The 3 Legal Shifts in Guatemala
The Constitution (Art. 102 g) and the Guatemala Labor Code (Decree 1441), Articles 116-117, establish three types of work shift with maximum limits:
| Shift | Daily max | Weekly max | Hours | Rest |
|---|---|---|---|---|
| Day | 8 hours | 44 hours | 6:00 to 18:00 | 1 hour lunch |
| Night | 6 hours | 36 hours | 18:00 to 6:00 | Variable |
| Mixed | 7 hours | 42 hours | Combines day + night | 30-60 min |
Same salary. All three shifts pay the full salary. Since the night shift works fewer hours, its effective hourly rate is 33% higher.
Day Shift (Constitution Art. 102 g; Labor Code Art. 116)
Limits: 8 hours/day, 44 hours/week (the Constitution counts the 44 hours as 48 for pay; the Code’s Art. 116 still says 48, lowered by the Constitution). Hours: between 6:00 and 18:00. Common in: offices, factories, retail, restaurants (day shift), construction.
Example: Monday-Friday 8:00-17:00 with 1 hour lunch = 8 hours worked/day × 5 = 40h. Saturday 8:00-12:00 = 4h. Weekly total: 44h, the legal cap.
Night Shift (Constitution Art. 102 g; Labor Code Art. 116)
Limits: 6 hours/day, 36 hours/week. Hours: between 18:00 and 6:00. Common in: security, hospitals, bakeries, 24h gas stations, hotels.
Why shorter? Night work has a greater health impact (sleep, circadian rhythm). The law shortens the shift to compensate, while keeping full salary.
Example: 20:00-2:00 shift (6h continuous) counts as a full shift. If extended to 20:00-4:00 (8h), the last 2 hours are overtime at 150%.
Mixed Shift (Labor Code Art. 117)
Limits: 7 hours/day, 42 hours/week. Definition: combines day hours (6:00-18:00) AND night hours (18:00-6:00) in the same shift.
Article 117 rule: if the shift includes 4 or more night hours, it’s considered a NIGHT SHIFT (6h limit).
Example: 14:00 to 21:00 shift (7 hours)
- 14:00-18:00 = 4 day hours
- 18:00-21:00 = 3 night hours
- Total: 4 day + 3 night = MIXED (legal, exactly 7h)
Example: 16:00 to 23:00 shift (7 hours)
- 16:00-18:00 = 2 day hours
- 18:00-23:00 = 5 night hours
- With 4 or more night hours (here 5), it’s treated as a NIGHT SHIFT
- Legal limit: 6h → this shift exceeds by 1 hour = overtime at 150%
Mandatory Rest Periods
Intra-shift rest (lunch) — Article 119
- Continuous shift: a minimum half-hour rest inside the shift that must be counted as effective working time (it is paid)
- Split shift (two or more periods): the article allows rest intervals between periods and does not require them to be counted as work
Weekly rest — Article 126
- 1 paid rest day after each week of work; the week counts as 5 to 6 days, according to the custom of the business or workplace (Art. 126)
- If you work your rest day, the hours worked are paid as overtime (1.5×) on top of that day’s wage, which a monthly salary already includes (Arts. 128-129). The Code does not say “double pay”.
National holidays — Article 127
11 paid public holidays:
- January 1 (New Year)
- Holy Thursday
- Good Friday
- Holy Saturday
- May 1 (Labor Day)
- June 30 (Army Day)
- September 15 (Independence)
- October 20 (Revolution of 1944)
- November 1 (All Saints')
- December 24 (half-day) + December 25 (Christmas)
- December 31 (half-day)
If you work a holiday, the same rule applies: the hours worked are paid as overtime on top of the holiday’s wage (Arts. 128-129).
What If I Exceed the Shift — OVERTIME
Any time worked above the legal shift is overtime (Article 121):
| Situation | Premium |
|---|---|
| Day overtime on a work day | +50% (1.5×) |
| Hours worked on the weekly rest day | +50% (1.5×), as overtime on top of the day’s wage (Arts. 128-129) |
| Hours worked on a national holiday | +50% (1.5×), as overtime on top of the day’s wage (Arts. 128-129) |
| Overtime on night shift | +50% over night-shift rate |
Calculate your exact overtime: Overtime Calculator
Article 122 limits:
- Maximum daily total: 12 hours of ordinary plus overtime work (8 regular + 4 overtime)
- Exceptions (same Art. 122): very qualified cases set by regulation, or an accident or imminent risk endangering people, facilities or crops
- Employers may not order overtime in work that is unhealthy or dangerous by nature (Art. 122)
Special Cases
Domestic service (Article 164)
NOT subject to a schedule or to the shift limits, and Articles 126-127 do not apply. Instead: a minimum absolute rest of 10 hours a day, at least 8 of them at night and continuous and 2 for meals, plus 6 additional paid rest hours on Sundays and holidays (Art. 164). In practice, 10-12 hour shifts are common in private homes.
