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Guatemala

Working Hours and Overtime Regulations

Understand the laws governing work hours and overtime in Guatemala

Standard working hours

In Guatemala, the Labor Code sets out the regulations for standard working hours. The key points are as follows:

  • The standard workweek is capped at a maximum of 44 hours per week (Article 122, Labor Code of Guatemala).
  • The standard workday is set at 8 hours per day (Article 122, Labor Code of Guatemala).

These limitations are applicable unless otherwise specified in an employment contract (Article 123, Labor Code of Guatemala).

Please note that the regulations for night and mixed shifts are slightly different:

  • Night work is limited to 36 hours per week, with a maximum of 6 hours per day. Night work is defined as work performed between 6:00 p.m. and 6:00 a.m. (Article 124, Labor Code of Guatemala).
  • Mixed shifts, which are a combination of day and night work, are limited to 42 hours per week, with a maximum of 7 hours per day (Article 125, Labor Code of Guatemala).

There is also a maximum limit on total working hours, which includes standard and overtime:

  • The daily maximum is that total working hours cannot exceed 12 hours per day (Article 121, Labor Code of Guatemala).

Overtime

In Guatemala, overtime work is defined as any work performed beyond the standard working hours.

When it comes to overtime rules, any work exceeding the standard limits is considered overtime and requires additional compensation. There's also a daily limit on total working hours, which includes both regular hours and overtime. This limit is set at 12 hours per day.

As for overtime compensation, overtime work is compensated at a premium rate. Workers earn at least 1.5 times their regular hourly wage for each hour of overtime. This rate increases to double the regular hourly wage (200%) if work is performed on regular rest days, annual leave, or official holidays.

Rest periods and breaks

Guatemalan labor law guarantees rest periods and breaks for all workers, ensuring they have sufficient time to recover and recharge during the workday and workweek.

###Daily Rest Periods

Workers are entitled to a minimum of 12 consecutive hours of rest between each workday. This ensures adequate time for sleep and recuperation before returning to work.

###Daily Breaks

Guatemalan law mandates a minimum break of at least 30 minutes during a regular workday. This break should be considered paid working time and allows employees time for meals and personal needs.

When working hours are split into multiple periods, break times should be adjusted to accommodate the nature of the work and the worker's needs.

Domestic workers are entitled to a longer break time, with a minimum of 2 hours allocated for meals.

###Weekly Rest Periods

All workers, with the exception of domestic workers, are legally entitled to one paid day of rest after each workweek. The specific day of the week may vary depending on the company's established practices.

Work performed on the designated weekly rest day must be compensated accordingly, with a 50% increase in wages.

Following these regulations ensures Guatemalan workers receive essential rest periods and breaks, promoting their well-being and productivity.

Night shift and weekend regulations

In Guatemala, labor law acknowledges the demanding nature of night and weekend work. To ensure worker well-being and fair compensation, specific regulations are in place.

Night work is defined as any work schedule that falls between 6:00 PM and 6:00 AM the following day. Night shift workers are legally entitled to shorter working hours compared to day shift workers. The maximum daily working hours for night shifts are capped at 6 hours, with a maximum weekly limit of 36 hours. Night work is generally compensated at a higher rate compared to regular daytime work. While the specific increase is not mandated by law, it's a common practice to ensure fair compensation for the additional demands of night shifts.

All workers, except domestic workers, are entitled to one paid day of rest per week. This rest day typically falls on a weekend, although the specific day can vary depending on the company's schedule. Work performed on the designated weekly rest day is considered overtime and must be compensated accordingly. Workers are entitled to a 50% increase in their regular wages for work done on their rest day.

Certain sectors deemed essential services, such as hospitals or security companies, may require employees to work on weekends. However, these workers should still receive appropriate compensation for their work, following the overtime pay regulations.

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