Constitution: Rules Organized By Public Authorities

Constitution: Rules organized by public authorities

Introduction

In the case of pregnant mothers, the employer cannot fire them due to pregnancy and must pay him according to the days before and after childbirth, he must also make his day for breastfeeding. This is extended in the Labor Code. The economically active population is people over 15 years old, this to avoid childhood or child exploitation. On the other hand, to those over 60 years of age, specific cases are considered to exercise their right. In addition, people with special abilities must be supported in any case.

Developing

You can give the special case that a Guatemalan and a foreigner work in the same space. In any case, the Guatemalan cannot win less than abroad. The preference for the Guatemalan must persist on the foreigner. The employer and the employer must agree on mandatory contracts and norms for the common benefit. There are several ways to break a contract. One of them is through the payment of compensation that consists of a month of salary for each year that the person worked. Another way is through death. 

If the worker died providing his services, the employer must pay a month of salary per year worked at relatives, if the incident is covered by Social Security, the employer is obliged to pay, if Social Security does not reach to cover that payment,The employer pays the difference. In any case, the Labor and Social Welfare Courts must intervene to resolve who will be the beneficiaries and the way of liquidating.

In other issues such as unfair dismissal, the employer must pay compensation, damages to the worker, this according to the work article.

A fundamental right is that workers can form unions. Therefore, they are immovable for their work for 60 days since notifying the General Labor Inspection by means. Consequently, the employer cannot say goodbye unless he has a court order. As for the functionality of the unions, the workers who form the union are permanent within it, can choose three representatives, no hiring forms are needed to admit members and must be Guatemalans of birth. 

conclusion

The exceptions cover from the substantiation of an ordinary labor trial to remove a worker member of the union to the actions that contradict international treaties and/or intersindical agreements. Within the economic and legal system, the right to social forecast must be guaranteed. This works through economic and social forecast institutions in order to provide loans either due to disability, retirement and/or survival. The idea is to support the worker when he needs it most. Finally, the Constitution recognizes the minimum social rights in international treaties and agreements for the worker.