Employment Contract Guatemala 2026: Free Word Template + 3 Contract Types (Labor Code Art. 18-29)

Download the Employment Contract Template (Word)

Free Word template with all 3 contract types (indefinite, fixed-term, project-based) and every mandatory clause of the Guatemala Labor Code. Just fill in the blanks and sign:

Legal note: This is a guidance template based on the Guatemalan Labor Code. For complex situations (regulated sectors, high-level management, international contractors) consult a Guatemalan labor attorney. Free MINTRAB advice is available by calling 1539.

What an Individual Employment Contract Is

Per Article 18 of the Labor Code, it’s the agreement by which one person (employee) commits to provide a service to another (employer), under continued dependence and direct supervision, in exchange for compensation (salary).

The three essential elements:

1. Dependence / subordination — the employer directs the work (schedule, instructions, location).
2. Continuity — the relationship is not sporadic or casual.
3. Salary — payment for the work performed.

If all three exist, IT IS an employment contract — even if the parties call it “professional services” or “fees”. The form of the contract does NOT alter its nature (Article 19).

The 3 Contract Types (Article 25)

1. Indefinite Term (the default)

No end date. The MOST COMMON and MOST PROTECTIVE type for the employee. If the contract does not specify another type, it is presumed indefinite.

• Covers most jobs (offices, factories, retail, restaurants, etc.)
• Ends by: resignation, dismissal (justified/unjustified) or mutual agreement
• Generates full severance rights in case of unjustified dismissal (1 month per year, Article 82)
• Accrues vacation, seniority, IGSS from day one

2. Fixed Term

Ends on a specified date stated in the contract (e.g. “from January 1 to June 30, 2026”). Only valid when:

• The work is naturally temporary (harvest, event)
• The employer needs to cover a vacancy due to leave, vacation, or absence
• It’s a project with a known end date

Caution: The employee has the same rights (Aguinaldo, Bono 14, pro-rated vacation). If the employee continues working past the end date without a new contract, it automatically becomes INDEFINITE. Some employers sign repeated 11-month contracts — but a labor judge can rule them indefinite if intent to evade benefits is detected.

3. Project-Based (Por Obra)

Ends when the specific project is completed. Common in:

• Construction (until the building is finished)
• Audits or consulting work with a defined deliverable
• One-off events (set up trade fair, run a conference)

Payment can be per unit of work (fixed price for the completed project) or daily/monthly during the duration. All statutory benefits accrue pro-rata.

Comparison Table — The 3 Contract Types

Mandatory Contract Clauses (Article 29)

A valid employment contract MUST contain these elements. If any is missing, the contract is still valid, but the employer commits a sanctioned infraction:

1. Identification of the parties

• Employer: full name, age, marital status, nationality, residence, NIT (tax ID)
• Employee: full name, age, marital status, nationality, residence, DPI (ID)

2. Work location

Address of the workplace, or if the employee moves around (e.g. field sales), the assigned zone or route.

3. Position description and duties

Detailed description of the work to be performed. “Operator” or “assistant” is not enough — list the actual duties.

4. Start date

Exact day the employment relationship begins. Important for calculating seniority, IGSS, probationary period.

5. Contract type

Indefinite, fixed-term (with end date) or project-based (with project description).

6. Work shift

Daily schedule, shift type (day/night/mixed), weekly rest day. Legal limits (Article 116):

• Day shift: max 8 hours/day, 44 hours/week, between 6:00 and 18:00
• Night shift: max 6 hours/day, 36 hours/week, between 18:00 and 6:00
• Mixed shift: max 7 hours/day, 42 hours/week

7. Salary

Monthly base amount, calculation method (monthly, daily, hourly, per unit), pay frequency (bi-weekly or monthly), pay location. Must include the Decree 78-89 incentive bonus (Q250/month) in addition to base salary.

8. Benefits (recommended)

Although the law guarantees them regardless of the contract, it is good practice to list: Aguinaldo, Bono 14, vacation, IGSS, severance.

