New labor reform 2022

The unjustified dismissal rule is maintained. If an employer dismisses an employee without just cause, it is obliged to pay her an indemnity (mesada). Under the 2017 Labor Reform, the amount of the allowance was limited to be no more than the equivalent of 9 months’ salary, regardless of how long the person has been employed.

Under the new law, any employed person who is dismissed without just cause and where the practice and circumstances involved tend to create an expectation of continuity in employment, is entitled to receive from her employer the salary she would have earned, in addition to the following:

Partial employees are those who work less than seven and a half hours (7.5 hrs). The time of 30 minutes of lactation period for every 4 hours of work that partial employees have for this purpose was not changed.

Employers have a responsibility to reasonably accommodate the religious practices of their employees, even though many employees request the same accommodation. This is not limited to Christians, but should include all religions.

Labor code guatemala

However, the SC seems to be, at least, “redefining” the contours of the contract of work and service linked to a contract. And the SSTS (4) July 19, 2018 (rec. 823/2017; rec. 824/2017; rec. 972/2017; and rec. 1037/2017) are illustrative of this process

Indeed, until then, the jurisprudential doctrine understood that “while the same contractor holds the contract, either by extension or by new award, it cannot be understood that the employment relationship has come to an end”.

In any case, it should be noted that this doctrine has been “surpassed” by virtue of STS December 29, 2020 (rec. 240/2018), issued in Plenary (and without individual votes), since, it is no longer possible to formalize a works contract linked to the duration of a contract.

The STS 4 March 2020 (rec. 2165/2017), addresses the following questions: first, whether a contract for a specific work or service formalized by the Agency for Social Services and Dependency of Andalusia, under specific subsidies, has as its object a work or service with its own autonomy and substantivity or, on the contrary, involves the performance of normal and regular activities of the company; and, second, whether, the fact that the activities are subject to specific subsidy is sufficient to consider that there is a work or service in the terms required by Article 15.1 a) ET.

Labor Code guatemala pdf

The proposal of the labor unions regarding salaries is “to advance in the elimination of the obstacles that women have to insert themselves in formal jobs, to eradicate all forms of violence, harassment and discrimination at work, effective measures with a focus on rights and gender to achieve family co-responsibility”, according to El Espectador.

Another important point to be included in the bill has to do with reforms to the Substantive Labor Code, which will seek to improve the daytime working day, Sunday and holiday surcharges, as well as the apprenticeship contract.

And, not less important, to achieve a better remuneration for Colombians represented in returning to the night shift from 6 p.m. and not from 9 p.m.. In addition, return to 100% payment for Sundays and holidays, and not 75% as it currently works.

Labor Code guatemala 2022

Article 182The working conditions of workers in positions of trust shall be proportionate to the nature and importance of the services they render and may not be inferior to those governing similar jobs within the company or establishment.

Said workers in positions of trust will not be able to participate in the recount tests within the conflicts of ownership of the collective bargaining agreement nor intervene in the consultations for the signing or revision of collective bargaining agreements referred to in Article 390 Ter, Section II, of this Law. (PARAGRAPH ADDED D.O.F. MAY 01, 2019)

Article 184The working conditions contained in the collective bargaining agreement that governs the company or establishment shall be extended to workers in positions of trust, unless otherwise provided for in the collective bargaining agreement itself.

Article 185The employer may terminate the employment relationship if there is a reasonable cause for loss of trust, even if it does not coincide with the justified causes for termination referred to in Article 47.