If you are interested in starting a business in Guatemala, or are already active in Central America's largest economy, adherence to local employment law will be essential to the smooth running of your company and the maintenance of your good standing with local authorities.
Employment law in Guatemala may slightly differ based on the city.
Employment law in Guatemala is overseen by the Ministry of Labor and Social Welfare, and although Guatemalan employment regulations share many similarities with those found in other jurisdictions, there are also considerable particularities to take into account.
For anyone looking to hire a small team on a temporary basis, or who needs a local executive, such as a regional representative or sales manager, a popular alternative to actually starting a business is to hire staff through an employer of record (EOR) in Guatemala.
Because an EOR will hire staff on your behalf and manage their payroll, meaning that not only does it allow you to avoid going through company formation and get to work in the market as soon as the right team members are found, but it also comes with the guarantee of compliance with the local employment law in Guatemala.
Below, an overview of employment law in Guatemala is provided, covering standard working hours, common contract types, terminations, and severance, leave and other absences, and the salary-based contributions that employers must oversee.
At the end of the guide, a free-to-download infographic covering these key aspects of employment law in Guatemala is also included.
If you need assistance with market entry or are doing business in Guatemala and could use some back-office support, contact us today to find out more about how we can assist you.
Employment law in Guatemala: working hours
Statutory working hours under employment law in Guatemala differ based on whether an employee is a daytime, nighttime, or mixed-shift worker.
For daytime workers, who are defined as those whose regular working hours fall between 06:00 and 18:00 on a given day, the working week is a maximum of 44 hours long, based on eight-hour working days, meaning that a standard working week consists of five and a half working days.
For nighttime workers, who are defined as those whose regular working hours fall between 18:00 and 06:00 the next day, the working week is a maximum of 36 hours long, based on 6-hour working days, meaning that a standard working week consists of five working days.
Mixed-shift workers have a regular schedule that involves both daytime and nighttime working hours as earlier defined. Usually, a given shift should include no more than three hours of nighttime hours and should be a maximum of seven hours long. A mixed-shift worker should work no more than 42 hours per week, meaning that a standard working week consists of a maximum of six working days.
Note that, there are generally between eight and ten public holidays that fall on weekdays each year, as well as an additional public holiday observed in capital Guatemala City which can fall on a weekday.
Common contracts under employment law in Guatemala
There are three types of individual labor contracts used under employment law in Guatemala, consisting of:
There are three main types of contracts under employment law in Guatemala.
Indefinite-term contracts are the most widely used type of contract in Guatemala. They have no definite termination date and only end based on the mutual agreement of the employer and employee or under circumstances when one party can act unilaterally. Such instances include an employee resigning from their role, or an employer being allowed to terminate the contract due to the employee's malpractice.
Fixed-term contracts run for a set period specified within the contract itself.
Specific work contracts are used for the completion of a particular task or project, for which parameters and benchmarks, including what the conclusion of the task entails, must be clearly stated within the contract.
Labor Law: Termination & severance
Under employment law in Guatemala, employees are obliged to provide notice of their decision to terminate a contract based on their length of service with the employer, set out as follows:
- Less than six weeks of service = one week of notice
- Between six and 12 months of service = 10 days of notice
- Between one and five years of service = two weeks of notice
- More than five years of service = one month of notice
In the event that the employer wishes to unilaterally terminate an employee's contract without just cause, the employee will be entitled to:
- Any payment owed for hours worked
- Compensation for unused vacation and public holiday allowance
- A proportion of the two annual bonuses (the thirteenth and fourteenth salary) based on the proportion of the year they have worked
- A severance payment equal to one month of salary for each year of service
An employee can only have their contract terminated without the right to compensation when they are found guilty of misconduct, as laid out in Article 77 of the Guatemalan Labor Code.
Vacations, leave, & other absences under Guatemalan law
Employment law in Guatemala establishes that employees who have served at least one year with the same employer are entitled to a vacation period that must last at least 15 working days.
Maternity and paternity leave:
Guatemalan employment law dictates that expectant mothers are
entitled to a maximum of twelve weeks (84 consecutive days) of
maternity leave. That is generally made up of 30 days before the
due date and 54 days after the birth. New fathers are entitled to a
total of two days of paternity leave.
Sick leave:
Any employer registered with the national social security program
(IGSS) must provide sick leave permission to employees and will be
liable for a portion of their payment, based on factors
including:
- type of sickness
- length of service with the company
- Internal Social Security regulations
If the employer is not registered with the IGSS is obliged to provide sick leave permission to the employee until they make a full recovery, as well as a portion of their salary during the first three months of their leave, with that portion based on their length of service.
