How Many Vacation Days Am I Entitled To
Article 130 of the Labor Code establishes that every worker in Guatemala has the right to 15 working days of paid vacation for each year of continuous service. This means:
- Full year: 15 working days of vacation
- Less than a year: Proportional = 15 × (months worked / 12)
- Multiple accumulated years: Each year generates 15 additional days
“Working days” means workable days — Saturdays, Sundays, and national holidays don’t count. In practice, 15 working days equals approximately 3 full calendar weeks.
How Vacation Is Paid
During the vacation period, the worker receives full ordinary salary, the same as if working. NO extra bonus, NO deduction.
Article 134: “Vacation is paid with the ordinary salary earned in the month immediately prior to the start of vacation.”
This means:
- If your salary is Q5,000/month, you receive Q5,000 normally during the vacation month.
- If salary varies, the average of the prior month is used.
Cash Payment When Contract Ends (Article 137)
When the contract ends for any reason (resignation, dismissal, retirement) before the worker has taken accrued vacation, the employer must pay it in cash.
Calculation formula:
Daily rate = Monthly ordinary salary / 30
Vacation payment = Daily rate × Accrued days
Example: Worker with Q6,000 salary who resigns after 12 months without taking vacation:
- Daily rate: Q6,000 / 30 = Q200
- Accrued days: 15 × 12/12 = 15 days
- Vacation payment: Q200 × 15 = Q3,000
Case 2 — Resigns after 6 months:
- Daily rate: Q6,000 / 30 = Q200
- Accrued days: 15 × 6/12 = 7.5 days
- Vacation payment: Q200 × 7.5 = Q1,500
Important Rules About Vacation
Not negotiable. You can’t “sell” your vacation while the labor relationship is active. The law requires taking it (Article 136: within 60 days after completing the year).
Accumulates with limits. Although the law doesn’t set an absolute maximum, in practice employers require vacation to be taken within 1-2 years to avoid large labor liabilities. Larger accumulations may require written agreement.
Can’t be split into very short periods. Article 132 requires vacation to be one continuous period, except by mutual agreement to split into a maximum of two periods.
Can’t be substituted with additional work-off days. Some employers try to “pay” vacation with extra rest days. This is illegal — the law requires monetary payment and working days.
Accumulable at termination. Even if the worker resigns without cause, they retain the right to accrued proportional vacation in cash.
Difference Between Vacation and Asueto (Holiday)
| Aspect | Vacation | Asueto / Holiday |
|---|---|---|
| Legal basis | Labor Code Art. 130 | Labor Code Art. 127 |
| Origin | Accrued per year worked | Established by national law |
| Quantity | 15 working days per year | ~11 specific days per year |
| Timing | Employer and worker agree | Fixed national calendar |
| Pay | Ordinary salary | Double ordinary salary if worked |
Asuetos include: Jan 1, Holy Thursday & Friday, May 1, June 30, Sept 15, Oct 20, Nov 1, Dec 24 (half day), Dec 25, Dec 31 (half day).
IMPORTANT: If a day of your vacation period falls on a holiday, that day doesn’t count as a vacation working day — you receive BOTH the holiday AND an additional vacation day.
What to Do If Your Employer Denies or Doesn’t Pay Vacation
If your employer refuses to give you vacation or pay the correct amount at termination:
- Request in writing. Send a letter requesting vacation, with a copy signed and stamped by the employer.
- Go to MINTRAB — General Labor Inspection, central office or departmental sub-delegation.
- Anonymous line: 1539 (MINTRAB).
- Online: MINTRAB portal with DPI.
Documentation needed: labor contract, pay stubs, copy of DPI, exact dates worked.
Related Trámites
- Bono 14 Calculator — Mandatory annual benefit paid in July.
- Aguinaldo Calculator — Mandatory annual benefit paid in December/January.
- Severance Pay Calculation — Indemnification and other concepts at termination.
- Labor Complaint MINTRAB — How to file a complaint.
- RECIT MINTRAB — Individual employment contract registration.
Legal Sources
- Labor Code of Guatemala (Decreto 14-41), Article 130 — Right to 15 working days of vacation per year.
- Labor Code, Article 132 — Continuity and splitting of vacation period.
- Labor Code, Article 134 — Payment during vacation (ordinary salary).
- Labor Code, Article 136 — 60-day deadline to take vacation.
- Labor Code, Article 137 — Proportional cash payment when contract ends.
This page offers general guidance on Guatemala labor legislation. For specific cases (complex accumulations, labor suspensions, variable salary), consult a certified accountant or labor lawyer.