What Is Overtime in Guatemala
Overtime or extraordinary workday refers to effective hours worked that exceed the ordinary workday established in the Labor Code (Article 116):
- Daytime ordinary shift: 8 hours daily / 44 hours weekly
- Nighttime ordinary shift: 6 hours daily / 36 hours weekly
- Mixed ordinary shift: 7 hours daily / 42 hours weekly
Any hour worked above these limits is overtime and must be paid with a minimum 50% surcharge over the ordinary rate (Article 121).
Official Formula for Calculating Overtime
Hourly rate = Ordinary monthly salary / 240
Regular overtime (Art. 121) = Hourly rate × 1.5
Worked rest day/holiday (Arts. 128-129) = Hourly rate × 1.5, on top of that day's wage
The 240 comes from the convention: 30 days × 8 hours/day (standard daytime shift).
For other shifts:
- Nighttime: salary / (30 × 6) = salary / 180
- Mixed: salary / (30 × 7) = salary / 210
Practical Examples
Case 1 — Worker with Q6,000 salary, works 10 regular overtime hours:
- Hourly rate: Q6,000 / 240 = Q25
- Overtime rate: Q25 × 1.5 = Q37.50/hour
- Total: Q37.50 × 10 = Q375.00
Case 2 — Worker with Q4,500 salary, works 8 hours on Sunday (rest day):
- Hourly rate: Q4,500 / 240 = Q18.75
- Pay per hour worked on the rest day (as overtime): Q18.75 × 1.5 = Q28.13/hour
- Additional total: Q18.75 × 1.5 × 8 = Q225.00, on top of the monthly salary (which already covers the rest day)
Case 3 — Worker at 2026 minimum wage (Q4,002.28), 5 regular overtime hours:
- Hourly rate: Q4,002.28 / 240 = Q16.68
- Overtime rate: Q16.68 × 1.5 = Q25.01/hour
- Total: Q25.01 × 5 = Q125.07
Case 4 — September 15 holiday, Q8,000 worker works 4 hours:
- Hourly rate: Q8,000 / 240 = Q33.33
- Pay per hour worked on the holiday (as overtime): Q33.33 × 1.5 = Q50.00/hour
- Additional total: Q50.00 × 4 = Q200.00, on top of the monthly salary (which already covers the holiday)
When Each Rate Applies
Regular Rate (1.5×) — Article 121
Applies when the worker labors more than 8 hours in a daytime shift (or more than 6 in nighttime, or more than 7 in mixed). Example:
- Your normal schedule: Mon-Fri, 8am-5pm with lunch break (8 hours)
- Employer asks you to stay until 8pm one day
- The 3 additional hours (5pm-8pm) are regular overtime
- Paid at 1.5× your hourly rate
Worked Rest Day or Holiday — Articles 128-129
Applies when the worker labors on their weekly rest day (usually Sunday) or on a holiday (asueto). The Code does not say “double pay”: it requires that, on top of the wage for that day, the time worked be paid computed as overtime (Art. 128). A monthly or fortnightly salary already includes unworked rest days and holidays (Art. 129). Example:
- Your rest day is Sunday, but employer needs you to work
- ALL hours worked that Sunday are paid as overtime (1.5× the rate), from the first hour
- That payment comes on top of your monthly salary, which already covers Sunday as a rest day
National holidays in Guatemala (mandatory paid rest days):
- January 1 (New Year)
- Holy Thursday, Good Friday, Holy Saturday
- May 1 (Labor Day)
- June 30 (Army Day)
- September 15 (Independence)
- October 20 (1944 Revolution)
- November 1 (All Saints)
- December 24 (Christmas Eve, half day)
- December 25 (Christmas)
- December 31 (New Year’s Eve, half day)
- The day of the local patron festivity (Art. 127)
Maximum Overtime Hours Limit
Article 122 of the Labor Code prohibits working more than 12 hours total per day (ordinary shift + overtime). This means a maximum of:
- 4 overtime hours/day (over 8h daytime shift)
- 6 overtime hours/day (over 6h nighttime shift)
- 5 overtime hours/day (over 7h mixed shift)
If the employer forces you to work more: it’s illegal, but the hours MUST still be paid. Additionally, the employer faces fines and potential complaints at MINTRAB.