Note that an employer is obliged to register with the IGSS if the company employs three or more permanent employees.
Employees are granted fives days of leave for marriage, which is protected by employment law in Guatemala.
Bereavement:
In the event of the death of an employee's spouse or
common-law partner, parent, or child, they are entitled to three
days of bereavement leave.
Marriage:
An employee is granted five days of leave when they get
married.
Court summons:
Any employee summoned to court is entitled to paid leave for the
duration of the period that they must attend the court.
Union duties:
Any employee who is a member of the executive committee of a union
is entitled to up to six days of leave per calendar month in order
to carry out their duties.
Employment law in Guatemala: statutory contributions
Employee deductions:
A total of 4.83% of an employee's salary is deducted by the
employer and provided to the IGSS.
Employer contributions:
Employers must make contributions totalling 12.67% of the value of
a given employee's salary. Those contributions go to the IGSS,
the Institute of Recreation of Workers of the Private Company of
Guatemala (IRTRA), and the Guatemalan Technical Training Institute
(Intecap), with each contribution equivalent totaling:
- IGSS: 10.67% of the employee's salary
- IRTRA: 1% of the employee's salary
- INTECAP: 1% of the employee's salary
Frequently Asked Questions about Labor Laws in Guatemala
In our experience, these are the common questions and doubtful points of our Clients.
1. What are the labor laws in Guatemala?
Labor laws in Guatemala include a standard working week of 44 hours, with 8 hours per day. Overtime is allowed for up to 10 hours, with overtime pay at 1.5 times the normal hourly wage. Maternity leave is provided for 12 weeks, and employees are entitled to 15 working days of annual vacation leave. There must be a minimum rest period of 12 hours between each working day, and employees are entitled to one day of paid rest after each working week. Notice periods for terminating a contract vary based on length of service. Additionally, employees are entitled to receive both a 13th and 14th-month bonus, known as "aguinaldo".
2. What are the working conditions in Guatemala?
The working conditions in Guatemala include a maximum of 8 hours per day and a total of 44 hours per week. Daytime work is defined as the period between 6 and 18 hours on the same day. The normal weekly work day consists of 44 hours of effective work, which is equivalent to 48 hours for salary payment purposes.
3. How many hours are in a standard work day in Guatemala?
The standard working day in Guatemala consists of 8 hours.
4. What is the minimum salary in Guatemala?
The minimum salary in Guatemala varies depending on the type of work. For agricultural workers, the minimum wage is 11.27 GTQ per hour, 94.44 GTQ per day, and 2,872.55 GTQ per month. For non-agricultural activities, the minimum wage is 11.61 GTQ per hour, 97.29 GTQ per day, and 2,959.24 GTQ per month.
For 2023 a reform was made, where, depending on the department where the worker is located, this will be the minimum wage:
CE1 (department of Guatemala)
- Agricultural: Q101.05 (daily wage)
Q 3,073.60 (monthly salary) + Q250 of incentive bonus - Non-Agricultural: Q104.10 (daily salary)
Q 3,166.38 (monthly salary) + Q250 bonus incentive - Exporter and Maquila: Q95.13 (daily
salary)
Q2,893.54 (monthly salary) + Q250 of incentive bonus
And where CE2 (all departments except Guatemala)
- Agricultural: Q98.22 (daily salary)
Q2,987.53 (monthly salary) + Q250 of incentive bonus - Non-agricultural: Q101.18 (daily salary)
Q3,077.56 (monthly salary) + Q250 bonus incentive - Exporter and maquila: Q92.47 (daily
salary)
Q2,812.63 (monthly salary) + Q250 bonus incentive
5. How is overtime paid in Guatemala?
Overtime in Guatemala is paid as an additional payment of 50% of the employee's contracted hourly rate of pay for any work carried out beyond the standard working time restrictions.
6. What are the laws regarding employment termination in Guatemala?
The laws regarding employment termination in Guatemala state that the notice period for termination varies based on the length of continuous service. If an employee has been working for less than six months, the notice period is at least one week.
7. What are the requirements for terminating an employee in Guatemala?
The requirements for terminating an employee in Guatemala are as follows:
- Less than six weeks of service: one week of notice
- Between six and 12 months of service: 10 days of notice
- Between one and five years of service: two weeks of notice
- More than five years of service: one month of notice.
8. What happens when an employee quits in Guatemala?
When an employee quits in Guatemala, they must receive their final wages in their last day of work. However, severance pay does not apply if the employee voluntarily terminates the employment contract. The employee's settlement must include proportional payments of salary, 13th and 14th salary and vacations if he or she has not enjoyed them.
Originally published by 08 February, 2022 | Updated On: 13 October, 2023
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
