Title Four, Chapter One ('Agricultural and livestock work') of the Labor Code (Decree 1441) governs farm workers. Article 138 defines them as the laborers, farmhands, day-wage workers, cattle hands, crew workers and similar workers who perform the regular, ordinary work of an agricultural or livestock enterprise. Article 140 requires written authorization from the General Labor Inspectorate to act as the employer's representative or as an intermediary. Under article 141, recruiters need a power of attorney from the employer, endorsed by the General Labor Inspectorate and renewed every year; they must also be paid a fixed salary, and the employer is prohibited from giving them additional bonuses or emoluments. Article 143 requires the Inspectorate to instruct farm workers to demand to see that power of attorney, and article 144 directs the Executive to regulate the chapter through Ministry of Labor and Social Welfare agreements. Article 145 gives agricultural workers the right to housing that meets the hygiene conditions set by health regulations, imposed gradually on employers who can afford it. Article 61, item l), requires employers to provide firewood for domestic use to farm workers living on the farm, when the farm produces more than the employer needs. On strikes: the foreword to the Ministry of Labor and Social Welfare edition (INCAP text) says Decree 18-2001 established 'the possibility of strikes for farm workers during the harvest season'. It names three cases in which a strike may not be held: transport workers while travelling; workers at clinics, hospitals and public hygiene and cleaning services, and at energy, lighting, telecommunications and water companies, as long as the staff needed to keep those services running has not been provided; and the State security forces.
Which special labor rules apply to farm workers, crews and harvest in Guatemala?
According to the cited documentsExporting farm products
Sources
Código de Trabajo Decreto 1441
Código de Trabajo Decreto 1441
