#Panama 🇵🇦 #BDS_LaborAlert: Proper Handling of the Christmas Bonus or Gratification
With the arrival of the Christmas and end-of-year season, it is usual for companies to grant an...
In 2026, Tuesday, September 15—the date on which Guatemala celebrates its Independence Day— will not be moved under public holiday scheduling rules that apply to other commemorations.
The Law for the Promotion of Domestic Tourism (Decree No. 42-2010 of the National Congress, as amended by Decree No. 19-2018) allows certain public holidays to be moved to the nearest Monday. However, Article 2 expressly excludes September 15, among other dates, from this rescheduling rule. Accordingly, the public holiday must be observed on Tuesday, September 15, as confirmed by the Ministry of Labor and Social Welfare for this year.
Consequently, an employer may not unilaterally move the day off to Monday, September 14. Such a change may only be made at the employees' request and with the employer's consent.
Even if a change of date is authorized, the holiday hours still count toward the maximum weekly hours limit, just as they would if the holiday had been observed on its original date. Shifting the day off to Monday does not alter the workweek structure nor require employees to make up missed hours; the workweek concludes as regularly scheduled.
Finally, if an employee actually works on Tuesday, September 15—the statutory public holiday—those hours must be paid as overtime, in accordance with the Labor Code.
Should you have any questions regarding this or any other labor law matter, we would be pleased to assist you. Contact us.
