Título II · Capítulo II Sección Novena. Trabajadores del Estado

State workers are at the service of the public administration and never of any political party, group, organization or person.

Relations between the State and its decentralized or autonomous entities and their workers are governed by the Civil Service Law, with the exception of those governed by laws or provisions specific to such entities.

Workers of the State or of its decentralized and autonomous entities who by law or by custom receive benefits exceeding those established in the Civil Service Law shall retain such treatment.

Workers of the State and its decentralized or autonomous entities who work by payroll shall be equated in wages, benefits and rights to the other workers of the State.

State workers, upon being dismissed without just cause, shall receive their compensation equivalent to one month's wage for each year of continuous services rendered. This right shall in no case exceed ten months' wage.

The decentralized entities of the State, which perform economic functions similar to those of private enterprises, shall be governed in their labor relations with the personnel in their service by the common labor laws, provided that other acquired rights are not impaired.

No person may hold more than one remunerated public employment or office, with the exception of those who provide services in teaching centers or assistance institutions and provided that there is compatibility in schedules.

Guatemalans have the right to apply for public employment or offices and for their granting only reasons based on merits of capacity, suitability and honesty shall be considered.

When a State worker who enjoys the retirement benefit returns to a public office, such retirement shall cease immediately, but upon termination of the new employment relationship, they have the right to opt for review of the respective file and to be granted the benefit derived from the time served and the last wage earned during the new office.

According to the possibilities of the State, the amounts assigned to retirements, pensions and montepíos shall be periodically reviewed.

Persons who enjoy retirement, pension or montepío from the State and autonomous and decentralized institutions have the right to receive free of charge full coverage of medical services from the Guatemalan Institute of Social Security.

The associations, groups and trade unions formed by State workers and its decentralized and autonomous entities may not participate in partisan political activities.

The right to strike of State workers and its decentralized and autonomous entities is recognized. This right may only be exercised in the manner prescribed by the law on the matter and in no case shall affect the provision of essential public services.

Workers of decentralized or autonomous entities who are not subject to deductions for the passive classes fund nor enjoy the corresponding benefits may join this regime and, in this case, the respective agency shall accept the request of the interested party and order the appropriate person to make the corresponding deductions.