Ley Contra la Violencia Sexual, Explotación y Trata de Personas (Decreto número ). Congreso de la República de Guatemala. Con fecha 18 de febrero de el Congreso de la República de Guatemala, aprobó el Decreto , Ley Contra la Violencia Sexual. ; Congreso de la República de Guatemala, “Decreto Numero ,” “Mayas Tienen Grandes Valores y Rezagos,” Prensa Libre, August 9,
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The Social Security covers employees. If after maternity leave the mother still needs medical ocngreso as a result of the birth of her child and she is unable to work, she will be in situation of temporary incapacity and entitled to sickness benefits from the health insurance scheme.
Maternity cash benefits are provided to both biological mothers and adoptive mothers. Mixed two-thirds social security, one-third employer Parental leave benefits Not provided.
Guatemalan Social Security Institute. The Labour Code covers adoptive mothers working in the private sectors. The labour Code however, applies to legal persons-enterprises of public nature.
There have not been established legal provisions neither for pregnant workers nor breastfeeding mothers.
Not to perform overtime or the reduction of daily work may be considered as one of these measures. Not provided neither for pregnant workers nor breastfeeding mothers.
A woman worker may remain absent from her job for a longer period as a result of illness which is confirmed by repbllica medical certificate to have been caused by pregnancy or confinement, provided that this period does not exceed three months, counting from the point when leave was taken. Public servants are covered by the Statute of Public Service and vongreso Regulations. The suspension of the contract of employment due to the impossibility of transfer to another post of the pregnant women shall end: One hundred per cent of income for the period of leave 84 days for a biological child and 54 for adoptionwhen the worker is not entitled to Social Security benefits, and it is the employer who pays.
When the worker is entitled to social security benefits she will receive an amount in proportion to her contributions. Every employer has the duty to adopt all the necessary precautions to protect effectively the life, safety and health of all workers. They also have the right to reduce their working hours up to two hours a day with the proportional reduction of their remuneration. Nursing mothers may not be employed on work which involves a significant risk of contamination. The paternity benefits are incompatible with other sources of benefits for the same period as a result of the paternity leave for the birth, adoption or fostering of one child.
Presentation by the female employee to the employer of all the documents or rulings certifying that adoption has had taken place. Presentation by the employee to the employer of ee medical certificate that indicates confinement will take place within the 5 weeks following the signature of this certificate. The social security system including maternity benefits covers all the Spanish citizens normally exercising an activity in Spain, such as employees, including casual, seasonal and permanent workers, self-employed persons, students and civil servants.
The father is dexreto entitled to these breaks or to reduce his working hours by 30 minutes. Acuerdo Reglamento EMA. It is not clear whether this post-partum leave is the minimum period of 54 days stipulated for maternity leave after confinement or if it refers to 84 days which is the whole length of the maternity leave.
The Guatemalan Social Security Institute covers two thirds of the basic salary and the employer covers the remaining third. The right to maternity health care is recognized and shall enjoy the same rules that regulate health care. The Ministry guateemala Public Health and Social Assistance-MSPAS- The Institute of Social Security of Guatemala, and NGOs that have among their social goals to offer healthcare services and that have celebrated agreements with the Ministry of Public Health and Social Assistance have the duty to provide healthcare services during pregnancy, confinement and the post-natal period without any discrimination.
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All workers are entitled to paternity benefits from the first day of the initiation of the suspension of the contract, and its duration will correspond to the duration of the enjoyed rest period. Female workers are not expressly entitled to the right to return to the same work they were performing before taking their maternity leave.
The qualification conditions to be entitled to cash maternity benefits are determined both by the age of the worker and the length of its contribution to the general social security scheme.
A woman worker can only take leave from work on presentation of a medical certificate stating that confinement will probably take place within the next five weeks.
By agreement between employers and male workers, the suspension of the contract can be enjoyed by workers in full-time or part time with a minimum of 50 per cent of daily work performed. The presentation by the female employee to the employer of all documents that certified that the adoption has taken place.
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In order to be eligible for benefits a woman must have paid contributions for three months out of the six preceding prenatal leave, and she shall not not carry out any other paid work during the period of leave. Every employer who employs more than 30 women must provide an adequate area for mothers to feed their children under three years of age without hazard, and in which to leave them whilst working, under the supervision of an appropriate designated person paid for that task.
Mixed two-thirds social security, one-third employer The wording of the law is not explicit in its application to adoptive mothers as maternity leave can be 54 days post partom or 84 days total. Labour Code Organic Law on the Guatemalan Social Security Institution Qualifying conditions The presentation by the female employee to the employer of all documents that certified that the adoption has taken place.
Not to perform activities like the exposing to physical agents, such as ionising radiations or work in hyperbaric atmosphere, the exposing to biological agents such as toxoplasmatics, rubella virus, or chemicals agents such as carcinogenic and mutagenic substances, are included in the non-exhaustive list of prohibitions.
Any regulations, stipulations of collective agreements, individual contracts by an employer reblica against a worker by reason of age or discriminating either in his or her favour or against him or her in matters of employment, remuneration, hours of work or other conditions of employment by reason of sex or marital status are null and void within the Spanish State.
A contract of employment is suspended in the case of maternity and adoption. The Nursing period ee not exceed 10 months unless more favorable provisions are provided for in a collective agreement or according to custom.
Guatemala – Maternity protection – 2011
If transferring the worker to another post is not technically or objectively feasible, or cannot congrso be required on duly justified grounds, the law provides for the suspension of the employment contract. If the employer does not fulfilled the previous obligation and dismiss the female employee, she is entitled to claim from Labour Guateamla the reinstatement to her job. It is not prohibited. It is not mentioned in the Organic Law on the Guatemalan Social Security Institution, the payment of cash benefits for adoptive mothers.
After one year, a post of the same professional group or category shall be reserved for the employee on parental leave. The general total duration of maternity leave is 16 consecutive weeks. Labour Code Dangerous or unhealthy work It has not been provided any express legal provision in favor neither of pregnant workers nor breastfeeding mothers. On November 11th, it has been approved a Royal Decree regulating the special labour relation of domestic workers, aimed to renew and modernize the current legislation applying for this category of workers.