Guatemala Employment Contract Types in RECIT 2026 (8 Categories + What Doesn't Register)

Summary: Guatemala’s RECIT system (MINTRAB) registers written labor contracts under the Labor Code (Decreto 1441); this guide groups them into eight categories: indefinite, fixed-term, project-based, apprenticeship, part-time, domestic, agricultural and foreign worker. Other contractual relationships (professional services, commercial commission, internships) do NOT register because they are not employment relationships. Choosing the wrong type exposes the employer to reclassification, fines and miscalculated severance payments. This guide helps you identify the correct type for any hiring scenario.

Why choosing the right type matters

The RECIT form starts by asking for the contract type. That choice is not trivial: it defines duration, termination causes, severance calculation and evidentiary regime in case of a lawsuit. The same worker may fall under any of the eight labor regimes, but only one matches the reality of the relationship.

What matters is not what the contract is called, but how it works in practice: Article 18 defines the employment contract, whatever it is called, by personal service under the employer’s continued dependence and direction, and Article 26 treats fixed-term and project contracts in a business of permanent activity as indefinite if the cause that gave rise to them persists at expiry.

That is why this exhaustive guide: not so you choose the type that suits you most as an employer, but so you choose the one the law obligates you to use according to the real nature of the labor relationship.

Labor contract types that DO register in RECIT

1. Indefinite-term individual employment contract (Art. 25)

Definition: Contract without a termination date. It is the default modality of the Labor Code: if the contract does not specify the type, it is presumed indefinite by operation of law.

When to use it: Almost always. Any permanent position, recurring, part of the normal operation of the business. Salesperson, secretary, in-house accountant, plant operator, manager, custodian. If the position will exist as long as the company exists, it is indefinite.

Mandatory clauses: Those of Article 29 of the Labor Code: names and personal details of the parties, start date, the services to be provided, place of work, duration (or that it is indefinite), working hours, salary and how, when and where it is paid, among others.

Common pitfalls:

• Trying to disguise it as fixed-term or “fees” to avoid paying benefits — Articles 18 and 26 look at the real relationship
• Misreading the probation period (maximum two months, Article 81): in indefinite-term contracts it applies by law even if not written down; only a shorter one can be agreed

2. Fixed-term contract (Art. 25-27)

Definition: Contract that specifies a termination date, or foresees an event — such as the end of a piece of work — that must end the relationship (Art. 25 b).

When to use it: Only when the nature of the work justifies it: replacing a person on maternity or IGSS leave, attending a specific peak season (Christmas retail campaign, agricultural sugarcane harvest), covering a specific project with a defined date.

Mandatory clauses: All those of Article 29 plus the exact termination date and the justified cause for the term (for example: “replacement of Ms. Juana Perez during her maternity leave from June 1 to November 30, 2026”).

Legal limits:

• In a business of permanent or continuous activity, a fixed-term contract counts as indefinite if the cause that gave rise to it persists at expiry (Art. 26)
• Article 26 requires the term to reflect the casual or temporary nature of the service
• Either party can end it early without just cause by paying the other damages, set by a labour inspector or the labour courts; if the employer ends it, the minimum is one day’s wage per month of continuous work, paid on termination (Art. 84)

Common pitfalls:

• Renewing it indefinitely to avoid benefits — the judge reclassifies it
• Omitting the termination date in the PDF and declaring it only in RECIT — the contract becomes indefinite by default

3. Project-based contract (Art. 25)

Definition: Contract in which the price of the worker’s services is set as a lump sum for the work, from start to finish, based on the result — the work done (Art. 25 c).

When to use it: Construction of a specific home, installation of a specific system, execution of an audit plan with defined deliverables, assembly of a fair or event. The work must be identifiable and have a clear end.

Mandatory clauses: Concrete and detailed description of the work. “Various construction works” is not valid: it must say “construction of the perimeter wall of the property located at 5a calle 12-34 zona 10, of 50 linear meters and 2.5 meters high, according to attached plan”.

Common pitfalls:

• Vague description (“masonry work”) — the contract becomes indefinite due to indeterminacy
• Using it for continuous personnel who rotate between projects — the reality is indefinite if there is continuity between projects of the same employer

4. Apprenticeship contract (Art. 170-174)

Definition: Special contract where a person learns a trade under the direction of an employer who is obligated to teach them. The main consideration is the training, not just the salary.

When to use it: Formal apprenticeship programs for technical trades: bakery, mechanics, carpentry, electricity, welding, tailoring.