Agricultural work (Article 138)
Shifts adapted to the nature of the work. May include extended midday rest (siesta) in hot zones. Pay by task or by day.
Minors (Articles 148-151)
- Under 14: work is prohibited (Art. 148 e), except where the Inspección General de Trabajo gives a written authorization in a case of qualified exception (Art. 150)
- 14 and older: capacity to sign their own work contract, no authorization needed (Art. 31)
- Shorter day shift (Art. 149): the Art. 116 day shift (8h/day, 48h/week) is cut by 1 hour a day and 6 a week for minors older than fourteen (a), and by 2 hours a day and 12 a week for those who are fourteen or younger, provided their work is authorized under Art. 150 (b)
- Night work and overtime prohibited for minors (Art. 148 c)
- Work in unhealthy or dangerous places, and daytime work in cantinas or similar places selling alcohol for immediate consumption, prohibited for minors (Art. 148 a and d)
- Details: can a teenager work in Guatemala
Professional drivers
May have specific limits via collective agreements, but legal cap remains 8h day / 6h night. In some cases, waiting time counts as worked.
Work Schedule in the Contract (Art. 29)
The individual employment contract MUST specify:
- Shift type (day / night / mixed)
- Start and end times (e.g. 8:00-17:00)
- Lunch or rest duration (e.g. 12:00-13:00)
- Weekly rest day (e.g. Sunday)
Changes to the schedule CANNOT be unilateral by the employer (Article 12). They require a written agreement with the worker, except in emergencies.
If the Employer Doesn’t Respect the Shift
- Document start and end times (timeclock photo, WhatsApp messages, biometric log)
- Calculate the overtime owed using the calculator
- Request in writing payment for overtime from the employer
- If refused, file a free complaint at MINTRAB:
- Line 1511 (MINTRAB complaints line; can be anonymous)
- General Labor Inspectorate (departmental offices)
- Lawsuit in Labor Court (with attorney, 5-year filing window)
Penalty for employer: 6 to 12 monthly minimum wages (~Q24,014-Q48,027 in 2026) under Art. 272 lit. c of the Labor Code, as reformed by Decreto 7-2017, covering preceptive provisions of Title III on working hours or rest days. If the Inspectorate frames it as unpaid wages, literal a) applies: 8 to 18 minimum wages (~Q32,018-Q72,041). Either way, plus retroactive payment of owed overtime.
Quick Conversion Table (2026 Minimum Wage)
Base non-agricultural CE1 salary = Q4,002.28/month. Calculation:
| Item | Day | Night | Mixed |
|---|---|---|---|
| Monthly base salary | Q4,002.28 | Q4,002.28 | Q4,002.28 |
| Legal monthly hours | 240 (8×30) | 180 (6×30) | 210 (7×30) |
| Ordinary hourly rate | Q16.68 | Q22.23 | Q19.06 |
| Overtime 1.5× | Q25.01 | Q33.35 | Q28.59 |
Hours worked on a rest day or holiday use the same 1.5× rate, paid on top of that day’s wage (already inside a monthly salary) — Arts. 128-129.
Related Topics
- Overtime Calculator — Auto-calculate 1.5× overtime, including worked rest days and holidays.
- Minimum Wage 2026 — Q4,002.28 + Q250 bonus.
- Employment Contract Format — Free Word template.
- Pay Stub Format — Mandatory monthly receipt.
- Bono 14 Calculator — July payment.
- Aguinaldo Calculator — December payment.
- Vacation Calculator — 15 days/year.
- Termination With/Without Cause — Your rights.
Legal Sources
- Constitution of Guatemala, Article 102 g — Shift limits 8h/44h day (44 paid as 48), 6h/36h night, 7h/42h mixed.
- Guatemala Labor Code (Decree 1441), Article 116 — Day and night shifts (its 48-hour week is superseded by the Constitution’s 44).
- Labor Code, Article 117 — Mixed shift; 4 or more night hours = night shift.
- Labor Code, Article 118 — Effective working time (includes work preparation).
- Labor Code, Article 119 — Intra-shift rest.
- Labor Code, Article 121 — Overtime premiums.
