Part-Time Work Convention, 1994 (No. 175) - Guatemala (Ratification: 2017)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work (industry)), 14 (weekly rest period (industry)), 30 (hours of work (commerce and offices)), 89 (night work (women)), 106 (weekly rest (commerce and offices), and 175 (part-time work) together.

The Committee notes the observations of the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF) on the application of Convention No. 175, received on 30 August 2024.

Hours of work

Article 2 of Convention No. 1 and Article 3 of Convention No. 30. Limits on normal hours of work.The maquila sector. Further to it previous comments, the Committee notes that, in its reports, the Government does not provide its comments with respect to the 2014 observations of the General Confederation of Workers of Guatemala (CGTG), alleging that offences in relation to working time are being committed in the maquila sector. The Committee notes that while the Labour Code does not regulate the hours of work specifically applicable to this sector, section 125 thereof provides that the executive board, through agreements of the Ministry of Labour and Social Security (MTPS), must specify how the provisions on working days apply both for enterprises where the work has very specific characteristics or is continuous, such as transport and communication enterprises. The Committee requests the Government to indicate the way in which section 125 of the Labour Code is applied in practice, specifying: (i) the enterprises where the work has very specific characteristics or is continuous, according to this provision; and (ii) the daily and weekly limits to hours of work for enterprises covered by the above provision and in the maquila enterprises. It also requests the Government to provide any supplementary legislation that has been adopted under the above provision.

Articles 2(c) and 4 of Convention No. 1 and Article 6 of Convention No. 30. Variable distribution of normal hours of work over periods longer than a week. Further to its previous comments on the application in practice of the legislation on hours of work in certain public bodies, the Committee notes the Government’s indication that the working time of some workers of the Office of the Prosecutor for children and young persons, under the Guatemalan Social Security Institute (IGSS) and the Institute for Criminal Law Legal Aid, organize through shift work. The Committee requests the Government to provide information on how shift work is implemented in the above-mentioned bodies, specifying: (i) the categories of workers or types of activities to which it applies; (ii) the working days and rest days included; (iii) the number of shifts per day and the maximum duration of each shift; and (iv) whether limits have been established for the duration of average weekly shift work, as well as periods used as references to calculate the average for these limits.

Articles 3 and 6(1)(b) and (2) of Convention No. 1 and Articles 5 and 7(2) and (3) of Convention No. 30. Temporary exceptions. Circumstances and limits of additional hours of work. Further to its previous comments on overtime pay owed by a municipal water company, the Committee notes the Government’s information that it signed an agreement with the complainant union concerning the additional hours, and had been convicted by the courts in this regard. Regarding the circumstances in which recourse to overtime is authorized, the Committee notes that: (i) neither section 121 nor 122 of the Labour Code fixes in a precise and exhaustive manner the circumstances in which recourse to overtime is authorized - only cases of public calamities and disasters are mentioned; and (ii) section 121(2) provides for unpaid overtime under circumstances (errors or omissions committed by the employee) which are not covered by the Conventions. In addition, with regard to limits on overtime work, the Committee notes that section 122 of the Labour Code provides that normal and additional hours cannot exceed a total of 12 hours per day, without other limits being set.

The Committee recalls that exceptions to the limits on normal hours of work are authorized in the Conventions in very limited and well-circumscribed cases (General Survey of 2018 concerning working-time instruments, paragraph 109), as are increases in overtime and cases of accident, actual or threatened, force majeure, or urgent work to machinery or in plants. The Committee also recalls that Convention No. 30 requires not only a daily limit of additional hours of work undertaken by workers in commerce and offices, but also a yearly limit. The Committee requests the Government to provide information on the measures adopted or envisaged, including by revising the above provisions of the Labour Code, to ensure that both in law and practice that: (i) recourse to additional hours of work is limited to clear, well-defined circumstances, taking into account the provisions of the Conventions; and (ii) other reasonable legal limits to additional working hours are established and respected.