Mandatory clauses:

• Duration and gradual progression of teaching (Article 171)
• Agreed pay, which may be below minimum wage (Art. 170), specified for each teaching stage or period (Art. 171)
• Final certification of the trade learned
• Fixed term: only the time the General Labor Inspection considers necessary, considering age, teaching and the nature of the work (Art. 171)

Common pitfalls:

• Using it as a cheap contract for ordinary positions — without a real training plan, it is illegal
• Not certifying at the end — if the employer refuses the certificate, the General Labor Inspectorate orders an aptitude exam at the apprentice’s request, and if the apprentice passes, the employer must issue it within 24 hours (Art. 172)

5. Part-time contract

Definition: Individual employment contract with reduced hours compared to the ordinary working day (less than 44 hours per week in day shift, 36 night, or 42 mixed — Constitution Art. 102 g; the 44 daytime hours are equivalent to 48 for pay purposes).

When to use it: Half-time personnel, weekends, reduced hours. Weekend waitress, external accountant who comes two mornings a week to the company but is on payroll, hourly teacher with a fixed schedule.

Mandatory clauses: Those of Article 29 plus the partial schedule expressed in hours and days.

Common pitfalls:

• Leaving the reduced schedule out of the contract — Article 29 g requires the working hours and times

6. Domestic / household worker contract (Art. 161-166)

Definition: Individual employment contract under special regime for persons providing domestic services in households: cleaning, cooking, care of children or elderly, household gardening.

When to use it: Every person hired for household services permanently, whether they live in the house (live-in) or not (live-out). Domestic work is not subject to working-hour limits, but Article 164 sets minimum rest periods.

Mandatory clauses:

• Specific tasks (no “whatever comes up”: cleaning, cooking, child care, laundry)
• Minimum daily rest of ten hours (eight continuous nighttime hours and two for meals), plus six additional paid rest hours on Sundays and holidays (Art. 164)
• If living in the house, lodging and food conditions as additional benefits
• Pay: unless otherwise agreed, it includes room and board in addition to the cash wage (Art. 162)

Common pitfalls:

• Not registering a signed written contract — a written domestic contract is registered in RECIT like any other (a verbal one is allowed under Art. 27 b)
• Enrolling in IGSS but not RECIT (these are two separate obligations: see IGSS Employer Registration)

7. Agricultural / field worker contract (Art. 138-145)

Definition: Individual employment contract under a special regime for field workers: agricultural laborers, sugarcane or coffee cutters, day laborers, cattle herders.

When to use it: Every hiring on a farm or agricultural operation. The agricultural minimum wage (lower than the non-agricultural one) applies, and agricultural workers have a right to housing that meets the health regulations (Art. 145).

Mandatory clauses:

• Type of agricultural work (coffee picking, cane cutting, milking, vegetable harvest)
• If by task, description of the task and how to measure it
• Housing: a right to hygienic housing, which MINTRAB imposes gradually on employers able to provide it (Art. 145)
• If seasonal (zafra), it applies as fixed-term with a clear date

Common pitfalls:

• Paying non-agricultural minimum wage for fear of fines — if it is genuinely agricultural, the agricultural rate applies without need to inflate
• Not registering temporary workers — temporality does not exempt from registration, it just changes the modality to fixed-term

8. Foreign worker contract

Definition: Individual employment contract between a Guatemalan employer and a foreign worker. The labor contract registers in RECIT; the foreigner’s right to work additionally requires a separate work permit.

When to use it: Every hiring of foreigners, whether multinational expatriates, independent professionals moving to payroll, or technicians hired by a local company.

Mandatory clauses: Those of Article 29. The foreigner also needs a work permit, a separate obligation.

Common pitfalls:

• Thinking that the work permit replaces RECIT — they are distinct obligations and both must be complied with

Contracts that do NOT register in RECIT

1. Professional services contract (Civil Code Art. 2027-2036)

What it is: Civil contract where an independent professional provides services without subordination. The professional issues an invoice for professional fees (small taxpayer regime or ISR on professional income), sets their schedule, assumes their expenses, has no imposed schedule or permanent supervision.

Why it does NOT register: Because it is not an employment contract. RECIT registers only labor relationships under the Labor Code (Decreto 1441). The professional services contract is governed by the Civil Code.

Legitimate cases: External lawyer of the company who invoices each month for advisory, public accountant who prepares financial statements and signs once a year, marketing consultant with defined projects, architect who draws specific plans.

Risk of misuse: If MINTRAB or a judge detects that the contract conceals a real labor relationship (fixed schedule, supervision, exclusivity, employer’s tools, daily supervision), Article 18 applies: an employment contract exists whatever it is called, with all the obligations of the Labor Code.

“False self-employed” red flags: clocks in, has assigned office, receives daily orders, works exclusively for a single company, uses corporate email, has fixed supervisor, vacations authorized by the employer.

2. Commercial commission contract (Commerce Code)

What it is: Commercial contract where a commercial agent (commission agent, representative) markets another’s products in exchange for a commission per sale. The agent is independent, assumes their own commercial risks, has no mandatory exclusivity.

