Guatemala's labor laws establish a framework for working hours, overtime, and rest periods to protect employees and ensure fair compensation. Understanding these regulations is crucial for businesses operating in Guatemala to maintain compliance and foster positive labor relations. Guatemalan labor law distinguishes between daytime, nighttime, and mixed work shifts, each with specific regulations regarding working hours and compensation.
This guide provides a detailed overview of Guatemala's working time regulations as of 2025, covering standard working hours, overtime rules, rest periods, night shift provisions, and employer obligations for record-keeping.
Standard Working Hours
The Guatemalan Labor Code defines the maximum standard working hours as follows:
- Daytime shift: 8 hours per day, 44 hours per week
- Nighttime shift: 6 hours per day, 36 hours per week
- Mixed shift (includes both day and night hours): 7 hours per day, 42 hours per week
The standard workweek is generally Monday through Saturday morning, reflecting a 5 1/2 day workweek. Any work exceeding these limits is considered overtime.
Overtime Regulations and Compensation
Overtime work in Guatemala is permitted but strictly regulated. It must be voluntary unless otherwise stipulated in an employment contract or collective agreement.
- Maximum Overtime: Employees cannot work more than 12 hours of overtime per week.
- Overtime Pay: Overtime must be compensated at a rate of 1.5 times the employee's regular hourly wage.
| Overtime Aspect | Regulation |
|---|---|
| Overtime Rate | 1.5 times the regular hourly wage |
| Maximum Overtime per Week | 12 hours |
| Requirement | Generally voluntary, unless otherwise agreed |
Rest Periods and Break Entitlements
Guatemalan labor law mandates rest periods to ensure employee well-being and productivity.
- Daily Rest: Employees are entitled to a minimum rest period during their workday, typically at least 30 minutes for meals.
- Weekly Rest: Employees are entitled to one full day of rest per week, usually on Sunday.
| Rest Period Type | Entitlement |
|---|---|
| Daily Rest | Minimum 30-minute break, typically for meals |
| Weekly Rest | One full day, usually Sunday |
Night Shift and Weekend Work Regulations
Night shifts and weekend work are subject to specific regulations under Guatemalan labor law.
- Night Shift: As mentioned above, the maximum length of a night shift is 6 hours per day, 36 hours per week.
- Weekend Work: Work on Sundays or designated weekly rest days is generally prohibited, except for specific industries or activities where continuous operation is necessary. Employees working on their rest day are entitled to overtime pay.
Working Time Recording Obligations for Employers
Employers in Guatemala have a legal obligation to maintain accurate records of employee working hours, including regular hours and overtime. These records are essential for demonstrating compliance with labor laws and resolving potential disputes.
- Record-Keeping Requirements: Employers must keep detailed records of each employee's daily and weekly working hours, including any overtime worked.
- Accessibility: These records must be readily available for inspection by the Ministry of Labor and Social Welfare.
- Payroll: Payroll records must accurately reflect all payments made to employees, including overtime compensation.
