How to Resign from a Job in Guatemala

Resigning is a unilateral right of the worker established in the Labor Code. You can terminate the contract at any time, as long as you give prior notice based on your seniority.

Unlike unjustified termination, resignation does NOT generate the right to severance. BUT you keep ALL other proportional labor benefits.

Notice Period Required by Law (Article 83)

The Labor Code establishes the minimum notice based on total time worked:

SeniorityMinimum notice
Less than 6 months1 week
6 months to 1 year10 days
1 to 5 years2 weeks
More than 5 years1 month

Important: Notice must be given in writing (resignation letter delivered to the employer with acknowledgment of receipt). Verbal doesn’t count.

Consequence of not giving notice: The employer can deduct from the finiquito the equivalent of salary for the notice period not given. Example: if you had 8 years of seniority and resigned same day, the employer can deduct 1 month of salary.

What You Keep and What You Lose When Resigning

What you KEEP (even when resigning):

BenefitLegal basisHow it’s calculated
Proportional AguinaldoLabor Code Art. 89Salary × (Dec-Nov months) / 12
Proportional Bono 14Decreto 42-92 Art. 2Salary × (Jul-Jun months) / 12
Vacation in cashLabor Code Art. 13715 × (months/12) days × daily rate
Salary for days workedLabor Code Art. 88Days × (salary/30)
Work certificateLabor Code Art. 87Official document

What you LOSE when resigning:

BenefitWhy
Severance (1 month per year)Art. 78 only applies to unjustified termination
Back wages (lawsuit)Doesn’t apply to voluntary resignation

Calculate your exact finiquito: Labor Benefits Calculator, Bono 14, Aguinaldo, Vacation.

Resignation Letter Format

A simple and professional resignation letter should include:

Guatemala, [date]

Mr./Mrs.
[Employer's full name or representative]
[Position - Manager/Director/etc.]
[Company name]
Present.

I hereby communicate to you my decision to submit
RESIGNATION from the position of [role/position] I have been
performing at this company since [hire date].

This resignation takes effect from [effective departure date,
calculated with the notice period per Art. 83 of the Labor Code].

I appreciate the opportunity to have worked at this company
during [time worked] and request that I be issued the
corresponding work certificate per Article 87 of the Labor Code.

Sincerely,

___________________________
[Full name]
[DPI or identification number]

Letter recommendations:

  1. Deliver 2 copies: one for the employer, another for the employer to sign and stamp as acknowledgment (your copy).
  2. Do NOT include reason for resignation. You’re not obligated to explain why you’re leaving.
  3. Be professional, even if your resignation is due to a bad experience. A bad letter can affect future references.
  4. Don’t sign anything else at the moment without carefully reading. If the employer offers a finiquito at the time of resignation, ask for 24-48 hours to review it.

Your Finiquito When Resigning — What It Must Include

When you finish working, the employer must deliver a finiquito (final payment) including:

  1. Salary for days effectively worked in the current month.
  2. Proportional Aguinaldo from December 1 to your last day.
  3. Proportional Bono 14 from July 1 to your last day.
  4. Accrued vacation in cash (days you didn’t take, valued).
  5. Work certificate (separate document, not part of the monetary finiquito).

Payment deadline: On the last day of work or within the following 30 calendar days. If the employer takes longer, file complaint at MINTRAB.

Before signing the finiquito:

  • Verify the calculations (use our calculators).
  • If the amounts seem low, do NOT sign. Request written explanation.
  • Once the finiquito is signed, you cannot sue afterward for the benefits included in it. One exception: if you can prove you signed under coercion.

When Not to Resign — Cases to Seek Advice

There are situations where resigning may NOT be your best option. Consult with a FREE labor advisor at MINTRAB before deciding:

  1. The employer pressures you to resign while failing obligations (not paying, harassing, changing conditions without your consent). This can be a constructive dismissal — and you should force formal dismissal to get severance.

  2. You’re pregnant or breastfeeding. You have special protection against dismissal (Articles 151-153). Voluntary resignation loses that protection.

  3. You have work-related health problems. Partial disability pension from IGSS may apply — voluntary resignation can affect your access to these benefits.

  4. You have an active union position. You enjoy immovability — the employer cannot dismiss you without court order. Resigning undoes this protection.

  5. The employer owes you pending wages. Make sure they pay you before leaving. Afterward it’s harder to collect.

‘Induced’ Resignation or Constructive Dismissal

If the employer pressures you to resign (yells, makes your life impossible, reduces your salary, transfers you to an inferior position), you can:

  1. Do NOT sign the resignation. Document in writing all employer actions.
  2. Demand formalization of dismissal. This forces them to notify you in writing per Art. 80.
  3. If you sign under coercion: you have 30 days to challenge the resignation as “forced” in Labor Tribunals, proving the pressure. If you win, you receive severance + back wages.
  • Labor Code of Guatemala (Decreto 14-41), Article 83 — Prior notice and resignation.
  • Labor Code, Article 84 — Causes by which the worker can resign with right to severance (special cases).
  • Labor Code, Article 87 — Mandatory work certificate.
  • Labor Code, Article 89 — Proportional Aguinaldo.
  • Labor Code, Article 137 — Proportional vacation in cash.
  • Decreto 42-92, Art. 2 — Proportional Bono 14.

This page offers general guidance on Guatemala labor legislation. For special situations (harassment, pressure to resign, pregnancy, union), consult a labor advisor at MINTRAB (free) or a lawyer.