Overtime and Break Laws in Guatemala (2026)
Código de Trabajo (Decreto 1441); Constitución Política art. 102 · Reviewed 2026-10 · Private-sector employees
Overtime
At least 1.5x for hours past the ordinary day (8 day, 7 mixed, 6 night) or week (44 day, 42 mixed, 36 night), or past a shorter agreed schedule.
Breaks and lunch
A continuous shift includes at least 30 minutes of rest, counted and paid as work time.
Overtime in Guatemala
- 1.5x pay for hours past 8 in a day.
- 1.5x pay for hours past 44 in a week.
- The Constitution caps the day week at 44 hours, paid as 48. The Code sets 45 effective hours paid as 48, or 48 for agricultural firms and firms under 10 workers.
- Non-hazardous work may run up to 2 more hours a day within the weekly limit.
- Ordinary plus overtime may not exceed 12 hours a day. No overtime in unhealthy or dangerous work.
- Excluded from hours limits: employer representatives, unsupervised staff, watch or presence-only posts, outside agents (max 12 hours a day).
Averaging over a pay period: Only within the week (up to 2 extra ordinary hours a day within the weekly limit)
What two weeks of work come to
Worked out by the rule above (1.5x after 44h in a week, 1.5x after 8h in a day). Hours.
| Two weeks of | Regular | Overtime (1.5x) |
|---|---|---|
| 5 days of 8 hours, two weeks (80h) | 80 | 0 |
| 5 days of 10 hours, two weeks (100h) | 80 | 20 |
| 6 days of 9 hours, two weeks (108h) | 88 | 20 |
| 50 hours, then 30 hours (80h) | 70 | 10 |
Breaks and lunch in Guatemala
- Meal break: 1 × 30 minutes, paid, on any shift.
| Shift | Rest breaks | Meal break |
|---|---|---|
| 4 hours | None | 1 × 30 min, paid |
| 6 hours | None | 1 × 30 min, paid |
| 8 hours | None | 1 × 30 min, paid |
| 10 hours | None | 1 × 30 min, paid |
| 12 hours | None | 1 × 30 min, paid |
- No hour threshold in the rule, modeled as afterHours 0.
- A split shift needs reasonable rest intervals, with no length set by law.
- One paid rest day after each week of work.
Pay by Guatemala rules in Kloqk
Kloqk is a free time clock. In Settings, open Payroll, press Rules by country and pick Guatemala: the overtime and break rules above fill in, and every timesheet, report and payroll export follows them. Change any number to match your own contract.
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Frequently asked questions
What is the overtime rule in Guatemala?
At least 1.5x for hours past the ordinary day (8 day, 7 mixed, 6 night) or week (44 day, 42 mixed, 36 night), or past a shorter agreed schedule.
Can overtime be averaged over two weeks or a pay period in Guatemala?
Only within the week (up to 2 extra ordinary hours a day within the weekly limit)
What breaks are required in Guatemala?
A continuous shift includes at least 30 minutes of rest, counted and paid as work time.