By: Alexandra Haeussler
On March 3, 2022, the Congress of the Republic approved Decree 10-2022, which contains the Law for the Promotion of Guatemalan Merchant Marine Work Abroad.
This Law will be applied in all those cases in which a Guatemalan person wishes to render his services outside the national territory, contracted in the country, on ships, public or private property, that are habitually dedicated to commercial activities that are owned or managed by a foreign individual or legal entity.
Likewise, the purpose of said law is to guarantee compliance with applicable Guatemalan labor legislation and international conventions ratified by Guatemala.
Will not be subject to this law:
- Artisanal or family fishing workers.
- People who work on ships, boats, speedboats for military or naval use, as well as in internal, national, and international state security tasks.
- People who work on sports or recreational boats.
Important facts:
1. The Ministry of Labor has, among others, the following obligations:
- Establish constant communication with the Ministry of National Defense and others to implement plans to protect the rights of Guatemalan workers.
- Register the recruitment or placement agencies.
- Create the detailed digital record of workers.
- Visit the headquarters of the person who represents the employer and the registered intermediaries, at least once a year.
2. Workers have, among others, the following obligations:
- Obey the instructions of the captain of the ship or boat.
- Submit to the required physical exams.
- Participate in the training that is established.
- Notify any public official or employee when they are subjected to harassment, discrimination, or violation of their working conditions.
3. Employers have, among others, the following obligations:
- Ensure that the workplace is safe and contains sanitary conditions.
- Cover all direct costs related to hiring a person of Guatemalan nationality.
- Establish in the contract the conditions of the work.
- Keep a record of the payments or the contracted seafarers.
- Respect the schedules contemplated for food and rest.
- Grant the worker a round trip transfer, bearing the costs of that transfer.
- Guarantee its worker unemployment compensation, for a minimum of two (2) months, after the vessel, ship, or vessel has ceased to operate.
- Provide and maintain lodging and facilities for all its workers on the ship and provided adequate places of recreation.
- Guarantee housing supply.
- Make insurance personally during the period that it lasts.
- Respect freedom of worship or religion.
4. For the Ministry of Labor to authorize work contracts for Guatemalans in this labor regime, the person who will act as an employer must comply with the following:
- Comply with Guatemalan legislation.
- Hire and maintain insurance that allows the return of each Guatemalan worker hired, as well as the payment of the corresponding benefits and compensation.
- Establish and maintain a representative in Guatemala with full authority to respond to requirements. This representative will be responsible for attending to all administrative and judicial requirements.
The foregoing will be recorded in a certificate that will be granted with a validity of 5 renewable years, and to avoid delays in its issuance, 90 days before expiration, the interested party may submit the corresponding documentation to the administrative authority. Once granted, the administrative process of renewal should not last more than 1 month from the date of receipt. In no way can the free circulation of ships and vessels be affected.
The Courts of Labor will always take into consideration the following alternative conflict resolution and the parties must exhaust before the judicial route, the alternative conflict resolution mechanisms such as conciliation or mediation before the General Labor Inspectorate or before the exclusive jurisdiction of courts.
This Decree will enter into force 2 months after its publication in the Official Gazette.