New arrivals – October 14, 2019
As part of our commitment to keep you informed and updated on legal issues and national interest, we inform you that on date the Constitutional Court issued the resolution within the unconstitutionality file within the accumulated files 4958-2019 and 5135-2019, through the which decrees the provisional suspension of certain articles (2 and 4) and some passages and literals of Government Agreement 89-2019 of the President of the Republic of Guatemala, which contains "Regulation of Convention 175 of the International Labor Organization (ILO), on part-time work ".
This means that, for the purposes of the previously detailed resolution, on the issue of part-time hiring, until the ruling is definitively declared unconstitutional, the contracts already signed will remain in force, but eventually they could be without legal basis. since this suspended regulation would no longer be part of the legal system of the country, for contradicting the constitutional principles, in other words, said regulation would lose its validity. What is considered by the ruling of the Constitutional Court establishes, in summary, that the payment that is less than the minimum wage, even if it is proportional, as established in said Government Agreement, is not applicable.
It is also important to point out that in what has not been suspended, Agreement 175 on Part-Time of the International Labor Organization and the agreement that develops the regulations remain in force, this in view of the fact that the Constitutional Court did not provisionally suspend the content of Article 3 of Said Government Agreement 89-2019, which establishes: "Every employer can hire their staff full or part time, respecting and complying with the provisions of the Labor Code and the related Agreement."
If any query arises or you want the information to be expanded, we remain at your service by email alopez@latinalliance.co.