Question 1

What does a finiquito include in Guatemala?

Accepted Answer

A finiquito in Guatemala includes: severance pay (if applicable), proportional Christmas bonus (aguinaldo), proportional 14th month bonus (bono 14), unused vacation days, and any pending salary.

Question 2

How much is severance pay in Guatemala?

Accepted Answer

Severance pay is one month's salary per year worked (proportional for fractions). It only applies for unjustified termination, per Article 82 of the Labor Code.

Question 3

How is proportional aguinaldo calculated?

Accepted Answer

Proportional aguinaldo is calculated over the period from December 1 to November 30. Divide the monthly salary by 365 and multiply by days worked in the period.

Question 4

How are unused vacation days calculated in Guatemala?

Accepted Answer

Unused vacation is calculated by multiplying the daily salary (monthly salary ÷ 30) by the 15 pending working days. Every worker is entitled to 15 paid working days per year (Art. 130).

Question 5

What is constructive dismissal in Guatemala?

Accepted Answer

Constructive dismissal occurs when the employer breaches the contract (salary reduction without consent, unilateral changes to working conditions, hostile environment). The worker can claim full severance under Art. 79.

Question 6

How long does the employer have to pay the finiquito?

Accepted Answer

The Labor Code states payment must be immediate. In practice, the Ministry of Labor accepts a maximum of 20 days. If unpaid, you can file a complaint with the Labor Inspection Office.

Question 7

What happens if I resign voluntarily in Guatemala?

Accepted Answer

If you resign voluntarily, you are entitled to: proportional aguinaldo, proportional bono 14, and unused vacation. You are NOT entitled to severance or prior notice compensation.

Question 8

How is proportional bono 14 calculated?

Accepted Answer

Proportional bono 14 is calculated by dividing monthly salary by 365 and multiplying by days worked in the current period (July 1 to June 30). A full period equals one month salary.

Calculadora de Finiquito Guatemala - Benefícios e Liquidação