Ley Contra la Violencia Sexual, Explotación y Trata de Personas (Decreto número ). Congreso de la República de Guatemala. Con fecha 18 de febrero de el Congreso de la República de Guatemala, aprobó el Decreto , Ley Contra la Violencia Sexual. ; Congreso de la República de Guatemala, “Decreto Numero ,” “Mayas Tienen Grandes Valores y Rezagos,” Prensa Libre, August 9,

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Guatemala – Maternity protection – 2011

It is not prohibited. It is forbidden to dismiss female workers during pregnancy or breastfeeding period. The social security system including paternity benefits covers all the Spanish citizens normally exercising an activity in Spain, such as employees, including casual, seasonal and permanent workers, self-employed persons, students and civil servants.

In this case the employer shall obtain authorization from a Labour Judge. It has not been provided any express legal provision in favor neither of pregnant workers nor breastfeeding mothers. Except by a justified reason motivated on a serious fault regarding the duties of the female employee. The qualification conditions to be entitled to cash maternity benefits are determined both by the age of the worker and the length of its contribution to the general social security scheme.

It is not mentioned in the Organic Law on the Guatemalan Social Security Institution, the payment of cash benefits for adoptive mothers. Pregnant workers are entitled to remunerated time off for prenatal medical visits and for sessions on preparatory techniques for the birth, on condition that they justify the need to time off during working hours. It is not clear whether this post-partum leave is the minimum period of 54 days stipulated for maternity leave after confinement or if it refers to 84 days which is the whole length of the maternity leave.

The maternity protection provided by the Labour Code covers all women working in the private sectors. Each successive child entitles the worker to a new period of leave which marks the end of the current period of leave. Nursing mothers may not be employed on work which involves a significant risk of contamination. When the worker is entitled to social security benefits she will receive an amount in porpotion to her contributions.

This Royal Decree will address among others, issues on minimum wage rates, in kind allowances payments, extraordinary payments, daily rest period, etc.

Social Security covers employees. According to the website of the Institute of Social Security of Guatemala, there are still categories of workers not dcereto self-employed among them.

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All workers are entitled to maternity leave cash benefits, whether employees or self-employees, whatever their sex, if affiliated in any social security scheme and have made the contributions required. Mixed two-thirds social security, one-third employer If transferring the worker to another post is not technically or objectively feasible, or cannot reasonably be required on duly justified grounds, the law provides for the suspension of the employment contract.

Labour Code Dangerous or unhealthy work It has not been provided any express legal provision in favor neither of pregnant workers nor breastfeeding mothers. Except for the 6 weeks of compulsory leave, if the child is premature or has to be hospitalised guatekala birth, leave can be taken after the end of hospitalisation.

In cases of child birth, adoption or foster care, the worker is entitled to suspend his contract for four consecutive weeks, that can be extended in the event of multiple childbirth, adoption or fostering in two days for each child after the second.

She can be transferred to a post which does not correspond to her group or category, although she would keep the remuneration of her previous post.

All workers are entitled to maternity benefits from the first day of initiation of maternity leave, and its duration will correspond to the duration of the enjoyed rest period. In case of multiple birth, 2 weeks for each child after the second child.

It is unlawful to make pregnant women carry out tasks which require considerable physical effort in the three months before confinement. Labour Code Overtime Not prohibited. Where sel woman is not entitled to Social Security benefits, the employer shall cover the full guwtemala.


Labour Code Night work Not prohibited. Therefore, as the law stands the obligation would appear to rest with the employer to pay this benefit, according to the Labour Code.

The worker shall be reinstalled in her job as soon as her condition allows it. After one year, a post of the same professional group or category shall be reserved for the employee on parental leave. The employer may not dismiss women workers during pregnancy or nursing, as they repbljca be immune from dismissal except for just causes stemming from a serious violation of the obligations laid down cognreso their contract.

Social Security System is financed by different sources: Labour Code Leave in case of illness or complications Repbpica woman worker may remain absent from her job for a longer period as a result decrrto illness which is confirmed by a medical certificate to have been caused by pregnancy or confinement, provided that this period does not exceed three months, counting from the point when leave was taken.


The post the worker occupied has to be kept open for one year from the date that parental leave commences.

Domestic workers must have paid contributions at least during the six months immediately before the date she needs to make use of the Social Security services. Acuerdo Reglamento EMA. Medical assistance comprises medical, surgical, therapeutic and hospital care during pregnancy, childbirth and the postnatal period. Labour Code Work on rest days Not prohibited.

Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. After the legal grounds of suspension have ceased to exist, the worker is entitled to his or her reinstatement in the job. Sixteen weeks Extension In case of multiple birth, 2 weeks for each child after the second child.

TRAVAIL legal databases

The Labour Code covers adoptive mothers working in the private sectors. By agreement between employers and male workers, the suspension of the contract can be enjoyed by repblca in full-time or part time with a minimum of 50 per cent of daily work performed.

The employer has the burden of proof in case of dismissal based on a serious breach of duties by the pregnant female employee or breastfeeding employee.

The Labour Code has established general duties regarding the protection of safety and health of all workers. The Guatemalan Social Security Institute covers two thirds of the basic salary and the employer covers the remaining third. Public servants are covered by the Statute of Public Service and its Regulations.

At the time this up-dating was done it was not possible to have access to any further regulation of this Institute regarding the payment of cash benefits for adoptive mothers.

The Labour Code covers all workers in the private sectors.