The Guatemala Labor Code (Decree 14-41) establishes, in Article 116, three types of work shift with maximum limits:

ShiftDaily maxWeekly maxHoursRest
Day8 hours44 hours6:00 to 18:001 hour lunch
Night6 hours36 hours18:00 to 6:00Variable
Mixed7 hours42 hoursCombines day + night30-60 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:

  1. January 1 (New Year)
  2. Holy Thursday
  3. Good Friday
  4. Holy Saturday
  5. May 1 (Labor Day)
  6. June 30 (Army Day)
  7. September 15 (Independence)
  8. October 20 (Revolution of 1944)
  9. November 1 (All Saints')
  10. December 24 (half-day) + December 25 (Christmas)
  11. 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):

SituationPremium
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:

  1. Shift type (day / night / mixed)
  2. Start and end times (e.g. 8:00-17:00)
  3. Lunch or rest duration (e.g. 12:00-13:00)
  4. 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

  1. Document start and end times (timeclock photo, WhatsApp messages, biometric log)
  2. Calculate the overtime owed using the calculator
  3. Request in writing payment for overtime from the employer
  4. 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: up to 12-14 minimum wages per affected worker, plus retroactive payment of owed overtime.

Quick Conversion Table (2026 Minimum Wage)

Base non-agricultural CE1 salary = Q4,002.28/month. Calculation:

ItemDayNightMixed
Monthly base salaryQ4,002.28Q4,002.28Q4,002.28
Legal monthly hours240 (8×30)180 (6×30)210 (7×30)
Ordinary hourly rateQ16.68Q22.23Q19.06
Overtime 1.5×Q25.01Q33.35Q28.59
Overtime 2.0× (rest/holiday)Q33.35Q44.46Q38.12
  • Guatemala Labor Code (Decree 14-41), 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.

This page offers general guidance. For specific cases consult a Guatemalan labor attorney or MINTRAB. Free advice: line 1539.