Why it does NOT register: It is a commercial contract governed by the Commerce Code, not labor. The commission agent issues an invoice for their commissions; the principal does not pay them a salary.

Legitimate cases: Independent insurance agent, sales representative of a product line without exclusivity, real estate intermediary who charges commission upon closing.

Risk of misuse: Same as in professional services, if the “commission agent” has a fixed schedule, immediate supervisor, guaranteed base salary and mandatory exclusivity, they are a labor worker and reclassification applies.

3. Informal work without written contract (Art. 27)

What it is: Verbal labor relationship without a signed document. Article 27 of the Labor Code (CENADOJ text) allows a verbal contract in four cases: agricultural or livestock work, domestic service, casual or temporary work of no more than 60 days, and a specific job worth no more than one hundred quetzales, with delivery within 60 days if a delivery term is set. In those cases the employer must still give the worker a card or record showing the start date and agreed wage.

Why it does NOT register: Without a signed document by both parties, RECIT has no PDF to upload. The system requires the document as the basis of the registration.

Why it is high exposure: The labor relationship exists (with all the obligations of the Labor Code) but without documentary evidence. If the employer does not produce a written contract when labour authorities ask for it, the terms the worker states are presumed true unless proven otherwise (Art. 30).

Recommendation: Even in cases where the law allows verbal, draft and sign a written contract. The cost of paper is zero and the evidentiary benefit is enormous.

4. Unpaid university internships

What they are: Periods of academic practice that a student performs as a graduation requirement in a company, without direct economic consideration. They are governed by the university regulations and agreement with the company, not by the Labor Code.

Why they do NOT register: There is no labor relationship because there is no salary or subordination in the strict sense. The student reports to their academic tutor, not to a labor boss.

Red flags: If the “internship” lasts beyond the academic period, if the student performs regular operational tasks and not learning tasks, if they receive payment even under the concept of “travel expenses”, it is reclassified as an apprenticeship or indefinite contract and must be registered in RECIT.

Comparison table of the 8 types that register in RECIT

How to choose the right type in the RECIT form

A quick guide to get it right on the first try:

1. Will the position exist as long as the company exists? Yes → indefinite. No → continue.
2. Is there an exact known termination date today? Yes → fixed-term. No → continue.
3. Does the work end when something specific is completed? Yes → project-based. No → continue.
4. Is the worker an apprentice with a documented training plan? Yes → apprenticeship. No → review case by case.
5. Is it a foreigner with a valid work permit? Yes → register the real subtype (indefinite, fixed-term or project-based) and declare the nationality.
6. Is it a household worker or field worker? Yes → apply the special-regime rules (Art. 161-166 or 138-145).
7. Is the workweek less than 44/36/42 hours (Constitution Art. 102 g)? Yes → declare part-time hours within the corresponding type.

If you doubt between two types, it always pays to choose indefinite. It is the most protective regime for the worker and the least risky for the employer in case of judicial reclassification.

What happens if I choose the wrong type

Three main scenarios:

Scenario 1: Declared fixed-term, actually indefinite. Upon dismissal, the employer believes that waiting for expiration is enough. The worker sues. Under Article 26, if the business is permanent and the cause persists, the contract counts as indefinite, with the severance rules of an indefinite contract.

Scenario 2: Declared professional services, actually a labor relationship. The “consultant” sues. Under Article 18 the relationship is an employment contract whatever it was called, with every obligation of the Labor Code from the start.

Scenario 3: Declared indefinite, actually project-based. The employer believes they must dismiss with severance at the end of the project. Articles 25-26 do not establish retroactive conversion through an addendum. The contract type depends on the nature of the work; this filing should not be treated as eliminating severance rights.

The practical lesson: it is much cheaper to declare correctly from day one than to correct later. If you have doubts, consult with a labor lawyer before uploading the contract to RECIT.

Related procedures

• RECIT MINTRAB — Electronic Registry of Employment Contracts — parent page with the full procedure
• Guatemala Employment Contract Template (Word download) — templates by type
• Work Permit for Foreigners — prior step if hiring foreigners
• IGSS Employer Registration — mandatory before hiring
• Severance Calculation — for settlements
• Electronic Labor Solvency Certificate MINTRAB
• Electronic Salary Book MINTRAB — mandatory if you have 10+ workers
• Pay Stub — format and template — proof of salary
• Employment Certificate — at end of relationship
• MINTRAB Hub Guatemala — all Labor and Social Security procedures

Official links

• RECIT — Online portal
• MINTRAB — Main site
• MINTRAB — Services for employers (RECIT, Libro de Salarios, RERIT)
• Labor Code Decreto 1441 (full text)
• Ministerial Agreement 324-2019 (RECIT Regulations)
• ILO Convention 189 — domestic work
• MINTRAB — Services for employers (Libro de Salarios, employment-contract registry)