The labor union is in charge of drawing
It begins with the creation
of a union or ad hoc
committee.
At the time of disputes, a
conflict of a social economic
nature occurs.
Employers and workers will try to
resolve their differences through
direct settlement, for this purpose
the workers may create ad-hoc
committees composed of no more
than three members who will be in
charge of presenting their
complaints or requests to the
workers verbally or in writing.
Art 374 labor code
The direct settlement procedure is
detailed on the following page
up collective bargaining agreements
with the employer.
Art. 38 labor code
At the time of a dispute, a collective
conflict of a social and economic
nature arises.
The labor union negotiates a collective
bargaining agreement on working
conditions in order to regulate the
conditions under which the work is to
be performed and other related
matters.
Art, 49 of the labor code
The collective bargaining agreement on working
conditions is negotiated through the direct route
detailed on the following page
Art. 51 work code
DIRECT ARRANGEMENT

Employers and workers shall try to resolve their differences by means of the Master
Settlement with the sole intervention of the employers or any other amiable compositeur.

Councils or ad hoc Employers

They submit their Verbal or
committees No more than 3 (You cannot refuse to
requests written
employees . receive them)

Each time it is formed, it ARRANGE

Articles 374 , 375 and 376 of the Labor Code MENT
must inform the
Inspectorate. 5 days

The MINUTES are drawn up and

Reconciliation an authenticated copy is sent to
the inspectorate within 24 hours.
Subsequent to signing.

DIRECT ROUTE
What is being sought is the negotiation of a collective bargaining agreement on working
conditions.

They make the other

Covenant Project The discussion is held in
Union or party reach the other
the Direct Way, with the
party through an
employers intervention of an
administrative authority.

Minutes are drawn up

You have 30 days to
and a certified true copy ARRANGE exhaust this remedy
is sent to the
inspectorate within 24
hours of signing.
Reconciliation NO FIX

Article 51 Labor Code

Note: If these two ways of negotiation fail, either the direct way to negotiate collective
bargaining agreements by the union, or the direct settlement by the ad-hoc committee,
the next phase of the collective labor process is conciliation.
 Reconciliation
Conciliation Art. 377
The labor and social
security judge notifies the
parties, and forwards the
case file to
the supreme court of justice
to appoint the conciliation
tribunal that will
Upon receipt of the background
information, the Supreme Court of
Justice shall, within the following 12
hours, proceed to the formation of
the conciliation tribunal, which shall
be composed of the following
members:
I) One representative and three
alternates of the workers;
II) One representative and three
substitutes of the trustees;
III) The judge and secretary of the
labor and social welfare court in
charge of the solution of the
collective conflict Art. 382
Once the direct route has been exhausted
without having reached a common
agreement on the negotiation of a pact or a
collective bargaining agreement on working
conditions, and being able to prove this,
any of the parties may bring the social
economic conflict before a competent
The conciliation process is brought
before a labor and social security
judge, for the sole purpose of
considering the collective conflict to
have arisen and issuing the
precautions established by law, i.e.
that the parties do not retaliate against
each other.
Impediments and challenges may
be raised after the appointment of
the conciliation tribunal Art. 383
Once the impediments and recusals have
been resolved, the court must decide on the
following:
I) The court declares itself competent, once
the competence of the court has been
declared, the following may not be filed: a-
challenges, b- defenses of delay, c-
exceptions of delay, c- objections of delay,
d- objections of delay, e) the court declares
itself competent.
any;
II) summons the parties to appear for a
hearing, which shall be held within 36
hours, with priority to any other
proceedings; and
III) It shall summon the other party to
 On the day of the appearance, the court shall hear the
delegates separately, 2 hours in advance. In each
presentation, the workers' and employers' delegates shall set
forth their arguments and present their means of proof, which
shall be recorded in laconic minutes in which the most
important of each party's arguments are recorded. Art 385

Once the laconic act is completed, the court will formulate the
bases of a settlement in which the attitudes of the parties in the
conciliation process will be given, which may be:
I) That the parties accept the recommendations and an agreement
is reached whereby the dispute is terminated;
II) That the parties partially accept the recommendations and the
conciliation tribunal agrees to a second appearance to address the
points in dispute;
III) That the parties reject the recommendations of the court, in
which case the court may repeat the same procedure only once
within 48 hours, as previously established in Article 385 of the
Code of Civil Procedure.
Labor, Decree 1441 of the Congress of the Republic of Guatemala;
(IV) If the parties reject the recommendations, the conciliation
tribunal may terminate its proceedings;
V) The tribunal may propose to the parties to submit to voluntary
arbitration, if its recommendations are not accepted;
VI The conciliation process must not exceed 15 days from the date
on which the conciliation court declared itself competent to hear the
collective dispute of a social economic nature;
At the conclusion of the tribunal's proceedings, if the parties did not
accept the recommendations or did not submit their dispute to
voluntary arbitration, it shall send a report to the General Labor
Inspectorate, which must be signed by all members of the tribunal.
Arts : 386,387,389,390,391,393

If there is no agreement or commitment by the parties to go to

arbitration, the workers have 20 days to declare the strike legal.