Article 6(2) of Convention No. 1 and Article 7(4) of Convention No. 30. Overtime pay. The Committee notes that while Civil Service Act and its Regulations do not explicitly regulate public workers’ overtime work, the Government indicates that section 46 of Agreement No. 2-98, adopting the rules of procedure of the Public Prosecutor’s Office, indicates that work carried out that exceeds normal working hours established for this body shall be considered additional and paid, where a budget is available and the Attorney General of the Republic has authorized it. In this respect, the Committee recalls the need to provide for the payment of overtime hours in all circumstances at no less than 125 per cent of the usual wage rate, in accordance with the Conventions. The Committee requests the Government to provide information on the measures adopted or envisaged both in law and practice to guarantee overtime pay for public servants with the rate of pay set out in the Convention. The Committee also requests the Government to provide information on the cases in which overtime worked in the public sector has not been remunerated due to budget restrictions or lack of authorization of the competent authority, specifying both how often such cases occurred and the activities and approximate number of workers concerned.

Weekly rest

Articles 2, 4 and 5 of Convention No. 14 and Articles 6, 7 and 8 of Convention No. 106. Principle of weekly rest. Permanent or temporary exceptions to weekly rest. Compensatory rest. The Committee notes that the Government has provided information on the decisions issued by the General Labour Inspectorate authorizing workers to work on weekly rest days and days off under section 128 of the Labour Code. The Committee also notes that this provision establishes that in enterprises where the work has very specific characteristics or is continuous, as determined by law, or in highly-skilled activities, as determined by the General Labour Inspectorate, work may be carried out on weekly rest days. However, in these cases the worker is entitled, in addition to being paid for weekly rest, to be paid for this time, calculated as overtime. With regard to the foregoing, the Committee recalls the importance of keeping recourse to from the general 24-hour weekly rest rule to what is strictly necessary, and for such exceptions to be authorized under clearly specified conditions, which, in commerce and offices, must also be limited to the cases listed in Article 7(1) of Convention No. 106 (General Survey of 2018 concerning working-time instruments,, paragraphs 226 and 260). The Committee also recalls the importance of granting compensatory rest in all cases to workers deprived of their weekly rest, irrespective of any monetary compensation, as required by Articles 7(2) and 8(3) of Convention No. 106 (General Survey of 2018 concerning working-time instruments,, paragraphs 252 and 253). The Committee requests the Government to provide information on the application of section 128 of the Labour Code in practice, specifying: (i) the types of workplaces concerned and the categories of workers covered in the authorized exceptions to the ordinary scheme of weekly rest (including in the General Labour Inspectorate) under this provision; and (ii) any supplementary legislation that has been adopted in connection with the provision in question. The Committee also requests the Government to provide information on the measures adopted or envisaged, both in law and practice, to ensure that all workers covered by the exceptions authorized by the above-mentioned provision are granted compensatory rest of at least 24 consecutive hours for each seven-day period, independent of any monetary compensation.

Part-time work

Articles 1–10 of Convention No. 175. Protection for part-time workers. Further to its previous comment on the constitutional decision to suspend Governmental Agreement 89-2019 which adopted the implementing Regulations for Convention No. 175, the Committee notes the Government’s indication that in its decision of 15 July 2021, the Constitutional Court dismissed the claim of unconstitutionality filed by the workers and revoked the temporary suspension of certain provisions of the above Regulations that had been issued in 2019.

With regard to its previous comment on new measures adopted in application of the Convention, the Committee also notes the Government's indication that: (i) the three legislative initiatives registered before Congress relating to the application of the Convention were referred to the Labour Committee for its review and corresponding decision, and were still pending as the first debate on the initiatives was under way; and (ii) the subcommittee on labour legislation and policy of the National Tripartite Committee on Labour Relations and Freedom of Association (CNTRLLS) included in its workplan for 2023–2024 the examination of the three legislative initiatives mentioned above, with the aim of formulating a tripartite opinion on these, to be referred to the CNTRLLS for follow-up before Congress. The Committee requests the Government to indicate the developments of the legislative initiatives on part-time work.

Articles 6 and 11 of the Convention.Social security protection. Legislation. Consultation with the social partners. The Committee notes that the Government reports the adoption of Governmental Agreement No. 258-2022 of the Ministry of Labour and Social Security (MTPS), adopting Agreement No. 1522 of the IGSS Governing Board, containing the Regulations for the protection of part-time workers under the Convention. The Government indicates that Agreement No. 1522 of the IGSS aims to provide health services and cash benefits through sickness, maternity, accidents and disability, and old age and survivors schemes, for part-time workers, in the same conditions as for full-time workers who are affiliated with the IGSS.