9. Signatures

From both parties. If the employee cannot sign, right thumb fingerprint. The contract is signed in three identical copies: one for employer, one for employee, one filed with the General Directorate of Labor at MINTRAB.

Probationary Period (Article 81)

Maximum 2 months. During this period:

• Either party may terminate the contract without liability
• The employer pays NO severance
• The employee owes NO notice
• BUT: the employee IS entitled to pay for days worked, pro-rated vacation, pro-rated Aguinaldo, pro-rated Bono 14
• If the employer does not terminate by the end of the probation, the contract is consolidated automatically

The probationary period must be specified in writing in the contract. If not mentioned, it is understood there is NO probation and full severance rights apply from day one.

After Signing — What to Do

The employer must (Article 28):

1. Hand over a signed copy to the employee (same day as signing)
2. File a copy with MINTRAB — General Directorate of Labor, within 15 days
3. Register the employee with IGSS from day one
4. Keep their copy during the entire employment relationship and for 5 years after (for audits)

The employee must:

1. Keep their copy in a safe place (useful for everything: visa, bank, lawsuit, new job)
2. Verify IGSS enrollment online or at any branch (Article 102 mandates monthly reporting)
3. Request a signed pay stub for every pay period (legal proof of payment)

Common Mistakes That Make a Contract Disputable

1. No written contract — employer commits an infraction, but the employee keeps all rights (Art. 30)
2. “Professional fees” instead of salary — if there’s subordination and continuity, it’s an employment contract regardless of name
3. Repeated fixed-term contracts — a judge can rule the relationship indefinite if intent to evade benefits is detected
4. Probationary period over 2 months — anything beyond 2 months counts as regular employment with full rights
5. Salary below minimum — invalid (Art. 103). The 2026 minimum is Q4,002.28 + Q250 bonus = Q4,252.28 (non-agricultural CE1)
6. Excluding statutory benefits — void clause (Art. 12). The employee retains the right
7. Forgetting the Q250 incentive bonus — all formal workers receive it (Decree 78-89)
8. Missing signatures or fingerprint — contract is valid but hard to prove in court

Where to Get Free Advice

• MINTRAB phone line: 1539 (anonymous, free, Mon–Fri)
• MINTRAB headquarters: 7a Avenida 3-33, Zone 9, Guatemala City
• General Labor Inspectorate: offices in every departmental capital
• Human Rights Ombudsman (PDH): free guidance on labor rights
• Universities: free legal clinics (USAC, URL, UMG)

Related Topics

• Pay Stub Format — Mandatory monthly receipt (Art. 102).
• Work Shifts Guatemala — Day 8h, Night 6h, Mixed 7h.
• Minimum Wage 2026 — Q4,002.28 + Q250 bonus.
• Bono 14 Calculator — July payment.
• Aguinaldo Calculator — December payment.
• Vacation Calculator — 15 days/year.
• Overtime Calculator — 1.5x / 2x rates.
• Termination With/Without Cause — Grounds and severance.
• How to Resign in Guatemala — Notice by seniority.
• Employment Reference Letter — End-of-job letter.

Legal Sources

• Guatemala Labor Code (Decree 14-41), Article 18 — Contract definition.
• Labor Code, Article 19 — Form does not alter nature.
• Labor Code, Article 25 — Three contract types.
• Labor Code, Article 27 — Cases where a written contract is required.
• Labor Code, Article 28 — Three copies, MINTRAB filing.
• Labor Code, Article 29 — Mandatory contract data.
• Labor Code, Article 30 — Presumption of employment relationship.
• Labor Code, Article 81 — 2-month probationary period.
• Labor Code, Articles 116-122 — Work shifts and hours.
• Decree 78-89 — Q250 monthly incentive bonus.
• Government Decree 256-2025 — 2026 minimum wage.

This page offers general guidance on Guatemala’s labor laws. For your specific situation, consult a Guatemalan labor attorney or MINTRAB. MINTRAB advice is free (line 1539).