Article 395 labor code

 DECLARATION OF LEGALITY OF THE STRIKE OR WORK STOPPAGE

If there was no settlement or Within 24 hours after the Any of the delegates may
commitment to go to Conciliation has failed. petition the Judge.
Arbitration .

To rule on the LEGALITY or

ILLEGALITY of the movement
ARTS 239,246,395.

Definitive The order is referred to the

The judge issues an AUTO a
pronouncement. Court of Appeals for Labor and
reserva.

The Secretary shall communicate Note: when a strike is declared illegal, illegitimate or de facto, the
the resolution by telegraphic means court will give 20 days during which the employer without any liability
to the: whatsoever may terminate the employment contracts of its
- Parts .
employees.
- PNC

The workers have a period of 20 days to declare the STRIKE QUALIFIED AS LEGAL, FROM THE TIME
THEY ARE NOTIFIED OF THE RULING OF THE CHAMBER. After this term has elapsed without having
declared it, they must resort to compulsory arbitration.

DECLARATION OF FAIRNESS OR UNFAIRNESS OF THE STRIKE OR WORK STOPPAGE

The JUSTICE or INJUSTICE

Either party may request the
Strike declared of the STRIKE ART.
JUDGE to rule 242,252,396

The judge may ask the parties for Such pronouncement must be
Note: if the strike is EVIDENCE, and if he/she considers it, a made within 15 days following the
technical-economic OPINION from the date on which it was requested.
declared unfair, the
Ministry of Labor, which must be
workers who have
rendered within 10 days.
been on strike will not
be entitled to wages
and those who have Strike Qualified .
been on strike will not
be entitled to double

The judge must take the

necessary measures to
guarantee and enforce the
payment of liabilities. ART 396
 Arbitration
Optional arbitration may take place when the
parties so agree after a strike or work stoppage
has been declared legal. Art. 397 labor code Or
compulsory arbitration in cases where 20 days
have elapsed without a strike breaking out, in
the cases provided for in article 243 of the code
(workers in harvesting, transportation, armed
forces, energy, etc.) or when the striking
workers do not constitute at least an absolute
majority of the total number of workers in an
enterprise.
Article 397 labor code
Subsequently, the impediments and excuses on
the part of the workers or the employer will be
received Article 400 of the labor code
Once the impediments have been resolved, the
arbitration tribunal shall declare itself
competent and shall render its decision within
fifteen days thereafter.
During this period no appeals will be accepted,
its orders or rulings Article 401 of the labor code
Within fifteen days of the arbitration tribunal
declaring itself to have jurisdiction until the award
is rendered, the tribunal shall hear the parties'
delegates in separate appearances or together and
shall question them on the points to be clarified.
Article 402 labor code
In elective arbitration, the parties submit
to the judge giving in writing the points
of conflict and agreements and designate
three representatives to represent each
party, in addition to indicating their place
to receive notifications.
In mandatory arbitration, the judge shall
summon the parties and draw up a
record containing the requirements listed
for elective arbitration.
Article 398 labor code
Subsequently, within 24 hours thereafter,
the arbitration tribunal will be formed,
consisting of one representative and three
alternates on behalf of the workers and
one representative and three alternates of
the employer, in addition to the local
labor and social security judge and the
secretary of the court.
Article 399 labor code
The award shall resolve separately the
petitions of law from those involving
economic or social claims that the law
imposes or determines and that are left to
the will of the parties in conflict. The causes
of the conflict and the recommendations
made by the court to prevent such conflicts
from recurring will be recorded.
Article 403 labor code
Appeal
The appeal shall be filed within
three days after the parties have
been notified of the ruling, and the
case files shall be submitted to the
labor and social security appeals
chamber, which shall issue a ruling
within seven days after receipt
thereof, unless any evidence is
ordered for better provision,
which must be provided within ten
days.
Article 404 Labor Code
The arbitration award is binding on the
parties for the term it determines,
which shall not be less than one year
Article 405 labor code
The party that refuses to comply with the
arbitration award shall be sanctioned with
a fine of five hundred to two thousand
quetzales in the case of employers and 25
to 100 quetzales in the case of workers.
Article 406 Labor Code
As long as the arbitration award has not
been complied with, collective disputes
cannot be raised on the matters that gave
rise to the lawsuit.
Article 407 commercial code
An authorized copy of any arbitration
award must be sent to the General Labor
Inspectorate.
Article 408 Labor Code
Rafael Landivar University, La Verapaz Campus
St. Peter Claver Campus, S.J.
Faculty of Legal and Social Sciences
Seventh Semester
Labor Procedural Law II
Licda. Maribel Tello

Collective Labor Process

Scheme

Byron H. Mendoza Gonzalez

Carnet # 1275205

San Juan Chamelco, Alta Verapaz, November 2, 2011