Labor law
We advise employers on everything labor: employment contracts, internal rulebook, benefits and severance calculation, payroll, IGSS, Labor Ministry inspections, properly executed dismissals and defense in Labor Court. We reduce labor liability and prevent lawsuits.
Common issues
A poorly-executed dismissal in Guatemala almost always triggers a labor claim with reinstatement or higher compensation. We structure cause, notice, severance and bulletproof release — and we can attend signing.
An ex-employee filed for wrongful dismissal, unpaid benefits, overtime or reinstatement. We take defense through conciliation and full trial if needed.
Severance (Art. 82), proportional Christmas bonus, proportional Bono 14, vacation, pending salary, incentive bonus. We calculate each item with legal basis and deliver the signed release form.
Without rulebook you can't sanction, dismiss for cause or enforce standards. We draft an internal rulebook tailored to your industry and register it at the Labor Ministry.
We review findings and respond. Many can be cured within deadline with reduced fines if acted upon quickly.
Scope
Not included
How we work
Review contracts, payroll, policies, IGSS reports, liability calculations. Within 5 business days we flag weaknesses.
Week 1Draft or update contracts, rulebook, policies by industry. Sign with staff.
Weeks 2–4Train HR/management on intake, exits, warnings, vacations. Leave a defined process.
Weeks 4–6Real-time advice on labor decisions, calculations, communications, IGSS/Ministry responses.
MonthlyReference fees
Indicative fees for common labor services. Adjusted to headcount and complexity.
Q350–Q900
By type (indefinite, fixed-term, project, technical service).
from Q4,500
Drafting + Labor Ministry registration.
from Q850
Benefits calculation + release drafting.
from Q2,200
Dismissal letter, calculation, release, signing support.
from Q8,000
Per case, to judgment. Stage fees available.
from Q6,500
Full review + liability map + action plan.
from Q2,500/mo
Up to 20 monthly consults + contract review + unlimited calculations.
Court costs and procedural fees paid separately in litigation.
FAQ
Article 82 of the Labor Code sets one month of salary per completed year of service, plus proportional fraction. Calculated on the average salary of the last 6 months (including commissions and incentive bonuses). In addition: proportional Christmas bonus, proportional Bono 14, pending vacation and incentive bonus (Q250 monthly).
Bono 14 is an annual bonus equivalent to one month of ordinary salary, payable in July. Regulated by Law of Bono 14 (Decree 42-92). Mandatory for private employers, in addition to Christmas bonus (Decree 76-78). Non-payment triggers fines and claims with interest.
Only with just cause listed in Article 77 (serious misconduct, dishonesty, violence, unjustified absences, etc.). Must be documented with evidence, formal notice and technical follow-up — without this, courts often rule for the employee even if cause existed.
Employment implies dependency (subordination, schedule, employer tools). Services contract is between independents (no subordination, with invoice). Disguising employment as services is common in Guatemala — labor courts unmask it with 'primacy of reality'. We advise on the proper figure.
Yes, from the first dependent employee. Employer quota is 12.67% of salary (6.67% IGSS + 6% IRTRA and INTECAP), plus 4.83% withheld from the employee. Omitting triggers fines, claims and arrears with interest.
Voluntary resignation has no severance, but includes: proportional Christmas bonus, proportional Bono 14, unused vacation and proportional incentive bonus. If they demand more, we calculate technically and sign release. If they persist, we defend in court.
When an employee resigns claiming the employer forced them via attributable cause (harmful function change, salary reduction, harassment, non-payment). Can be treated as wrongful dismissal with full severance plus reinstatement. Labor condition changes need counsel.
Yes, under the Telework Law (Decree 6-2023). Agreement must be voluntary, documented, with shift respect and connectivity/equipment cost allocation. We draft the contract amendment compliant with the law.
The Labor Code (Art. 121–124) regulates ordinary shifts (8h daily, 44h weekly daytime). Overtime is paid at 50% uplift (daytime) or 100% (night and rest days). Trust and executive employees may be excluded. Defined in contract and rulebook.
Often combined