Guatemala

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Country Snapshot

The GPS Country Snapshot includes 25 sections of information about labor law compliance in Guatemala. See a sample of popular sections below.

Termination of Employment

In Guatemala, the length of a statutory notice period for termination of an indefinite contract is based on the employee's duration of service.

  • One-week notice for service under six months
  • Ten days' notice for more than six but less than 12 months of service
  • Two weeks' notice for more than one year but less than five years of service
  • One-month notice for five or more years of service

The notice period listed above applies to workers who wish to terminate a contract for an indefinite period without just cause once the trial period has elapsed. These notice periods are not binding on employers and are superseded by a notice period stipulated in an employment contract. If an employer has to terminate an employee due to just cause or misconduct, a written dismissal notice must be provided to the employee before termination.

Work Permits

A foreign national who wishes to work in Guatemala is required to obtain both a work permit and residence permit. Most non-immigrant visas for temporary workers offer renewal periods. The initial stay can be two or three years, depending on the type of work, and can usually be renewed once. The work permit is valid for renewable periods of one year. A request for an extension must be filed 15 days before the expiration of the period for which the work permit is issued.

Paid Annual Leave

Under the Labor Code of Guatemala, pregnant female employees are entitled to a maximum of 12 weeks (84 days) of maternity leave, including 30 days of prenatal leave and 54 days of postnatal leave. 

An employee is entitled to receive her full salary while on maternity leave from the Guatemalan Institute of Social Security, provided she has paid contributions for 4 months in the 6 months preceding the prenatal leave and she is not engaged in any other paid work during the period of leave. If an employee is not registered with the Social Security Institute, the employer pays the full salary.

Working Hours

Per the labor law, regular working hours are eight per day and 44 per week (the standard workweek is six days). In case of mixed work day (day and night work), working hours cannot exceed seven hours per day and 42 hours per week. In case of night work, working hours cannot exceed six hours a day or 36 hours a week.

The total working hours, including overtime, may not exceed 12 hours a day. Employees who work beyond the standard working hours are entitled to overtime pay at 150% of the regular hourly rate. Work performed beyond the limits provided by the contract between the parties is also considered overtime work and must be remunerated as such.

Maternity Leave

Under the Labor Code of Guatemala, pregnant female employees are entitled to a maximum of 12 weeks (84 days) of maternity leave, including 30 days of prenatal leave and 54 days of postnatal leave. 

An employee is entitled to receive her full salary while on maternity leave from the Guatemalan Institute of Social Security, provided she has paid contributions for 4 months in the 6 months preceding the prenatal leave and she is not engaged in any other paid work during the period of leave. If an employee is not registered with the Social Security Institute, the employer pays the full salary.

Minimum Wage

The minimum wages in Guatemala effective from January 1, 2022, are as follows (all values in Guatemalan quetzales, GTQ):

Non-Agricultural Economic Sector

Daily: GTQ 97.29; Monthly: GTQ 2,959.24; Incentive Bonus: GTQ 250; Total Salary: GTQ 3,209.24

Agricultural

Daily: GTQ 94.44; Monthly: GTQ 2,872.55; Incentive Bonus: GTQ 250; Total Salary: GTQ 3,122.55

Exporter and Maquila

Daily: GTQ 88.91; Monthly: GTQ 2,704.35; Incentive Bonus: GTQ 250; Total Salary: GTQ 2,954.35

Country Profile

The GPS Country Profile contains detailed information on over 60 topics related to labor law compliance within Guatemala.
  • Type of Employment Relationship
  • Permanent Employment
  • Fixed-Term or Specific-Purpose Contracts
  • Temporary Employment Contracts
  • Part-time Employment
  • Young Worker Employment
  • Vendors and Independent Contractors
  • Types of Contracts
  • Probationary Period
  • Termination of the Contract of Employment
  • Grounds for Termination
  • Notice of Dismissal
  • Fair Dismissal
  • Redundancy
  • Unfair Dismissal
  • Suspension of Contract of Employment
  • Severance Benefits
  • Hours of Work
  • Work Week and Timekeeping
  • Night Work and Shift Work
  • Overtime
  • Remote Work
  • Required Time Off
  • Public Holidays
  • Annual Leave
  • Sick Leave
  • Maternity
  • Other Forms of Leave
  • Social Insurance and Retirement
  • Social Security Contribution
  • National Retirement Scheme
  • Dependents’/Survivors Benefit
  • Life and Disability Insurance/Benefit
  • Statutory Allowances
  • Compensation and Benefits
  • Minimum Wage (Basic Wage)
  • Bonuses, Profit Sharing and Other Compensation
  • Medical Insurance
  • Work Environment
  • Workplace Safety and Health
  • Prohibition of Discrimination
  • Prohibition of Harassment
  • Data Protection and Privacy
  • Whistleblowers and Retaliation
  • Workers’ representation in the organization
  • Freedom of Association
  • Registration and Recognition of Unions
  • Trade Union Personality
  • Collective Bargaining and Agreements
  • Disputes and Settlements
  • Strikes and Lockouts
  • Unfair Labor Practices
  • Taxation of Compensation and Benefits
  • Income Tax
  • Taxation of Employee Benefits
  • Tax Filing and Payment Procedures
  • Double Tax Relief and Tax Treaties
  • Visas and Work Permits
  • Visas
  • Work Permits and Residence Permits

 Country Snapshot

Get the full Country Snapshot with 25 sections of information about labor law in Guatemala.