Guatemala severance (indemnización) calculator 2026
Indemnización is the severance usually owed when an employer ends the job without just cause, or when constructive dismissal (despido indirecto) is established. Under Guatemala’s Labor Code (Decree 1441), Article 82, the working estimate is one month of ordinary salary per year of continuous service, proportional for partial years.
At Q6,000/month, start 2024-03-01, end 2026-03-01 (~2.00 years), the calculator estimates Q12,000 Art. 82 severance and Q21,500 with vacation + aguinaldo + Bono 14 turned on.
This calculator estimates the Art. 82 item and a basic package. For the complete calculation by termination type (dismissal, resignation, or mutual agreement), with prior notice and pending salaries, use the Guatemala settlement calculator.
This page is informational. It does not replace HR, a labor attorney, the Ministry of Labor (Mintrab), or your signed finiquito. Commissions, variable pay, suspensions, garnishments, or written settlements can change the result. Verified for educational use: August 2026.
How indemnización is estimated
Severance ≈ Monthly ordinary salary × (days worked ÷ 365)
Practical rules:
- 1 month of salary per year of continuous service
- Pro-rate months and days (partial years count)
- Base = ordinary salary (not net take-home after IGSS/ISR)
- When pay varies, many settlements use the average of the last 6 months: enter that average here
Tenure examples (severance line only)
| Tenure | Monthly salary | Est. indemnización |
|---|---|---|
| 6 months | Q3,500 | ~Q1,750 |
| 1 year | Q5,000 | Q5,000 |
| 2 years | Q6,000 | Q12,000 |
| 3 years | Q5,000 | Q15,000 |
| 5 years | Q8,000 | Q40,000 |
| 10 years | Q10,000 | Q100,000 |
Use the live calculator with your start and end dates for day-level proportion.
Full package vs severance-only
Indemnización is one line. A full end-of-employment estimate often also includes:
| Component | Always? | Notes |
|---|---|---|
| Indemnización (Art. 82) | No | Only if the exit type creates the right |
| Proportional aguinaldo | Often yes | Period 1 Dec – 30 Nov |
| Proportional Bono 14 | Often yes | Period 1 Jul – 30 Jun |
| Unused vacation | Often yes | 15 working days/year reference in this tool |
| Notice (preaviso) | Conditional | If required notice was not given |
| Unpaid wages | Conditional | Days already worked |
Worked example: unjust dismissal (engine-style)
Inputs: Q6,000/month · start 2024-03-01 · end 2026-03-01 · vacation + aguinaldo + Bono 14 ON
| Line | Approx. amount |
|---|---|
| Indemnización (~2.00 years) | Q12,000.00 |
| Pending vacation | Q3,000.00 |
| Proportional aguinaldo | Q2,000.00 |
| Proportional Bono 14 | Q4,500.00 |
| Estimated total | Q21,500.00 |
Numbers follow the same formulas as the calculator on this page. Labels are educational, not a court award.
When severance usually applies
- Unjustified dismissal (no sufficient legal cause)
- Constructive dismissal / despido indirecto after serious employer breach
- Situations recognized by authority or a written settlement that grants it
When it usually does not apply
- Voluntary resignation
- Proven just-cause dismissal
- Job abandonment
- Mutual agreement unless severance is expressly negotiated
Compare resignation vs dismissal packages side by side: Resignation vs dismissal (Guatemala) · Real cases blog
Constructive dismissal (despido indirecto)
May arise when the employer, for example:
- Cuts pay without consent
- Unilaterally changes essential contract terms
- Creates a severe hostile environment
- Seriously breaches labor obligations
Document everything in writing before claiming you are constructively dismissed.
Common mistakes
- Adding Art. 82 severance to a voluntary resignation package
- Using net salary instead of ordinary gross
- Ignoring partial years
- Confusing severance with aguinaldo or Bono 14
- Signing a finiquito without a line-item breakdown
Checklist before you sign
- Confirm exit type (resignation, dismissal, mutual, constructive).
- Check ordinary salary base and exact tenure.
- Request itemized: indemnización, aguinaldo, Bono 14, vacation, notice.
- Re-run this calculator with the same dates.
- Keep copies of the finiquito, letter, and payslips.
Legal references (orientation)
- Labor Code, Decree 1441 (termination, indemnización, vacation, notice)
- Decree 76-78 (aguinaldo)
- Decree 42-92 (Bono 14)
- Ministry of Labor / Labor Inspection for administrative guidance
Related calculators
- Full liquidación Guatemala
- Finiquito Guatemala
- Resignation vs dismissal
- Aguinaldo
- Bono 14
- Vacation pay
- Net salary Guatemala
Related guides
- How to calculate severance pay in Guatemala (2026)
- Resignation vs dismissal: real cases
- Employment severance: Guatemala & Central America
FAQ
Official sources
- Guatemala Labor Code, Decree 1441: Article 82 sets severance at one month of ordinary salary per year worked (proportional for partial years).
Working estimate: one month of ordinary salary per year worked, pro-rated. Locked tool example: Q6,000 · 2024-03-01 → 2026-03-01 = Q12,000 indemnización and Q21,500 with vacation, aguinaldo, and Bono 14.
Usually no. You may still review proportional aguinaldo, Bono 14, and unused vacation, but not Art. 82 severance.
Labor benefits and severance often have special tax treatment different from ordinary wages. Confirm withholdings with a tax professional or HR for your case; this tool does not compute ISR.
When the employer seriously breaches the contract and the worker treats the relationship as ended. It may open a claim for severance and other benefits if the facts support it.
Ask for a written breakdown, keep evidence, and seek guidance from Mintrab / Labor Inspection or labor counsel.
No. Indemnización is one component. Liquidación/finiquito is the full settlement package at the end of employment.
Reference: about 5 months of salary. At Q8,000/month → ~Q40,000 indemnización, plus proportional benefits when they apply. Enter exact dates above.
Often the base is the ordinary average of recent months (commonly last 6). Average those ordinary earnings and enter that figure; confirm the exact average with HR or counsel.