On July 15 of this year, the Constitutional Court of Guatemala issued a ruling regarding the constitutional challenges that had been raised against the Regulations for International Labour Organization (ILO) Convention 175 on Part-Time Work (Governmental Agreement 89-2019).
Since 2017, the Congress of the Republic of Guatemala had approved ILO Convention 175, which, in general terms, calls on member states to regulate part-time work and adopt measures to ensure that part-time workers receive the same protection enjoyed by full-time workers in terms of the right to unionize, occupational safety and health, and non-discrimination in employment matters.
In this context, and in compliance with the call from ILO Convention 175, Governmental Agreement 89-2019 was issued in 2019. In that same year, a series of constitutional challenges were filed against the Agreement [1], and the Constitutional Court provisionally suspended several phrases from all its articles. Finally, the Constitutional Court dismissed the challenges, thereby making part-time hiring a reality.
The regulation of part-time work in Guatemala can be summarized in the following points:
- It defines a part-time worker as one who provides services for a shorter period than the ordinary workday.
- The part-time contract must be documented in writing.
- Wages are paid on an hourly basis.
- Labor benefits can be determined proportionally.
- A transfer from a full-time to a part-time worker can be made, always with the consent of the worker. This transfer must be documented in writing and a notice must be sent to the competent authority.
Expedientes 4958-2019 y 5135-2019