34. Article 116 of the Constitution of Guatemala regulates the right to strike of State workers,
establishing the following:
Article 116. Regulation of strikes for State workers. Associations, groups, and unions formed by workers
of the State and its decentralized and autonomous entities, may not participate in partisan political
activities.
The right to strike of workers of the State and its decentralized and autonomous entities is recognized.
This right may only be exercised in the manner provided for in the relevant laws and in no case may it
affect the provision of essential public services. 24
A.2. Law on Unionization and Strike Regulations for State Employees, Decree
No. 71-86
35. This law is the main instrument for the regulation of collective disputes in the public sector.
The articles applicable to this case are transcribed below in their current wording at the time of
the facts.
Article 4. Procedures
In order to exercise the right to strike, employees of the State and its autonomous and decentralized
entities shall observe the procedures established in the Labor Code, Decree 1441 of the Congress of
the Republic, as applicable, and the following provisions:
a) The direct procedure shall be mandatory for the conciliatory negotiation of collective agreements
or settlements on working conditions, always taking into account for their solution the legal
provisions of the General Budget of Income and Expenditures of the State and, if applicable, that
of the decentralized and autonomous entities in question. Said procedure shall be deemed to be
exhausted if, within thirty days of the filing of the request by the interested party, no agreement
has been reached, unless the parties agree to extend said term.
b) Workers may resort to strike action only for claims of an economic or social nature, after exhausting
the direct procedure and complying with the requirements established by law.
c) No strike may take place when it is intended to affect the essential services referred to in Article
243 of the Labor Code, Decree 1441 of the Congress of the Republic and others established by law,
as well as those ordered by the Executive in compliance with the Public Order Law;
d) Strikes motivated by inter-union solidarity or by interests unrelated to economic-social demands
are strictly prohibited; and
e) Workers and civil servants who have participated in a strike, whether de facto or declared illegal
by the competent Labor and Social Welfare courts, shall be subject to the sanctions established in
Article 244 of the Labor Code, Decree 1441 of the Congress of the Republic, without prejudice to
any criminal and civil liabilities they may have incurred.
Article 6. Jurisdiction and Competence
The Labor and Social Welfare Courts of the economic zone where the workers have their main center
of operations or workplace are competent to hear collective disputes of an economic or social nature
that arise between workers of the State, and the State and its decentralized and autonomous entities.
In the event of a dispute involving workers of the Judiciary, the Labor and Social Welfare Appeals Court
shall hear the case in the first instance, and in the second instance, the Supreme Court of Justice,
thorough its respective chamber. For such purposes, the State shall draw up lists of members of the
Conciliation and Arbitration Tribunals, submitting these to the Supreme Court of Justice in January of
each year, through the Attorney General of the Nation. 25
A.3. Labor Code
24
Constitution
of
the
Republic
of
Guatemala
of
May
31,
1985.
https://www.congreso.gob.gt/assets/uploads/congreso/marco_legal/ab811-cprg.pdf.
Text
available
at:
25
Law on Unionization and Strike Regulations for State Employees. Decree Law 71-86 of December 24, 1986.
Text available at: https://www.congreso.gob.gt/detalle_pdf/decretos/1698#gsc.tab=0.
11