The Committee notes that, in its observations, the CACIF indicates that, under Agreement No. 1522, employers’ contributions are calculated and paid based on the minimum monthly wage in force, as if for full-time employment. Despite this, however, coverage of part-time workers in case of common sickness, and the disability, old-age and survivors schemes are not applied in the same conditions as for full-time workers, which CACIF deems discriminatory. CACIF indicates that it set up a working group with the IGSS to attempt to resolve these issues but has not reached an agreement. The Committee requests the Government to provide its comments in this respect and to specify whether consultations were held with the most representative organizations of employers and workers prior to the adoption of Agreement No. 1522 of the IGSS which regulates access to social security protection for part-time workers.

Article 8. Exclusion of part-time workers with hours of work or earnings below specified thresholds. The Committee notes that the neither the Regulations nor Agreement No. 1522 of the IGSS contain specific provisions on income thresholds and duration of working time under which part-time workers are excluded from the scope of the social security schemes, monetary allowances for termination of an employment contract, annual leave, days off and sick leave. The Committee requests the Government to indicate whether such thresholds for the minimum number of working hours or earnings exist and, if so, to describe such thresholds and indicate whether they are periodically revised and what percentage of part-time workers are excluded under application of such thresholds.

Article 9. Measures to facilitate access to productive and freely chosen part-time work. The Committee notes the Government’s information on the electronic registration of part-time contracts, training provided and inspections conducted relating to these contracts, as well as on part-time workers affiliated with the IGSS. The Committee also notes that the Government has not provided information on the adoption of specific measures to facilitate access to part-time employment, as set forth in the revision of the corresponding legislation, the use of employment services, and the consideration of this work arrangement within employment policies. The Committee requests the Government to provide information on the measures adopted or envisaged, in law or practice, to facilitate access to productive and freely chosen part-time work, which meets the needs of both employers and workers, specifying whether these measures cover those envisaged in Article 9(1)–(3) of the Convention.

Night Work (Women)

Article 3 of Convention No. 89. Prohibition of night work for women. The Committee notes that in previous reports the Government affirmed that the employment of women in night work positions is a reality in the country and that the Convention has long ceased to be implemented. In this respect, the Committee recalls that pregnant and nursing women engaged in night work may be particularly vulnerable, and emphasizes the importance of women night workers who are in this situation being provided with alternative work (General Survey of 2018 concerning working-time instruments, paragraph 545). In this context, the Committee requests the Government to provide information on the measures taken or envisaged to protect night workers, particularly with regard to maternity. Noting also that the country is still bound by Convention No. 89 and that the denunciation window will be open between 27 February 2031 and 27 February 2032, the Committee invites the Government to schedule its denunciation at an appropriate time.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 1–10 of the Convention. Protection for part-time workers. The Committee notes the Government’s first report received in 2019 as well as the supplementary information provided in 2020 in light of the decision adopted by the Governing Body at its 338th Session (June 2020). It also takes note of the observations from the Autonomous Popular Trade Union Movement and the Global Unions of Guatemala, received on 5 November 2019 and 16 October 2020, and the Government’s reply to these observations, as well as the observations from the Coordinating Committee of Agricultural, Commercial, Industrial and Financial Associations (CACIF) and the International Organisation of Employers (IOE), received on 1 October 2020.

The Committee notes: (i) the adoption of the Regulations on Convention No. 175 in 2019 (Governmental Agreement 89-2019) with a view to ensure the effective application of the Convention; (ii) the decision of the Constitutional Court of 26 September 2019, suspending the application of various provisions of the Regulations pending the adoption of its final ruling on the matter; and (iii) the three legislative initiatives before Parliament concerning the application of the Convention: initiative 5477 (Act regulating Convention No. 175), initiative 5626 (Act implementing Convention No. 175) and initiative 5778 (amendments to the Labour Code).

Furthermore, the Committee notes, from the information provided by the Government and the social partners, that there is a debate between them at the national level on the question of part-time work and the application of the Convention. The Committee hopes that solutions to this debate can be found through social dialogue, including in the National Tripartite Committee on Labour Relations and Freedom of Association. The Committee requests the Government to provide information on the evolution of this debate, as well as on any measures adopted regarding the application of the Convention, including in relation to the above-mentioned legislative initiatives, and on the results of the ongoing constitutional procedure.