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,

Author: Gardakinos Samuzuru
Country: Argentina
Language: English (Spanish)
Genre: Personal Growth
Published (Last): 6 June 2012
Pages: 415
PDF File Size: 15.97 Mb
ePub File Size: 18.41 Mb
ISBN: 985-8-58710-556-1
Downloads: 44261
Price: Free* [*Free Regsitration Required]
Uploader: Nigul

Name of Act Decree for a healthy maternity No.

Labour Code Overtime Not prohibited. Social Security System, which is financed by different sources: The general total duration of maternity leave is 16 consecutive weeks.

The worker shall be reinstalled in her job as soon as her condition allows it.

Not expressly provided neither for pregnant workers nor breastfeeding mothers. It was not possible to obtain further details on these excluded categories.


Labour Code Leave in case of sickness of the child Not provided. Labour Code Protection from discriminatory dismissal It is forbidden to dismiss female workers during pregnancy or breastfeeding period.

At the time this up-dating was congrseo it was not possible to have access to any further regulation of this Institute regarding the payment of cash benefits for adoptive mothers. They also have the right to reduce their working hours up to two hours a day with the proportional reduction of their remuneration. The employer may 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.

Spain-American, Portuguese, Brazilian, Andorran and Philippine are considered as Spanish citizens for the purposes of this law. It is unlawful to advertise a job in any form specifying gender, among other things, as a prerequisite to fill the post, except where the particular nature of the job requires a person with specific characteristics.

The Nursing period shall not exceed 10 months unless more favorable provisions are provided for in a collective agreement or according to custom.

Guatemala – Maternity protection – 2011

The employer shall obtain previous authorization from the Labour Judge and to prove the fairness of the reason to dismiss the female employee. Up to 3 years unpaid. Not provided neither for pregnant workers nor breastfeeding mothers. Domestic workers ls from the special program of social security which have entitled them to healthcare benefits and maternity cash benefits.


All workers are entitled to maternity benefits from the first day of initiation of maternity leave, and its duration will correspond to the duration of the enjoyed rest period.

It is not prohibited. If transferring the worker to another post is not technically or objectively feasible, or cannot reasonably be required on duly justified grounds, the law provides for the suspension of the employment guagemala. The presentation by the female employee to the employer of all documents that certified that the adoption has taken place. Not to perform activities like the exposing to physical agents, such as ionising radiations or work in hyperbaric atmosphere, the exposing to biological agents such as toxoplasmatics, rubella virus, or chemicals agents such as carcinogenic and mutagenic substances, are included in the non-exhaustive list of prohibitions.

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.

In case of multiple birth, 2 weeks for each child after the second child. The social security system including paternity 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. It has not been provided any express legal provision repbluca favor neither of pregnant workers nor breastfeeding mothers.

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. International treaties, agreements or instruments ratified, subscribed or approved to the effect are applicable with respect to nationals from other countries.

The labour Code however, applies to legal persons-enterprises of public nature. After one year, a post of the same professional group lq category shall be reserved for the employee on parental leave. After the legal grounds of suspension have ceased to exist, the worker is entitled to his or her repbllica in the job. Labour Code Leave in case of illness or complications A woman worker may de, absent from her job for a longer period as a result of illness which gjatemala 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.


Public servants are covered by the Statute of Public Service and its Regulations. The qualification conditions to be entitled to cash maternity benefits are determined both by the age of the worker and the length of its contribution to the general social security scheme. Seventy-five percent Financing of benefits Social Security System, which is financed by different sources: In cases of child birth, adoption or foster care, the worker is entitled to suspend his contract for four consecutive weeks, that congresoo be extended in the event of multiple childbirth, adoption or fostering in two days for each child after the second.

Mixed two-thirds social security, one-third employer The employer shall determine the posts that present no risk to that effect. 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.

TRAVAIL legal databases

The Ministry of Public Health and Social Assistance-MSPAS- The Institute of Social Security of Guatemala, deel 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 and the post-natal period without any discrimination.

Employees not covered by the Institute of Social Security shall receive maternity cash benefits from their employers. All women workers voluntarily performing services in return of remuneration from rwpblica person employerwho organises and directs the work. By agreement between employers and female workers, the suspension of the contract can be enjoyed in full-time congeeso part time.

Sixteen weeks Extension In case of multiple birth, 2 weeks for each child after the second child. Not to perform night work may be considered as one of these measures.