Article 14 This Code and its provisions are legal norms of public order, and its provisions shall apply to all companies of all kinds that reside, exist or be established in Guatemala, as well as to all residents of the Republic, without distinction as to sex or nationality, with the exception of legal persons under public law referred to in article 2, paragraph 2. Normal daily weekly work is forty-five hours of actual work, which corresponds to forty-eight hours for the exclusive purpose of paying wages. This provision shall not apply to agricultural workers and livestock farmers, or to those in undertakings in which fewer than ten workers work, whose normal daily weekly work is forty-eight hours of actual work, unless this is more favourable to the worker. However, this exception should not be extended to holdings where five hundred or more workers work. An employee who is indirectly dismissed also has the right to sue his or her employer for payment of compensation and other legal benefits that may apply before the expiry of the limitation period. In addition, the executive body may, by an express agreement, establish joint minimum wage commissions for any intellectual, industrial, commercial, animal or agricultural activity having competence in all or part of the country; and also for certain enterprises which can be proven to operate in different economic departments or districts, and for a number of employees of at least one thousand, in this case the competence of the commissions is limited to the enterprise concerned. Article 120 Permanent workers who, by virtue of the law or in agreement with employers, work less than forty-eight hours per week are entitled to receive in full the wage corresponding to the normal daily week. Excuse me for helping me find out if you can pay Salary and Bonus Order 78-89 to a shareholder and legal representative of a corporation? If there are only those as employees. Article 7 The sale or introduction of intoxicating or anesthetic drinks or drugs, cockfights, gambling and prostitution are prohibited in work areas. It is understood that this prohibition is limited to a radius of three kilometers around any work center built outside the cities, since the latter is subject to the provisions of the respective laws and regulations. Similarly, for the purposes referred to in the preceding paragraph, if benefits in kind can be agreed by law and the relationship between these and the cash salary has not been determined, it must be assumed that it has been agreed to pay thirty per cent of the total salary in the form of benefits in kind. Marlene López, Executive Director of the Latin American Center for Competitiveness and Sustainable Development (CLACDS) of the IncaE, acknowledges that in terms of executive salaries, more and more is earned in the region in Guatemala and Panama.
It is understood that the above prohibition does not include the delivery of vouchers, tokens or other similar means of calculating salary, provided that the employer changes the exact value of either legal tender after the expiration of each payment period. Article 141 The employer`s representatives who recruit peasants must, in addition to the authorization provided for in the preceding article, require a power of attorney signed by him to carry out their activity. Article 239 A legal strike is the temporary suspension and cessation of work in an enterprise agreed, carried out and maintained peacefully by a group of three or more workers in accordance with the requirements set out in Article 241, for the sole purpose of improving or defending against their employer economic interests which are theirs and common to that group. Notwithstanding the foregoing, agricultural workers working on agricultural or animal holdings may earn up to thirty% of their wages. the total amount of their salary in foodstuffs and other similar articles intended for their direct personal consumption or that of their relatives who live economically on it and depend on it. if the employer delivers the delivery at cost or lower. This rule applies in the case of pre-trial detention, provided that it is followed by a reform order, an acquittal or if the employee obtains his release on bail, only if the offence for which he is being prosecuted is not due to having been committed against the employer, his relatives, his representatives or the interests of one or the other.