ABSTRACT
The Ministry of Labor has a complicated and lengthy procedure for the legal recognition of labor unions, which is constantly cited by unions as a barrier to organization. The question of legal recognition is of more than academic interest. The Guatemalan Labor Code states explicitly that unions cannot function as such before obtaining official authorization from the Ministry of Labor. Unions must prove their legal status in order to enter into legally enforceable collective contracts, and to oblige an employer to deduct union dues from employee wages. Delays in recognition appear to afflict unions across the political spectrum. Government officials contend that the application process for legal recognition has been streamlined during the Vinicio Cerezo era. The Constitution recognizes the right of workers to join unions “without being subject to previous authorization,” so long as legal requirements are fulfilled. In order to gain legal personality, federations and confederations must apply and provide elaborate documentation to the Ministry of Labor.
