Título XI

It is prohibited:

1.To process employment applications in a manner different from those provided for in this law;

2.To suggest or require, in any questionnaire or form relating to personnel matters, information on the political, social or religious affiliation or opinion of an employment applicant, of a candidate already included in any list or of a public servant.

Any information allegedly provided by any interested person concerning the matters referred to in the preceding paragraph must be disregarded;

3.To permit, initiate, or exert pressure or discrimination, against or in favor of an employment applicant, of a candidate already included in any list, or of a public servant based on his or her race, color, sex, or political, social or religious affiliation or opinion;

4.It is also prohibited for any person to oppose the impartial application of this law or its regulations, in whatever manner this is done.

All actions or rights arising from this law or its regulations are subject to a limitation period of a maximum term of three months, with the exceptions or regulations established by the special regulation issued for that purpose.

The limitation period is interrupted only by the filing of the respective written petition before the National Civil Service Board or before the appropriate authority.

All violations by act or omission committed by any person against the provisions of this law or its regulations are misdemeanors, provided they are punishable with a fine pursuant to any of the following subsections:

1.When any prohibitory provision is violated, a fine of twenty to one hundred quetzales, suspension or removal in serious cases, must be imposed, upon prior hearing of the National Civil Service Board;

2.When any mandatory provision is violated, a fine of ten to fifty quetzales must be imposed, if in the opinion of the Labor and Social Welfare Tribunals the act or omission constitutes a misdemeanor.

It is understood that the Labor and Social Welfare Tribunals are the only competent authorities to impose sanctions for the commission of such misdemeanors and that when any of them is committed by a public servant covered by this law, upon prior hearing of the affected party their dismissal shall be ordered, when no judgment has been issued;

3.For purposes of misdemeanors and their criminal sanctions, the provisions of articles 269, 270, 271, 415 and following of the Labor Code shall govern, but the transcription of the respective judgment shall be forwarded to the National Civil Service Office for the corresponding effects.

State workers who, while in active service, move, without losing their employment relationship, to form part of the Exempt Services or Services without Competitive Examination, shall retain acquired rights in accordance with this law and its regulations.

The provisions of paragraphs 2, 4, 6 and 8 of Article 61 of this Law shall also apply to those who occupy positions in the Exempt Service.

Workers who appear on the payroll shall be governed by a special regulation, which must contain everything relating to their selection, rights, wages, working hours, discipline and other regular provisions. Said special regulation shall be prepared by the National Civil Service Office and approved by the National Board thereof.

In the event of the death of the public servant, the family has the right to payment of his funeral; and his minor children or children with physical impairment, his spouse and the parents who were dependent on him, to receive in total a sum equivalent to one month of wage for each year of continuous or discontinuous services. This right shall in no case exceed five months, which may be paid in monthly installments in accordance with the respective regulation.

The obligation of the State shall cease when the Guatemalan Institute of Social Security covers these benefits in an equal or greater amount, in the proportional part if it is partial.

This Law is not applicable to the members of the Army of Guatemala and to persons who receive salaries or wages from the National Defense branch.