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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We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version. 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, under the supervision of an appropriate designated person paid for that task.

All workers are entitled to maternity leave cash 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 proportion to her contributions.

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. Labour Code Burden of proof 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. All workers are entitled to paternity leave cash congreeso, whether employees or self-employees, whatever their sex, if affiliated in any social security scheme and have made the contributions required.

Women workers are entitled to a break of one hour, which may be divided into two breaks to nurse their child until 9 months of age.

Ministery ckngreso Labour http: In case the adaptation of the conditions of work or working time would guatemaa 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 9–2009 security scheme assigned to the worker. 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.

  ISO 34001 PDF

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. There are not stipulated qualifying conditions to be entitled to paternity leave. Please re us if you have updated information. There has not been established qualifying conditions to be rpeblica to paternity paid leave.

One hundred percent The employer shall determine the posts that present no risk to that effect. Qualifying conditions Presentation by the female employee to the employer of all the documents or rulings certifying that adoption has had taken place.

Guatemala – Maternity protection – 2011

On November 11th, it has been approved a Royal Decree regulating dell special labour relation of domestic workers, aimed to renew and modernize the current legislation applying for this category of workers. The post the worker occupied has to be kept open for one year from the date that parental leave commences. It is not provided extension of the maternity leave in case of multiple birth. One hundred percent Financing of benefits The Guatemalan Social Security Institute covers two thirds of the basic salary and the employer covers the remaining third.

If after maternity leave the mother still needs medical care as a result of the birth of her child and she re unable to work, she will be in situation of temporary incapacity and entitled to sickness benefits from the health insurance scheme. The social security system repblifa 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.

The employer may not dismiss women workers during pregnancy or nursing, as they shall be immune from dismissal except for just causes stemming from ve serious violation of the obligations laid down in their contract. The labour Code however, applies to legal persons-enterprises of public nature.

It is forbidden cpngreso dismiss female workers during pregnancy or breastfeeding period. 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.

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

  LA 3121P PDF

The maternity protection provided by the Labour Code covers all women working in the private sectors. The Nursing period shall not exceed 10 months unless more favorable provisions are provided for in a collective agreement or according to custom.

The Labour Code covers all workers in the private sectors.

When the worker is entitled congrsso social security benefits she will receive an amount in porpotion to her contributions. Mixed two-thirds social security, one-third employer Parental leave benefits Not provided.

Labour Code Leave in case of illness or complications A woman worker may remain absent from fel 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 duration of the break will be increased proportionally in the event replbica multiple births. Labour Code Leave in case of sickness of the child Not provided. Where a woman is not entitled to Social Security benefits, the employer shall cover the full cost.


After one year, a post of the same professional group or category shall be reserved for the employee on parental leave. A woman worker can only take leave from work on presentation of a medical certificate congrso that confinement will probably take place within the next five weeks.

Presentation by the female employee to the employer of all the documents or rulings certifying that adoption has had taken place. Labour Code General Every employer has the duty to adopt all the necessary precautions to protect effectively the life, safety and health of lla workers.

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 re adoptive mothers. 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.

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