Libro I Título IV. Adolescentes trabajadores

For the purposes of this Law, adolescent workers means those who directly participate in an income-generating activity at the formal, informal or family level. Such work by adolescents shall be equitably remunerated and performed under conditions appropriate to their age, capacity, physical condition, intellectual development, consistent with their moral and cultural values, and shall not interfere with their school attendance.

For the purposes of this Law, formal-sector adolescent worker means a person over fourteen years of age who has as employer an individual or juridical employer, or who works for an enterprise in accordance with the rules of the Commercial Code; in both cases, by virtue of a direct relationship of subordination and dependence, within a determined schedule and subject to an individual employment contract.

For the purposes of this Law, an adolescent worker in the informal sector means a person over fourteen years of age who performs labor activities on his or her own account or for an employer that carries out commercial activities without being fully subject to the country's tax and commercial legislation, especially with regard to the register, seat, accounting, among other elements that characterize the formality of the merchant.

Any work by adolescents under fourteen years of age is prohibited, except for the exceptions established in the Labor Code, duly regulated.

The protection of adolescent workers shall be, in addition to the rules contained in this Law, that provided for in the Political Constitution of the Republic, the Labor Code and the treaties, agreements, pacts and other international instruments in this matter ratified by Guatemala.

Apprenticeship is considered the technical-professional training provided in accordance with the guidelines and bases of the education legislation in force.

Technical-professional training shall be governed by the following principles:

a)Guarantee of access and compulsory attendance to regular education.

b)Activity compatible with the development of adolescents.

c)Special schedule for the performance of the activities.

The apprentice adolescent over fourteen years of age is guaranteed labor and social welfare rights.

The adolescent with a disability is ensured protected work.

To the employed adolescent, apprentice, under a family work regime, technical school student, with assistance in a governmental or non-governmental entity, the following work is prohibited:

a)Night work, performed between twenty hours of one day and eight hours of the following day.

b)Dangerous, unhealthy or arduous.

c)Performed in premises prejudicial to their formation and to their physical, psychological, moral and social development.

d)Performed at times and in premises that do not allow them to attend school.

The social program that is based on educational work, under the responsibility of a governmental or non-governmental non-profit entity, shall ensure to the adolescent participating therein, training conditions for the performance of regular remunerated activity.

a)Educational work means the labor activity in which the pedagogical requirements relating to the personal and social development of the student prevail over the productive aspect.

b)The remuneration that the adolescent receives for the work performed or for participation in the sale of the products of their work does not distort the educational character.

The adolescent has the right to professionalization and to protection at work, observing the following aspects, among others:

a)Respect for the peculiar condition of a person in development.

b)Professional training appropriate to the labor market.

rehabilitation. If they were orphans or abandoned by