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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Except for the 6 weeks of compulsory leave, if the child is premature or has to be hospitalised after birth, leave can be taken after the end of hospitalisation. The employer shall determine the posts that present no risk to that effect. All women workers voluntarily performing services in return of remuneration from another person employerwho organises and directs the work.
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.
However, guatemalla new domestic workers legal framework is not yet enforce, and therefore the new provisions are not included in the current version of the database. The Ministry of Public Health and Social Assistance-MSPAS- The Institute of Social Security of Guatemala, and NGOs that have among their social goals to offer healthcare services and that have celebrated agreements with the Ministry of Public Health and Social Assistance have the duty to provide healthcare services during pregnancy, confinement guahemala the post-natal period without any discrimination.
In case the adaptation of the conditions of work or working time would not be possible or is not enough to prevent the risks that may negatively affect the health of the pregnant woman or the fetus, she should be transferred to another job compatible with her state, provided that those circumstances are certified by the doctor in the applicable social security scheme assigned to the worker.
It is forbidden to dismiss female workers during pregnancy or breastfeeding 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.
The worker shall be reinstalled in her job as repbliica as her condition allows it. If the child is premature or has to be hospitalised after birth, the mother or the father are entitled to be absent from work for one hour. The Royal Decree will be applicable as from January 1st, If the results of an assessment of the workplace reveals a possible risk for pregnancy or breastfeeding, the employer shall take the necessary measures to prevent the exposure to this risk, by adapting the conditions of work.
Labour Code Nursing facilities Every employer who employs more than 30 women must provide an adequate area for mothers to feed their children under three years of age without hazard, and in which to leave them whilst working, dle the supervision of an appropriate designated person paid for that task. During the suspension of the contract of employment, women are entitled to cash benefits from the social security system until the child reaches nine months maximum.
Where a woman is not entitled to Social Security benefits, the employer shall gyatemala the full cost. Name of Act Decree for a healthy maternity No. Guatemalan Social Security Institute. Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts. Not expressly provided neither for pregnant guahemala nor breastfeeding mothers.
Guatemala – Maternity protection – 2011
The Labour Code covers all workers in the private sectors. The employer reepblica not dismiss women workers during pregnancy or nursing, as they shall be immune from dismissal except for just causes stemming from a serious violation of the obligations laid down in their contract. The social security system including maternity benefits covers all the Spanish citizens normally exercising an activity in Spain, such as employees, including casual, seasonal and permanent workers, self-employed persons, students and civil servants.
On November 11th, it has been approved a Royal Decree regulating the special labour relation of domestic workers, aimed to renew and modernize the current legislation dfl for this category of workers. Eighty-four days Extension It is ckngreso provided extension of the maternity leave in case of multiple birth.
A woman worker can only take leave from work on presentation of a medical certificate stating that confinement will probably take place within the next five weeks.
It was not possible to obtain further details on these excluded categories. At the time this up-dating was done it was not possible to have access to any further regulation of this Institute regarding the payment of cash benefits for adoptive mothers. Presentation by the employee to the employer of a medical certificate that indicates decretl will take place within the 5 weeks following the signature of this certificate.
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. Labour Code Dangerous or unhealthy work It has not been provided any express legal provision in favor neither of pregnant workers nor breastfeeding mothers. This Royal Decree will address among others, issues on minimum wage rates, in kind allowances payments, extraordinary payments, daily rest period, etc.
Organic Law on the Guatemalan Social Security Institution Labour Code Qualifying conditions In order to be eligible for benefits a woman must have paid contributions for three months out of the six preceding prenatal leave, and she shall not not carry out any other paid work during the period of leave.
According to the website of the Institute of Social Security of Guatemala, there are still categories of workers not covered self-employed among them. The worker decerto as well take the accumulated time reduction entitlement as full working days in accordance with the terms laid down in a collective agreement or in an decrwto agreement based on the former.
The employer has the burden of proof in case of dismissal based on a serious breach of duties by the pregnant female employee or breastfeeding employee. Labour Code Burden of proof The employer has the burden of 9-20009 in case of dismissal based on a serious breach of duties by the pregnant female employee or breastfeeding employee. Nursing breaks shall be remunerated and calculated as time worked.
ce The Social Security covers employees. Labour Code Time off for medical examinations Not expressly provided. If the employer does not fulfilled the previous obligation and dismiss the female employee, she is entitled to claim from Labour Judges the reinstatement to her job. Therefore, as the law stands the obligation would appear to rest with the employer to pay this benefit, according to the Labour Code.
The labour Code however, applies to legal persons-enterprises of public nature. The female employee that adopts a child under 1 year of age, is entitled to “post-partum” leave. Except by a justified reason motivated on a serious fault regarding the duties of the female employee. The Nursing period shall not exceed 10 months unless more favorable provisions are repbblica for in a collective agreement or according to custom.
TRAVAIL legal databases
Mixed two-thirds social security, one-third employer. All workers are entitled to paternity leave decrwto benefits, whether employees or self-employees, whatever their sex, if affiliated in any social security scheme and have made the contributions required.
When the worker is entitled to social security benefits she will receive an amount in porpotion to her contributions.