The Constitutional Court has declared as without merit the actions brought against the Regulations of Convention 175 of the International Labor Organization (ILO) on Part-Time Work issued through Government Agreement 89-2019 of the President of the Republic.
As a result, the Regulations on Part-time Work are now in effect, raising questions about part-time hiring including the following:
When can part-time hiring begin and how should this type of work be remunerated?
Part-time workers can be hired immediately since the Agreement and Regulations are fully in force. Regarding remuneration, payment must be made per hour worked and may not be less than the current hourly minimum wage, which is Q11.27 ($1.45) for agricultural activities and Q11.61 ($1.50) for non-agricultural activities. However, to such hourly sum must be added a monthly Incentive Bonus according to Decree 78-89, which may not be proportional.
How to formalize the part-time hiring; are changes be needed?
When hiring part-time employees, the employer must sign the corresponding employment contract and register it with the General Directorate of Labor within the 15-day period indicated by law. Internal Work Regulations and Policies must also be adapted to accommodate a labor system that includes part-time work.
How many hours qualify as part-time work? Is there overtime pay?
Part-time work requires fewer hours than the normal workday as established by shift ( (Day, Night, or Mixed), taking into account that any hour that is worked beyond the agreed time will be considered overtime and must be paid as such.
Can a full-time worker be transferred to part-time, and vice versa?
As long as the worker agrees to such change and his agreement is recorded, a full-time employee can move to part-time labor and vice versa provided also that the employer complies with the notices and requirements instituted by the legislation and labor authorities for this purpose.
What benefits and rights does a part-time worker have?
A part-time worker has the same rights and obligations as a full-time worker and is entitled to vacation pay, Christmas bonus, Bonus 14, incentive bonus, if any, and IGSS pay.
BLP’s Labor & Employment experts can assist you with the legal issues arising from part-time hires. For more information contact us at [email protected] or +502 2225 7000.