The 3 Legal Shifts in Guatemala
The Guatemala Labor Code (Decree 1441) establishes, in Article 116, 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 (Article 116a)
Limits: 8 hours/day, 44 hours/week. 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 (Article 116b)
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 (Article 116c)
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 more than 4 night hours, it’s considered a FULL 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
- Since 5 night hours exceed 4, it’s treated as a FULL NIGHT SHIFT
- Legal limit: 6h → this shift exceeds by 1 hour = overtime at 150%
Mandatory Rest Periods
Intra-shift rest (lunch) — Article 119
- Common: 1 hour for an 8-hour shift
- Not counted as worked time (not paid) IF the worker can leave the workplace
- If the worker CANNOT leave, the time DOES count as worked (case law)
Weekly rest — Article 126
- 1 full paid day per 6 days worked
- Usually SUNDAY (general rule)
- If you work your rest day, it’s paid double (100% premium)
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, it’s paid double (same as weekly rest day).
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×) |
| Overtime on weekly rest day | +100% (2×) |
| Overtime on a national holiday | +100% (2×) |
| Overtime on night shift | +50% over night-shift rate |
Calculate your exact overtime: Overtime Calculator
Article 122 limits:
- Max 12 hours of overtime per week
- Maximum daily total: 12 hours (8 regular + 4 overtime)
- Exceptions (Art. 124): force majeure, prevent serious harm, accidents
Special Cases
Domestic service (Article 164)
NOT governed by the 8h shift. Limit: minimum 10 continuous hours of rest between shifts (8 for sleep + 2 for meals). 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: PROHIBITED from formal work
- 14-17 (with authorization): DAY shift max 7h/day, 42h/week
- Night work prohibited for under-18s
- Hazardous, unhealthy or morally objectionable work prohibited
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 1539 (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 |
| Overtime 2.0× (rest/holiday) | Q33.35 | Q44.46 | Q38.12 |
Related Topics
- Overtime Calculator — Auto-calculate 1.5× / 2× rates.
- 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
- Guatemala Labor Code (Decree 1441), Article 116 — The three shifts.
- Labor Code, Article 117 — Mixed-shift rule (4 night hours = full night).
- 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 hours/week overtime cap.
- Labor Code, Article 124 — Force majeure exceptions.
- Labor Code, Article 126 — Paid weekly rest.
- Labor Code, Article 127 — 11 national holidays.
- 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 1539.
Frequently Asked Questions
What are the legal working hours in Guatemala?
The Labor Code (Article 116) establishes THREE shifts: (1) DAY — max 8 hours/day, 44 hours/week, 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 night hours exceed 4, it’s treated as a full night shift).
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 on your weekly rest day (Sunday) or a national holiday, the premium is 100% (double). Your employer CANNOT force you into overtime without agreement, and you cannot work more than 12 hours of overtime per week (legal cap).
Am I entitled to rest during the shift?
Yes. Article 119 establishes a minimum intra-shift rest (lunch) that is NOT counted as worked time. Most common: 1 hour for an 8-hour shift. You’re also entitled to 1 paid weekly rest day (Article 126, usually Sunday) and 11 national holidays (Article 127). If you work on your rest day, it’s paid double.
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?
NOT in a continuous shift. The Code states that intra-shift rest (lunch) is NOT counted as work time and the employer is not required to pay it. EXCEPTION: if the worker CANNOT leave the workplace during lunch, that time DOES count as worked and must be paid (case law).
Can I work 12 hours in a day?
Yes, but the 4 hours over the 8-hour shift are OVERTIME at 50% premium. Limits from Article 122: max 12 hours of overtime PER WEEK. Maximum daily total: 12 hours (8 regular + 4 overtime), except under exceptional Article 124 cases (force majeure, prevent serious harm). 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, each block must respect the Article 116 limits.
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 more than 4 night hours, it’s considered a FULL 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 for minors under 18. For minors aged 14-17 (the only ones who can work formally, with authorization): max 7-hour day shift, 42 hours/week, prohibited in hazardous or unhealthy workplaces. Minors under 14 CANNOT be hired — child labor is reported to MP via 1546 and to the PGN.
