Ley Contra la Violencia Sexual, Explotación y Trata de Personas (Decreto número ). Congreso de la República de Guatemala. Con fecha 18 de febrero de el Congreso de la República de Guatemala, aprobó el Decreto , Ley Contra la Violencia Sexual. ; Congreso de la República de Guatemala, “Decreto Numero ,” “Mayas Tienen Grandes Valores y Rezagos,” Prensa Libre, August 9,

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Employees not covered by the Institute of Social Security shall receive maternity cash benefits from their employers. Pregnant workers are entitled to remunerated time off for prenatal medical visits and for sessions on preparatory techniques for the birth, on condition that they justify the need to time off during working hours.

One hundred percent All women workers voluntarily performing services in return of remuneration from another person employerwho organises and directs the work.

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The Social Security covers employees. There is not express compulsory leave, however, the mother may accumulate the days not enjoyed of pre-natal leave to the post-natal leave period. A woman worker may remain absent from her job for a longer period as a result of illness which is confirmed by a medical certificate to have been caused by pregnancy or confinement, provided that this period does not exceed three months, counting from the point when leave was taken.

Nursing breaks shall be remunerated and calculated as time worked. In case of multiple birth, 2 weeks for each child after the second child.

Special doses for exposure to radiation are set for women on reproductive age and during pregnancy.

Female workers are not expressly entitled to the right to return to the same work they were performing before taking their maternity leave. She can be transferred to a post which does not correspond to her group or category, although she would keep the remuneration of her previous post.


It is unlawful to advertise a job in any form specifying gender, among other things, as a prerequisite to fill the post, except where the particular nature of the job requires a person with specific characteristics. Paternity leave benefits are provided in one payment by the Social Security System, without any possibility of co-financing or co-managing arrangement with private entities.

In the case of part-time workers, contibutions will be calculated according to the number of hours worked and by calculating their equivalence in theoritical contribution days. Domestic workers benefit from the special program of social security which have entitled them to healthcare benefits and maternity cash benefits.

The Nursing period shall not exceed 10 months unless more favorable provisions are provided for in a collective agreement or according to custom. Dismissal is null and void if it is based on any of the grounds of discrimination prohibited by the Constitution or the law and which violate fundamental rights and freedoms of the worker.

They may reduce their normal working hours by 30 minutes instead of taking the breaks. If after maternity leave the mother still needs medical care as a result of the birth of her child and she is unable to work, she will be in situation of temporary incapacity and entitled to sickness benefits from the health insurance scheme.

Mixed two-thirds social security, one-third employer 9-20009 leave benefits Not provided. If dw the worker to another post is not technically or conggeso feasible, or cannot reasonably be required on duly justified grounds, the law provides for the suspension of the employment contract.


The paternity benefits are incompatible with other sources of benefits for decretoo same period as a result of the paternity leave for the birth, adoption or fostering of one child. All workers are entitled to maternity benefits from the first day of initiation of maternity leave, and its duration will correspond to the duration of the enjoyed rest period.


Acuerdo Reglamento EMA.

International treaties, agreements or instruments ratified, subscribed or approved to the effect are applicable with respect to nationals from other countries. Labour Code Dangerous or unhealthy work It has not been provided any express legal provision in favor repnlica of pregnant workers nor breastfeeding mothers. After the legal grounds of suspension have ceased to exist, the worker is entitled to his or her reinstatement in the job.

Guatemala – Maternity protection – 2011

It is decrteo expressly provided as right neither for pregnant workers nor breastfeeding mothers the possibility to apply for part-time working hours. To be entitled to cash maternity benefits, employees should be affiliated dw the general social security scheme and have made contributions for days in the guahemala years preceding the date of birth, adoption or foster care.

There have not been established legal provisions neither for pregnant workers nor breastfeeding mothers. A contract of employment is suspended in the case of maternity and adoption. All workers are entitled to paternity benefits from the first day of the initiation of the suspension of the contract, and its duration will correspond to the duration of the enjoyed rest period.

Labour Code Protection from discriminatory dismissal It is forbidden to dismiss female workers during pregnancy or breastfeeding period. The worker shall be reinstalled in her job as soon as her condition allows it.