Unions Against Part-time Employment

Arguing that the regulations contradict some articles of the Political Constitution, in Guatemala union groups brought an action against the agreement that allows companies to hire part-time personnel.

Tuesday, September 10, 2019

After years of discussion, on June 27th Governmental Agreement 89-2019 was published in the Official Gazette. This Agreement establishes the Regulations of Convention 175 of the International Labor Organization (ILO), which will regulate the hiring of part-time personnel in the country.

You may be interested in “Progress in Partial Employment Law" and "Changes the Labor Market Needs”.

After this change in the conditions of the Guatemalan labor market, trade union organizations have reacted through the legal route, filing before the Constitutional Court (CC) actions against the regulation.

Daniel Domingo Cabrera, the lawyer who filed the appeal, told Elperiodico.com.gt that the agreement "... contradicts Article 102, paragraph G of the Political Constitution, which establishes that workers who work less than 44 hours a week will have the right to receive the full weekly wage. It is considered to violate articles 103, 118 and 119 because conditions and access to a dignified life would not be guaranteed."

On the other hand, Javier Zepeda, executive director of the Chamber of Industry of Guatemala (CIG), explained that "... he regrets this action. It is not clear to them which is the fund of the Convention because it is really endorsed by the ILO, which seeks to generate formal employment in its fund."

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

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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 "...

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