Major reforms regarding unions and collective bargaining
procedures: Major reforms will affect collective
bargaining processes, unions and strike action.
The key aspects are:
Employer anti-union conduct will
become a strict liability matter not requiring proof of intention
on the part of the employer. Fines for these breaches will be
Some employees currently not entitled
to bargain collectively will be able to do so.
No staff replacement is permitted
during a strike.
Employers will no longer be able to
extend the benefits of the collective agreements unilaterally (the
union and, in some cases, the employee's written consent will
Employees that join the union within
a certain period of the collective negotiation will automatically
be part of the collective process.
Unions will be entitled to receive
employer financial information periodically and the employer is
legally required to provide more detailed financial information
during the collective negotiation process.
For companies with a given percentage
union representation, unions and employees may negotiate Special
Conditions Agreements on matters such as workday, rest, among
The maximum term of each collective
agreement is reduced from four to three years.
Effective date: April 1, 2017
Take care to understand the
impact of the new rules on your company.
Make any document, policy or
process changes that may be necessary for compliance
Health and Safety
Changes to rules regarding the carrying of manual
loads: The Labor Code will be modified so as to prohibit
manually carrying loads over 25 kilos and for those under 18 years
and women they must not carry, move, load, pull or push loads over
Effective date : September, 2017
Action required:Where relevant
employers should implement measures to ensure compliance.
A new law permits a civil union agreement between people
of different or the same sex: The new law has involved
amending some articles of Labor Code, to reflect such civil unions
as they affect employers and participant employees.
Already in effect.
Action required:Become familiar
with the labour changes and consider any amendments that are needed
to your employment documentation and processes.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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The Board of Directors of the Social Security Institute of the Republic of Guatemala approved the Agreement Number 1390, which was published in the Official Newspaper on January 2nd, 2017; and came into force since January 10, 2017.
The daily minimum wage for general workers has increased from 73.04 Mexican pesos to 80.04.
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