Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) - Guatemala (Ratification: 1961)

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 2013, published 103rd ILC session (2014)

Articles 2 and 6 of the Convention. Work in excess of normal hours of work – Overtime hours. The Committee notes the Government’s reply to the comments of the Indigenous and Rural Workers’ Trade Union Movement of Guatemala (MSICG) dated 10 September 2012, regarding allegedly excessive working hours imposed on the staff of the Public Prosecutor’s Office for Children and Young People, of the Guatemalan Social Security Institute and of the Institute of Public Criminal Defence. The Government indicates that while employees of the Public Prosecutor’s Office for Children and Young People carry out 24-hour shifts, they are not subject to forced labour, as their health and life are not affected and they have the right to compensatory rest in accordance with the law regulating the warning system Alba-Kenneth. The Government adds that, according to the Labour Division of the Public Prosecutor’s Office, the organization of work in shifts is necessary to ensure that children are protected and shifts are organized with fairness in order to comply with the relevant legislation. As regards the employees of the Guatemalan Social Security Institute and the Institute of Public Criminal Defence, the Government refers to the respective internal regulations and explains that work carried out in excess of the normal hours of work, when duly authorized, is remunerated as overtime work. Noting that the MSICG’s comments appear to refer especially to cases in which employees are de facto obliged to perform long overtime hours without always receiving extra pay, the Committee requests the Government to provide additional information on the manner in which working time legislation is effectively enforced in practice. The Committee also requests the Government to refer to the comments made under the Hours of Work (Industry) Convention, 1919 (No. 1), which addresses similar problems of excessively long hours of work and unpaid overtime in the industrial sector.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Articles 2 and 6 of the Convention. Exceeding normal hours of work – Overtime. The Committee notes the observations made by the Indigenous and Rural Workers’ Trade Union Movement of Guatemala (MSICG) in a communication received on 10 September 2012 and transmitted to the Government on 28 September 2012. The MSICG’s allegations specifically concern: the excessive working hours imposed on the staff of the Public Prosecutor’s Office for Children and Young People following the introduction of a missing child warning system; working time regulations pertaining to the employees of the Guatemalan Social Security Institute and the Institute of Public Criminal Defence; and the obligation on employees in some municipalities to do unpaid overtime for work of a political nature for the mayors of these communities. The Committee requests the Government to provide any comments it may wish to make in reply to the observations of the MSICG.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 6 of the Convention. Overtime. Further to its previous comments on the observations submitted by the Trade Union Confederation of Guatemala (UNSITRAGUA) about the hours of work and overtime of judges and auxiliary staff of law courts, the Committee notes the information supplied by the Supreme Court of Justice that in the event of overtime or work done on weekly rest days or  holidays, the abovementioned personnel in all instances have compensatory rest (to be taken in the course of the following week), as provided in article 32 of the collective agreement on conditions of work concluded between the state judicial body and the union of its workers (STOJ), or else special remuneration. With regard to UNSITRAGUA’s observations on unpaid overtime, mainly in banks and in respect of certain categories of public employees engaged in office work, the Committee notes the information from the Government that the Ministry of Labour and Social Welfare has held consultations in a number of banking establishments. It is clear from these consultations and from communications sent by the representatives of a number of national banks that overtime is paid, or else the general labour inspectorate brings legal action to seek redress and obtain sanctions. The Committee asks the Government to refer to its comments under Convention No. 1 in which it noted serious and persistent problems in applying the Convention, particularly with regard to maximum daily hours of work.

Part V of the report form. Practical application. The Committee notes the detailed information sent by the Government on inspections carried out in the banking sector and in the judiciary for the period 2007–08. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied, including extracts of reports by the labour inspection services indicating the number or workers covered by the relevant legislation, the number of contraventions reported in the areas covered by the Convention and the penalties imposed, etc.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the comments communicated by the Trade Union of Workers of Guatemala (UNSITRAGUA) on 2 June 2005 providing information on the categories of civil servants in the judicial system and auxiliary staff of law courts covered by, or excluded from, the scope of application of the Convention in accordance with the Law of Civil Servants in the Judicial System (Decree No. 48-99) and the Law on Judicial Career (Decree No. 41-99). The Committee hopes that the Government in its next report will reply to these observations as well as to two other observations communicated by UNSITRAGUA in October 2002 and August 2003 concerning unpaid or otherwise non-compensated overtime work, especially in bank offices and the judiciary. The Committee also hopes that the Government will provide a detailed response to the points raised in its previous observation concerning the application of the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. The Government indicates that the Tripartite Subcommittee on Pending Legal Reforms will discuss a change of section 122 of the Labour Code with the aim of establishing the circumstances in which recourse may be made to up to four additional working hours per day. It, further, states that Government Decision No. 6-80 of 9 May 1980 limits the annual maximum of additional hours to 160, while section 122 of the Labour Code fixes the daily limit at 12 hours.

