Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Guatemala (Ratification: 1959)

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 2008, published 98th ILC session (2009)

Articles 7 and 11(a) of the Convention. Permanent exemptions. The Committee notes the information supplied by the Government concerning the enterprises authorized to grant exemptions from the principle of weekly rest for the 2007–08 period. It also notes that work on rest days or public holidays is performed on a voluntary basis with a corresponding wage increase and that, under section 128 of the Labour Code, any employer who requests an exemption must meet the conditions laid down in the regulations issued by the Ministry of Labour and Social Welfare. The Committee requests the Government once again to indicate whether the regulations provided for in section 128 of the Labour Code have been issued and, if so, to transmit a copy.

Recalling that the Convention only allows special weekly rest schemes to be applied where the nature of the work or service, the size of the population to be served or the number of persons employed make it necessary, in consultation with the representative employers’ and workers’ organizations, taking account of all proper social and economic considerations, the Committee requests the Government to state the categories of persons or establishments which are subject to special weekly rest schemes, the reasons for applying such schemes and the consultations held in relation to such exemptions.

Articles 8 and 11(b). Temporary exemptions. Further to its previous comment, the Committee notes that the Government’s report does not contain any information on the conditions in which temporary exemptions may be granted, compensatory rest granted as a result and also the methods adopted for consultation of the representative employers’ and workers’ organizations concerned. While recalling that the Convention only permits temporary exemptions for limited and clearly defined reasons, namely: (i) in case of accident, force majeure or urgent work; (ii) in the event of abnormal pressure of work due to special circumstances; and (iii) in order to prevent the loss of perishable goods, the Committee requests the Government once again to supply detailed information on these points.

With regard to the observations made by the Trade Union Confederation of Guatemala (UNSITRAGUA) concerning the hours of work of judges and auxiliary staff at law courts, the Committee notes the Government’s statement that the general labour inspectorate deals with all complaints from workers and trade unions and, in the event of a breach of labour legislation, the inspectorate applies the provisions of section 281 of the Labour Code concerning procedures in cases of infringements. It also notes that, according to information from the Supreme Court of Justice, judges and auxiliary staff at law courts resident in the district for which they are responsible may be required to work outside normal hours, including on the weekly rest day, but only on an exceptional basis and on condition that compensatory rest is granted (to be taken during the following week) as provided for by section 32 of the collective agreement relating to conditions of work concluded between the state judiciary and the trade union of its employees (STOJ).

Part V of the report form. Practical application. The Committee notes the statistical information provided by the Government concerning the failure to remunerate or grant weekly rest for the 2007–08 period. The Committee would be grateful if the Government would continue to supply general information on the manner in which the Convention is applied in practice, including, for example, information relating to the number of workers covered by the legislation, extracts of the reports of the inspection services indicating the number and nature of offences reported and penalties imposed, copies of the relevant collective agreements, etc.

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

Article 7, paragraphs 1, 2 and 4, and Article 11(a), of the Convention. The Committee asks the Government to indicate in its next report any regulations issued under section 128 of the Labour Code or practical measures concerning special weekly rest schemes to be applied to specific categories of persons or types of establishments. Please also indicate the measures, which ensure to persons subject to such schemes, a period of weekly rest of at least 24 hours in respect of each period of seven days, and the methods adopted for the consultation of the representative employers’ and workers’ organizations.

Article 8, paragraphs 1 and 3, and Article 11(b). The Committee requests the Government to provide information on the circumstances in which temporary exemptions may be authorized. It recalls that, under Article 8, paragraph 3, compensatory rest of a total duration of at least 24 hours must be ensured to persons concerned, regardless of monetary compensation. The Committee invites the Government to indicate the measures taken or envisaged to give effect to the Convention in this respect. Please also provide information on the methods adopted for the consultation of the representative employers’ and workers’ organizations, as required by Article 8, paragraph 2.

The Committee takes note of the observations communicated by the Trade Union of Workers of Guatemala (UNSITRAGUA) in August and September 2003, transmitted to the Government on 8 October 2003, maintaining that it is the practice in parts of the judicial system to compel judges and auxiliary staff at law courts to work up to 24 hours a day, in shifts following the normal working day. According to the Union’s comments, this procedure implies that the persons concerned are deprived of their right to paid weekly rest, embodied in section 126 of the Labour Code, similarly as in cases where workers are employed without their legal status of workers being respected as such. Extensive parts of the observation are related to methods for the calculation of wages, which in the view of UNSITRAGUA are not justified, including discrimination by retaining the payment for the weekly rest day, where workers do not work six consecutive days in the week.

The Government is invited to comment on the observations of UNSITRAGUA.