54
58.5
Basic Access to
Decent Work
80
60
40
25
60
100
80
20
75
0
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prescribe minimum wage rates in the country? | Yes | 1 | §102(f) of the Constitution of Guatemala, 1985; §103-115, 272(2), 283, and 374 of the Labour Code (Decree No. 1441) |
| Does the law require regular payment of wages? | Yes | 1 | §88 & 90-102 of the Labour Code (Decree No. 1441); §102 (d) of the Constitution of Guatemala; §1,2, 8, 10 of Law No. 5477 |
| Does the law require overtime compensation be at least 125% of the regular hourly rate? | Yes | 1 | §121 of the Labour Code (Decree No. 1441) |
| Does the law require additional compensation for working on a weekly rest day? | No | 0 | §128 & 129 of the Labour Code (Decree No. 1441) |
| Does the law require additional compensation for night work? | Yes | 1 | §116-117 of the Labour Code (Decree No. 1441) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law stipulate general working hours as 48 hours or lower? | Yes | 1 | §116, 121 & 122 of the Labour Code (Decree No. 1441); Acuerdo Gubernativo Numero 388-2010 |
| Does the law restrict maximum working hours including overtime to 56 hours per week? | No | 0 | §122 of the Labour Code (Decree No. 1441) |
| Does the law require a weekly rest of at least 24 hours? | Yes | 1 | § 126 of the Labour Code (Decree No. 1441) |
| Does the law require paid public holidays? | Yes | 1 | § 127 of the Labour Code (Decree No. 1441) |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §102 (l) of the Constitution of Guatemala 1985; §130-137 of the Labour Code (Decree No. 1441) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require written employment contracts or at least written employment particulars? | Yes | 1 | §25-29 of the Labour Code (Decree No. 1441) |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §25-26 of the Labour Code (Decree No. 1441) |
| Does the law limit the length of probation period including renewals to a maximum of 3 months? | Yes | 1 | §79-81 of the Labour Code (Decree No. 1441) |
| Does the law require a 30-day notice before contract termination? | No | 0 | §78 & 83 of the Labour Code (Decree No. 1441) |
| Does the law require severance pay at the rate of at least 2 weeks of wages for every year of service? | No | 0 | § 77-82 of the Labour Code (Decree No. 1441) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require parental leave for parents? | No | 0 | No applicable legal provisions could be located |
| Does the law require at least one week of paid paternity leave for fathers? | No | 0 | §61 of the Labour Code (Decree No. 1441) |
| Does the law require flexible work arrangements for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid nursing breaks? | Yes | 1 | §153 & 154 of the Labour Code (Decree No. 1441); §1-3 of the Regulation on Breastfeeding |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibits inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid maternity leave of at least 14 weeks? | No | 0 | §152 of the Labour Code (Decree No. 1441) |
| Does the law require cash maternity benefit be at least 67% of a worker's former wage? | Yes | 1 | §152 of the Labour Code (Decree No. 1441); §28 & 38 of the Decree No. 295 |
| Does the law require maternity benefit be paid through contributory social insurance or universal benefits system? | Yes | 1 | §152 of the Labour Code (Decree No. 1441); §28 & 38 of the Decree No. 295 |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §151(c) of the Labour Code (Decree No. 1441) |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require provision of free personal protective equipment to workers from employer? | Yes | 1 | §197(e) of the Labour Code (Decree No. 1441); § 7 & 94 of the Reglamento General sobre Higiene y Seguridad en el Trabajo |
| Does the law require the employer to train workers on health and safety issues? | Yes | 1 | §197 of the Labour Code (Decree No. 1441); §5(b) of the Reglamento General sobre Higiene y Seguridad en el Trabajo |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §122, 148 & 197 of the Labour Code (Decree No. 1441) |
| Does the law provide for employment injury benefit? | Yes | 1 | Agreement No. 1002 of the Board of Directors on work-related and nonwork-related accidents, 1994; ISSA Country Profile for Guatemala |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law provide for an old age pension? | Yes | 1 | Agreement No. 1124 of the Board of Directors on Regulations on Disability, Old age, and Survivors, 2003 |
| Does the law provide for a dependants'/survivors' pension? | Yes | 1 | §24-25 of the Agreement No. 1124 of the Board of Directors on Regulations on Disability, Old-age, and Survivors, 2003 |
| Does the law provide for unemployment benefit? | No | 0 | No applicable legal provisions could be located |
| Does the law require paid sick leave for the first 6 months of sickness? | Yes | 1 | §28 & 31 of the Decree No. 295; ISSA Country Profile for Guatemala |
| Does the law provide for invalidity benefit? | Yes | 1 | §9 of the Agreement No. 1124 of the Board of Directors on Regulations on Disability, Old-age, and Survivors, 2003 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law require equal remuneration for work of equal value? | Yes | 1 | §102 (c) of the Constitution of Guatemala 1985; §89 of the Labour Code (Decree No. 1441) |
| Does the law prohibit sexual harassment in employment? | No | 0 | No applicable legal provisions could be located |
| Does the law prohibit discrimination in employment matters? | No | 0 | §04 of the Constitution of Guatemala 1985; §14 (a) of the Labour Code (Decree No. 1441) |
| Does the law allow women to do the same jobs as men? | No | 0 | §102 (a) of the Constitution of Guatemala 1985; §06 of the Labour Code (Decree No. 1441) |
| Does the law guarantee basic labour protections for gig economy workers? | No | 0 | No applicable legal provisions could be located |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law prohibit employment of children? | Yes | 1 | §74, Constitution 1985; §31-32 & 148, Labour Code; §6 & 32 of Government Accord 112-2006 |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §33 of the National Education Law, 1991; Ministerial Agreement 1055-2009 |
| Does the law prohibit the employment of children in hazardous work under the age of 18 years? | Yes | 1 | §148, Labour Code 1995; §1, Government Accord 250-2006; §4, Ministerial Accord 154-2008 |
| Does the law prohibit forced labour? | Yes | 1 | §04 of the Labour Code; §202 of the Penal Code, 1973; Decree 10-2015 |
| Question | Answer | Score | Legal Basis |
|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §102 (r), Constitution 1985; §206 & 218, Labour Code (Decree No. 1441) |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §6, Constitution 1985; §38-56, Labour Code (Decree No. 1441); Decreto Numero 2-2012; USDOS CRHRP 2021 |
| Does the law provide for the right to strike? | No | 0 | §104 & 116, Constitution 1985; §239-244, Labour Code (Decree No. 1441); CEACR C87 Obs. 2021 |
| Does the law prohibit employers from terminating employment contracts of striking workers? | No | 0 | §390(2) & 430 of the Penal Code No. 17-73; CEACR C87 Obs. 2021 |
