In accordance with Guatemalan legislation, the parties sign an employment contract in which the main rights and obligations are established, such as the start date of the employment relationship, the salary, the ordinary workday, the place of provision of services, the position held, the main functions and attributions that will be held in said position, the causes of termination of the employment contract, among others. [1]

Likewise, it is regulated that said employment contract obliges "not only to what is established in it, but also to: the observance of the obligations that the Labor Code or the benefits superior to those regulated in the Labor Code; and to the consequences derived from the contract itself according to good faith, equity, use and local customs or the law." [2]

In this regard, it is important to stop and analyze the concept of good faith, which, although it is not described in the law, we can define it in principle in accordance with what is indicated by the Dictionary of the Royal Spanish Academy, which stipulates: "1. Righteousness, honesty; 2. Criterion of conduct to which the honest behavior of the subjects of law must adapt; 3. In bilateral relations, behavior appropriate to the expectations of the other party."

Evidently, good faith in the employment relationship must be fullfiled by both the employer and the employee. Consequently, this principle also applies to protect both parties. Clear examples, among others, of this conduct are those established in relation to the fact that the employer cannot take reprisals against the workers to prevent them from fully or partially exercising their corresponding rights,[3] as well as that they must give the workers due consideration, refraining from verbal or physical abuse, [4] and in the case of employees, as examples we have the employee's obligation to observe good manners during work[5]; or provide the necessary assistance in the event of an accident or imminent risk in which the persons or interests of the employer or of a co-worker are in danger, without the right to additional remuneration.[6]

Different authors emphasize that the principle of good faith in the employment relationship entails the duty of loyalty or the duty of cooperation and mutual loyalty[7]. Likewise, good faith is linked to fidelity, and this should be greater to the extent that the greater the hierarchy that the employee has in the company, the greater the trust to which he earned[8].

Labor law is eminently protective of workers, as it is the economically weak party in an employment contract, however, it cannot be ignored that they have the obligation to act in good faith throughout the employment relationship, respecting the duty of loyalty and fidelity to his employer.

Article 77 of the Labor Code details the just causes for the termination of the employment contract due to faults committed by the workers, in which case they are not entitled to compensation for time served, and some of these causes implicitly include cases in which the employees have acted in bad faith, such as the case in which the worker, when entering into the contract, has misled the employer, pretending to have qualities, conditions or knowledge that he obviously does not possess, or presenting him with references or attestations personal whose falsity is later checked. Additionally, it should be considered that in this same Article 77 in literal k) it is established as just cause for dismissal when the worker incurs in any other serious breach of the obligations imposed by the contract. Therefore, since the Labor Code establishes that the employment contract also obliges the consequences derived from it according to good faith, it should be noted that any other act that implies a violation of the principle of good faith, and therefore lacks loyalty or fidelity of the employee towards the employer, is a serious breach of a contractual obligation and therefore constitutes just cause for dismissal.

Article 77 of the Labor Code details the just causes for the termination of the employment contract due to faults committed by the workers, in which case they are not entitled to compensation for time served, and some of these causes implicitly include cases in which the employees have acted in bad faith, such as the case in which the worker, when entering into the contract, has misled the employer, pretending to have qualities, conditions or knowledge that he obviously does not possess, or presenting him with references or attestations personal whose falsity is later checked. Additionally, it should be considered that in this same Article 77 in literal k) it is established as just cause for dismissal when the worker incurs in any other serious breach of the obligations imposed by the contract. Therefore, since the Labor Code establishes that the employment contract also obliges the consequences derived from it according to good faith, it should be noted that any other act that implies a violation of the principle of good faith, and therefore lacks loyalty or fidelity of the employee towards the employer, is a serious breach of a contractual obligation and therefore constitutes just cause for dismissal.