On April 7, 2020, Ministerial Agreement 140-2020 of the Ministry of Labor and Social Provision (hereinafter the “Agreement”) was published in the Official Gazette, acknowledging that the state of Public Calamity due to the COVID-19 Pandemic constitutes a case of force majeure and creates the electronic procedure for the registration, control and authorization of total suspensions of labor agreements, that is, without payment of salaries.
- The Ministry of Labor will enable, in its web page, www.mintrabajo.gob.gt, the corresponding hyperlink in which the formal request will be registered, by means of the respective form as well as the necessary documents, which must be attached in completely legible PDF format.:
- Form filled out and signed by the employer or its legal representative, in case of a legal entity.
- It will include the name of the employees, purpose of the suspension, unique identification code, bank account number and/or mobile number, position or activity and the date of the suspension.
- Identification document of the employer or that of its legal representative, in case of a legal entity, as well as evidence of the legal representation.
- Registration number before the Guatemalan Social Security Institute, as well as the last paid and reported payroll, when applicable.
- Employers with less than three employees, must provide the name, unique identification code of the personal identification document and complete salary of its employees.
The original hard copies of the documents must be kept by the employer under its strict responsibility.
- The employer shall indicate whether it requests the registration of a total individual suspension or the authorization of a total collective suspension. In both cases, the facts underlying the suspension must be stated.
- The employer must demonstrate that it complies with the instructions of the corresponding authorities to prevent the spread of COVID-19.
- If the form or supporting documents have rectifiable deficiencies, the General Labor Inspectorate -GLI- will notify the employer electronically, setting a period of 2 working days to correct them.
- If there are no deficiencies to correct, the GLI will analyze the application and attached documentation, and within a period of no more than 5 business days will issue the authorization or denial, as appropriate, in the cases of work centers that are not prohibited from operating and will be notified electronically.
- Individual suspensions of labor agreements:
Employers and employees can voluntarily agree to suspend the labor agreement. This type of suspension must be reported to the GLI through the procedure established in this Agreement.
- Any request for collective suspension of labor agreements that has been submitted to the GLI prior to this Agreement must be initiated again and adhere to the electronic procedure.
- Those who have individually suspended labor agreements must register them in accordance with this procedure.
The procedure established by the Agreement is of an extraordinary nature, as an emergency measure, to attend to the effects produced by the state of calamity.
The staff of the General Labor Inspectorate may conduct visits to companies or work centers when the circumstances warrant it and may inspect and verify the reasons stated in the application for the suspension of labor agreements, as well as the veracity and legitimacy of the documents provided in the applications.