Due to the recent suspension of work decreed by the Government of Guatemala on 17 March 2020, according to Government Decree 05-2020, which will take effect from 17 March 2020 until 31 March 2020, concerns have arisen regarding the employment situation of workers. Therefore, we clarify, people, working in industries that are within the exception such as:

1. Pharmacies and related essential services, as well as the pharmaceutical industry, drugstores and companies engaged in the production of disinfectants and hygiene and health products.
2. Fuel and derivative outlets and their distributors.
3. Markets, supermarkets, grocery stores and neighborhood shops.
4. Restaurants with self-service, which may provide service only through a window.
5. Kitchens of restaurants with home service and companies that provide home service.
6. Hotels for accommodation and food in their guests' rooms.
7. Private security services companies and transport of valuables.
8. Banks and credit unions using special services or self-service.
9. Public or private garbage collection services.
10. Agro-food industry including food and beverage distribution centers.
11. Agricultural industry, agricultural harvesting work and agrochemical companies.
12. Industry dedicated to energy production.
13. Telecommunications companies, internet providers and the media specifically, radio, television, written media and cable companies.
14. Humanitarian transport.
15. Water supply and transport.

They must request the corresponding authorization in order to be able to continue their operations. In this  link, you will find the corresponding form.

With regard to persons who do not work within the exceptions, the great concern of the majority is whether the suspension of work decreed will have the effects of the total collective suspension provided for in our Labor Code in article 65 (d) or whether this suspension refers to a partial suspension. In the case of collective suspension, both parties to the contractual relationship cease to comply with their corresponding obligations, i.e. the employer stops paying the wages and the worker stops working. On the other hand, in the partial suspension, only the worker ceases to comply with his obligation, but it does not release the employer from compliance with his obligations, specifically with regards to the payment of salaries and the payment of employer and labor contributions to the Guatemalan Social Security Institute -IGSS-.

Up to this moment, the Ministry of Labor and Social Welfare has not made any pronouncement in order to clarify if the suspension decreed by the Government refers to a total or partial suspension. Therefore, it is important to wait for this body to publish or report on this situation in order not to make decisions or misinform collaborators about this issue.

As mitigation measures it is important that the employer evaluates if the activities that his company develops can be developed remotely so that i) it is in compliance with the provision of the government in relation to the suspension of work; ii) it complies with the provisions and obligations imposed by the Labor Code article 97 in relation to hygiene and safety at work and the Regulation of Health and Occupational Safety Decree 229-2014 and 33-2016; iii) it complies in the sense of watching over the health of the workers and not to expose them to unhealthy environments or as the present case to a possible contamination; and iv) that it complies with the payment of salaries since the activities of the entity would not be stopped and therefore wealth would be generated for the employers that would allow them to comply with their respective obligations.

As for compensation through holidays, we consider that, although it may be a viable option, we do not recommend it since it distorts the objective of holidays, which is that the worker can recover his strength and devote himself to leisure. We establish that the nature of the vacations is not fulfilled since the worker is limited by several factors to the free recreation since derived from the State of Calamity decreed, it is not feasible that he leaves his house.

We reiterate that it is important to wait for the official communication  from the Ministry of Labor regarding this situation before taking the corresponding actions. For the moment, we urge you to abide by the measures dictated by the central government and not to expose your workers to possible contagion with COVID-19.

If your entity is catalogued within the industries that will remain in operation, you must take into consideration that they must comply with hygiene measures and provide their workers with all the necessary inputs for their protection and safeguarding.

If you have any questions on this subject and for information updates, please do not hesitate to contact us.