- Labor Code, Article 122 — 12-hour daily cap on ordinary plus overtime work, and its exceptions.
- Labor Code, Article 124 — Workers not subject to the shift limits (employer representatives, watch posts, etc.).
- Labor Code, Article 126 — Paid weekly rest.
- Labor Code, Article 127 — National holidays.
- Labor Code, Articles 128-129 — Work on a rest day or holiday: the time worked is paid as overtime, on top of that day’s wage.
- Labor Code, Article 164 — Domestic workers: no schedule or shift limits; 10 hours daily rest.
- Labor Code, Articles 148-151 — Minor labor.
- Full text: Labour Code (Decreto 1441) — CENADOJ consolidated text
This page offers general guidance. For specific cases consult a Guatemalan labor attorney or MINTRAB. Free advice: line 1511.
Frequently Asked Questions
What are the legal working hours in Guatemala?
The Constitution (Art. 102 g) and the Labor Code (Arts. 116-117) establish THREE shifts: (1) DAY — max 8 hours/day, 44 hours/week (paid as 48), between 6:00 and 18:00. (2) NIGHT — max 6 hours/day, 36 hours/week, between 18:00 and 6:00. (3) MIXED — max 7 hours/day, 42 hours/week, when it combines day and night hours (if 4 or more hours fall in the night period, it’s treated as a night shift, Art. 117).
What happens if I work more than the maximum shift?
Any time beyond the legal shift is OVERTIME and must be paid with a 50% premium over ordinary salary (Article 121). If you work your weekly rest day or a national holiday, the hours worked are paid as overtime on top of that day’s wage, which a monthly salary already includes (Articles 128-129) — the Code does not say double pay. Your employer CANNOT force you into overtime without agreement, and ordinary plus overtime hours cannot exceed 12 hours a day (Article 122).
Am I entitled to rest during the shift?
Yes. If you agree to a continuous shift, Article 119 gives you a minimum half-hour rest inside the shift, and that rest must be counted as effective working time (it is paid). You’re also entitled to 1 paid weekly rest day (Article 126) and the paid holidays of Article 127. If you work your rest day, the hours worked are paid as overtime on top of that day’s wage (Article 128).
Does the night shift pay more?
Not automatically — the base salary can be the same. BUT the night shift is SHORTER (6h vs 8h) for the same full salary, which means an hourly rate 33% higher than day shift. Additionally, many collective agreements and company policies pay a 10-25% night bonus. The Q250 incentive bonus (Decree 78-89) applies equally.
Does lunch time count as worked?
In a continuous shift, YES. Article 119 says that whenever a continuous ordinary shift is agreed, the worker is entitled to a minimum half-hour rest within it, which must be counted as effective working time. If the shift is split into two or more periods with a rest interval between them, the article does not require that interval to be counted as work.
Can I work 12 hours in a day?
Yes, but the 4 hours over the 8-hour shift are OVERTIME at 50% premium. Article 122 sets the cap: ordinary plus overtime hours cannot exceed 12 hours a day (8 regular + 4 overtime), except in very qualified cases set by regulation or an accident or imminent risk. Regularly working 16+ hours/day is illegal and reportable.
What's the difference between continuous and split shifts?
CONTINUOUS: the worker works all their hours straight through with a single intermediate break (lunch) — common in offices and factories. SPLIT: the worker works two shifts separated by a long pause (1-2+ hours) — common in restaurants (lunch shift + dinner shift). In split shifts, the total must respect the daily shift limits (Constitution Art. 102 g; Code Arts. 116-117).
What is the mixed shift and when does it apply?
It’s when a shift combines day hours (6:00-18:00) and night hours (18:00-6:00). LIMIT: max 7 hours/day, 42/week. KEY RULE (Art. 117): if the shift includes 4 or more night hours, it’s considered a NIGHT shift (6h max). Example: 14:00-21:00 = 7h, with 4 day hours (14-18) + 3 night hours (18-21) = mixed. But 16:00-23:00 = 7h with 2 day + 5 night → full night shift, max 6h.
Do minors have different work shifts?
Yes. Article 148 prohibits night work and overtime for minors, work in unhealthy or dangerous places, and the work of under-14s. Article 149 cuts the Art. 116 day shift (8 hours a day, 48 a week) by one hour a day and six a week for minors older than fourteen, and by two hours a day and twelve a week for those who are fourteen or younger when their work is authorized under Article 150. From fourteen, Article 31 gives minors capacity to contract their own work, with no authorization. Under-14s can work only with a written Inspección General de Trabajo authorization in a case of qualified exception (Art. 150).