The Committee notes with concern that the harmonization of section 122 of the Labour Code with the requirements for exceptions, as provided for by the Convention, has been under consideration for many years without achieving any progress. It urges the Government to make every effort to bring its legislation into conformity with the Convention in this respect, and requests it to include in its next report information on the steps taken, including with regard to any administrative regulations which might permit even to exceed the 12-hour maximum.

2. Furthermore, the Committee refers to the observation of the Trade Union of Workers of Guatemala (UNSITRAGUA) of October 2002, stating that, according to Order No. 31-2000 of the Supreme Court, based on the Law of Civil Servants in the Judicial System (which is provided for under section 210 of the Constitution and section 193 of the Labour Code), certain categories of judges and auxiliary staff of law courts may be forced to perform shift work after a normal working day up to 24 hours per day without any compensation for overtime in time or in cash.

The Committee draws the attention to Article 1(1)(b) of the Convention. This provision extends the scope of the Convention to public establishments and administrative services in which the persons employed are mainly engaged in office work. Auxiliary staff, as far as engaged in the administration of justice, appear to be covered by the Convention, whereas judges rather seem to be not included. They might, however, also be exempted from the application of the Convention in case that, under national law, they are considered to be engaged in connection with the administration of public authority (Article 1(3)(b) of the Convention).

The Committee asks the Government to indicate the categories of staff of the judicial system, which it exempts from the application of the Convention. It, further, requests the Government to inform it on any measures appropriate to ensure that the requirements of the Convention are complied with also with regard to those persons of the staff who are covered by the Convention.

The Committee further takes note of a second observation made by UNSITRAGUA in August 2003 transmitted to the Government on 8 October 2003, which, in addition to the comments of October 2002, draws the attention to cases of unpaid overtime work, mainly occurring in bank offices, and to a special category of public employees, mainly engaged in office work, who, according to UNSITRAGUA’s observation, are deprived of their right to limited working hours because the State disregards their status as employees.

The Committee invites the Government to comment also on these latter observations of UNSITRAGUA.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's report and the information supplied in reply to its previous direct request. With reference to its comments on the application of the Hours of Work (Industry) Convention, 1919 (No. 1), the Committee recalls the need to modify section 122 of the Labour Code, which stipulates that a working day including additional hours may not exceed 12 hours. The Committee once more wishes to recall that the exceptions provided for under Article 7 of the Convention, must remain within reasonable limits, and that the authorization of four additional hours of work a day, without providing other guarantees, such as a monthly or annual limit, greatly exceeds the exceptions authorized by the Convention and is clearly contrary to the spirit in which the latter was drafted. The Government indicates in its report on the application of the Convention that, in response to the Committee's comments, it will take steps necessary to establish, after consultation with the employers' and workers' representative organizations, the circumstances in which recourse may be made to additional hours of work, and also the maximum number of additional hours which may be authorized in each case. The Committee hopes that these steps will be taken in the near future and requests the Government to keep the ILO informed of all progress achieved in this connection.

Furthermore, the Committee refers to its observation of 1981, in which it noted that the Government Decision No. 6-80 of 9 May 1980 gave effect to the provisions of the Convention by fixing a reasonable annual limit to the number of additional hours authorized. It reiterates its request for clarification of the legal situation resulting from the application of Decision No. 6-80, and of section 122 of the Labour Code to workers covered by the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the information supplied by the Government in its report. It notes in particular the Government's indication that section 122 of the Labour Code establishes the cases in which the working day may be extended.

The Committee draws the Government's attention to the fact that it has addressed the above provision in its comments on Convention No. 1, and asks the Government to refer to them.

Furthermore, the Committee noted in 1981 the adoption of Government Decision No. 6-80 of 9 May 1980 containing regulations which it considered to be in conformity with the provisions of the Convention.

The Committee therefore asks the Government to clarify the legal situation by indicating to what extent Government Decision No. 6-80, and section 122 of the Labour Code apply to the workers covered by the Convention.