Around
The House In Guatemala
You're A Homeowner in
Guatemala - With A Maid, And A Gardener
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You’re a Homeowner
in Guatemala, with a Maid, and a Gardner .Ah!, Heaven! A Dream Come
True. ....Now , Here are the Rules You’ve Gotta Play By.
Finally! A
full-time employee to clean the house, cook, make the beds. And another
to do the yard. And a third just to watch over the property. It’s a Wonderful
Life. But before you drift too far off into dreamland, here’s what you’ve
gotta know about your responsibilities towards your Guatemalan employees.
 Work
Week: The Guatemalan Work Week is 5-1/2 days. A normal work week consists
of 8 hour days, and a half day on Saturday, for a total of 44 hours.
Minimum
Wage/Salario Mínimo: Domestic employees are not subject to prevailing
wage regulations. However, one will pay a minimum of $100/month, plus benefits
(holidays, vacations, vacations, aguinaldo & Bono 14, etc. Read on…)
Paid
Holidays/Feriados: Jan 1; Thursday, Friday & Saturday of Easter Week;
May 1 (Labor Day); June 30 (Army Day and anniversary of 1871 revolution);
September 15 (Independence Day); October 20 (anniversary of 1944 revolution);
November 1 (All Saints Day); December 25; December 24 and 31 (half day).
Wages
Paid: Commonly - biweekly (quincenal). Weekly for manual laborers.
Annual
Vacations: After one year of continuous service, employees can enjoy a
period of 15 working days of paid vacations. Vacations can be requested
proportionally as well, after working for 150 days per year, and can be
divided in two periods. They must be taken annually and cannot be paid,
unless the employee leaves the company before using them.
Social
Obligations: Some of the benefits allowed to employees are:
1. Every pregnant
woman has the following rights:
Irremovability
from her job during her pregnancy and the first year after coming back
from maternity leave, unless it is justified and the labor authorities
approve it.
To
get her job back when she returns from maternity leave.
A
paid maternity leave consisting of 30 days prior to the birth and the following
54 days (Social Security pays 100% of the mother’s salary during that period).
A
paid ten month’s permit to get to her job an hour late or leave an hour
earlier for lactancy (in this case, the employer has to absorb the cost).
2. Paid leave
in the following cases:
Death
of a spouse, parents or child: three days.
Marriage:
five days.
Two
days of paternal leave for childbirth.
In
Cases of sickness, the company must pay until the third day of illness
and from the fourth day on, the Social Security Institute pays two thirds
of the salary for a maximum of 26 weeks.
3. In case
of an accident, the company must pay until the third day after the accident
and from the fourth day on, the Social Security Institute pays two thirds
of the salary.
4. There is
a Social Security Program, available only in some states in the country
including Guatemala City, giving the affiliates the chance to receive a
pension in case of handicap and when reaching retirement age.
Christmas
Bonus: Employers must pay the equivalent of one month’s salary as Christmas
bonus “Aguinaldo” or the equivalent proportion for work periods of under
one year. 50% must be paid no later than December 15 and the other 50%
no later than January 30.
The bonus is
to be taken into account in calculating severance compensation for each
twelve month period of service or the equivalent proportion for shorter
periods.
Annual
Bonus: Every employee must receive an annual bonus equal to a month’s ordinary
wage, to be computed on the average wages earned by the worker in the year
ending in June. The bonus called “El Bono 14” is to be paid in the first
fortnight of July each year. The bonus is to be taken into account in calculating
severance compensation for each six months period of service or the equivalent
proportion for shorter periods.
Severance
Pay or Termination of Employment: Upon termination of employment without
just cause, the employee has the right to severance compensation equivalent
to:
One
month’s wage for each year worked, calculated on the basis of the average
of the previous six months.
An
annual bonus (proportionally).
A
Christmas bonus (proportionally).
Annual
vacations.
Justifiable
causes include, among others, to leave his/her job without just cause or
the boss’ authorization for two or more days in a row, act in an immoral
way, being intoxicated during work hours or engaging in political activities
in the work place.
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