Part-Time Work Law Again

After the Constitutional Court temporarily suspended the legal framework regulating part-time work in Guatemala, a new proposal advances in Congress.

Tuesday, November 5, 2019

This is bill 5477 has received a favorable opinion from the Labor Commission of the Congress of the Republic and is pending discussion in the plenary of deputies.

See "The Paradox of Labor Unions"

The proposed law, known as the "Law Regulating International Labor Organization (ILO) Convention No. 175 on Part-Time Work", provides for definitions of part-time employment contracts.

Prensalibre.com reports that "... The proposal also defines what a part-time employment contract is, the concept of part-time worker and working hours. For example, the ordinary daytime part-time work may not be more than six hours per day and may not exceed thirty-six (36) hours per week. An ordinary part-time night shift may not be more than four hours a day and may not exceed 24 hours a week. The ordinary part-time mixed working day shall not exceed five hours per day and 30 hours per week."

Also see "Changes the Labor Market Needs"

Juan Pablo Carrasco, executive director of the Guatemalan American Chamber of Commerce (AmCham), said that "... the law that had already been approved complied with the Guatemalan Constitution, but the new initiative complies with the guidelines proposed by the Constitutional Court (CC) so that it is no longer contested and can be applied."

According to the congressmen the new proposal is still subject to amendments and improvements, among the internal procedures of the Congress.

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More on this topic

Exporters in Favor of Part-Time Employment

October 2019

After the Constitutional Court suspended the agreement regulating part-time employment in Guatemala, the exporters' union asked to be a third party interested in the case, because without the regulations, the generation of formal employment is weakened.

At the beginning of October, the Constitutional Court (CC) decided to temporarily suspend Governmental Agreement 89-2019, which establishes the Regulations of Convention 175 of the International Labor Organization (ILO) to regulate the hiring of part-time personnel in the country.

The Paradox of Labor Unions

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Arguing to defend "the interests of the workers", labor union groups in Guatemala filed an appeal against the recently approved agreement regulating part-time employment in the country, and in response, the Constitutional Court decided to temporarily suspend it.

After several years of discussion, on June 27, 2019 Governmental Agreement 89-2019 was published in the Official Newspaper.

Part-Time Employment Keeps Generating Doubts

September 2019

How many hours you can hire under this modality and what type of coverage the Social Security will give these workers, are some of the doubts that businessmen still have in Guatemala.

Regarding the number of hours an employee can be hired, Juan Ernesto de León, vice-president of the Labor, Legal and Human Resources Committee of the Guatemalan American Chamber of Commerce (AmCham), explained to Prensalibre.com that "...

Flexible Working Hours Requested in Costa Rica

July 2014

Industrialists are asking for inclusion in the Labour Code a 12 hour work day, and in cases in where the law permits, annualized hours.

From a statement issued by the Chamber of Industries (ICRC):

July 2014. In the view of the ICRC establishing additional rules for working time in Costa Rican legislation represents an excellent option for generating higher quality employment opportunities, while at the same time allowing firms to improve their production levels.

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