Irtra is “arbitrary and discriminatory”contravening the constitutional principles of progressivity and non -return of social rights, as established in article 106 of the Political Constitution of the Republic.
The association also highlights that, for more than 40 years, private schools have contributed to IRTRA and now their employees are deprived of the recreation benefits that they have historically enjoyed.
The origin of the conflict
In April 2024the Congress of the Republic approved the Decree 9-2024which reformed the Law of Creation of the Institute for Recreation of Workers of the Private Company of Guatemala (Istra). Are Reforms focused on facilitating the purchase and contracting processes for new projects, in addition to granting new powers to the Board of Directors of the Institute.
Jorge Mario Chajón, Advisor of the IRTRA Presidency, explains that it is important to note that this decree did not modify the Article 12 of the original law, which establishes a Patronal contribution of the 1% tax On the salaries of workers of private companies for profit, aimed at financing from the Recreation Institute.
According to Chajón, during the process of updating the law, each article of the Organic Law of IRTRA was analyzed in detail and, as a result, the legal advisors concluded that, in accordance with article 12 of the IRTRA Law and articles 73 and 88 of the Political Constitution of Guatemala, Educational centers are exempt from all types of taxes, including recreation.
As a result, by not being able to collect said tax, the Institute argues that the workers of these institutions cannot continue enjoying the benefits of this. In other words, article 12 was not modified, its application was adjusted to comply with the current constitutional provisions.
Association requests to reverse exclusion
In January 2025 The Association of Private Schools (ACP) published a statement where they requested to reverse this decision, arguing that it affects acquired labor rights and contradicts constitutional provisions that, although it exempt from the payment of taxes to schools, should not exclude their employees from the benefits of IRTRA.
According to the ACP, this exclusion negatively impacts thousands of workers who for years have accessed these recreational spaces as part of their job well -being.
The debate is still open, with the expectation that possible alternatives are analyzed so that teachers and administrative personnel of private schools can again access these benefits.