What Doesn’t Count for Overtime Calculation
The base salary for overtime is only ordinary monthly salary. NOT included:
- Q250 incentive bonus (Decreto 78-89)
- Bono 14 or Aguinaldo
- Extraordinary commissions
- Occasional gratifications
- Per diem and expense reimbursements
- Transport reimbursements
Note that this is not the base for every benefit: for the Code’s indemnities and benefits, Article 93 defines full salary as pay earned in ordinary and overtime hours, and severance uses the average of the last six months (Art. 82 lit. b).
What to Do If Your Employer Doesn’t Pay Overtime
Document hours worked. Keep timecards, WhatsApp messages from the employer asking you to stay, emails, witnesses.
Request payment in writing. Send a letter or email to the employer requesting overtime payment with calculation detail. Request acknowledgment of receipt.
File complaint at MINTRAB:
- General Labor Inspection (MINTRAB or departmental delegation)
- MINTRAB complaints line: 1511
- Online portal: with DPI
Employer sanctions:
- Fine of 6 to 12 monthly minimum wages (~Q24,014-Q48,027 in 2026) — Art. 272 lit. c of the Labor Code, as reformed by Decreto 7-2017, for preceptive provisions of Title III on working hours or rest days
- If the Inspectorate frames it as unpaid wages instead of an hours violation, literal a) applies: 8 to 18 monthly minimum wages (~Q32,018-Q72,041)
- Correcting the breach and saying so when you pay exonerates 50% of the fine (Art. 272 as reformed)
- Retroactive payment of owed hours
- Late interest
Hourly Rate by Salary (Quick Table)
| Monthly salary | Ordinary rate/hour | Overtime 1.5× | Worked rest day/holiday (1.5×, on top of the day’s wage) |
|---|---|---|---|
| Q 4,002.28 (non-agri minimum CE1) | Q 16.68 | Q 25.01 | Q 25.01 |
| Q 5,000 | Q 20.83 | Q 31.25 | Q 31.25 |
| Q 6,000 | Q 25.00 | Q 37.50 | Q 37.50 |
| Q 8,000 | Q 33.33 | Q 50.00 | Q 50.00 |
| Q 10,000 | Q 41.67 | Q 62.50 | Q 62.50 |
| Q 15,000 | Q 62.50 | Q 93.75 | Q 93.75 |
| Q 20,000 | Q 83.33 | Q 125.00 | Q 125.00 |
Related Trámites
- Bono 14 Calculator — Mandatory annual benefit in July.
- Aguinaldo Calculator — Mandatory annual benefit in December.
- Vacation Calculator — Days accrued and cash value.
- Minimum Wage Guatemala 2026 — Official table by sector and zone.
- Labor Complaint MINTRAB — How to file a complaint.
Legal Sources
- Constitution, Article 102 (g) and Labor Code (Decreto 1441), Articles 116-117 — Ordinary shifts (daytime 8h/44h, nighttime 6h/36h, mixed 7h/42h).
- Labor Code, Article 121 — Establishes the 50% minimum surcharge (1.5×) for overtime.
- Labor Code, Article 122 — Maximum limit of 12 hours per day.
- Labor Code, Articles 128-129 — Work on the weekly rest day or a holiday: time worked is paid as overtime, on top of that day’s wage.
- Labor Code, Article 164 — Domestic work is not subject to the workday limits; its own rest rules.
- Labor Code, Article 127 — List of mandatory paid national holidays.
- Full text: Labour Code (Decreto 1441) — CENADOJ consolidated text
This page offers general guidance on Guatemala labor legislation. For specific cases (complex mixed shifts, rotating shifts, special contracts), consult a certified accountant or labor lawyer.