GOVERNMENTAL AGREEMENT No.

534*

NATIONAL PALACE: Guatemala, November 7, 1963

THE HEAD OF THE GOVERNMENT OF THE REPUBLIC,

CONSIDERING:

That article 103 of the Organic Law of National Education clearly stipulates that the
vacation period consists of two months of rest for students, but at the same time and in
general terms, it indicates that during that time and in a period not exceeding one month,
teaching improvement activities may be organized for in-service or out-of-service teachers;
[1]

CONSIDERING:

That in one of the paragraphs of article 3, paragraph VII of Decree 584 (of State workers),
it is indicated that "the vacations that correspond to workers in the Branch of Public
Education are graduated in accordance with the corresponding special provisions", and that
such provisions do not exist to date;

CONSIDERING:

That a series of problems have been arising for the cancellation of salaries corresponding to
the vacation months, in the sense of not knowing with certainty which teachers are entitled
to the full salary and who is paid proportionally, taking into account the time served during
the school year.

AGREE:

Approve the following:

REGULATIONS FOR THE ENJOYMENT AND COLLECTION OF VACATIONS

OF THE

NATIONAL TEACHING

Article lo. For the purposes of this Regulation, the personnel who provide their services in
educational establishments of the Republic are classified as teaching, administrative
technical, administrative and service personnel.
Article 2 . They belong to the teaching staff , professors and instructors with service in
normal and vocational and technical secondary schools, directors and undergraduate
teachers, of pre-primary and primary schools; [2] and singing and physical education
teachers.

Article 3. They belong to the technical-administrative staff , the directors, deputy directors,
assistant professors, assistant instructors and secretaries-accountants, all with service in
establishments at the secondary and normal and vocational and technical education levels.

Article 4 . They belong to the administrative staff , librarians and officials of secondary and
normal education, and vocational and technical schools.

Article 5. They belong to the service personnel , the nurses, janitors, doormen, guardians,
messengers and tutors of pre-primary, primary, secondary and normal and vocational and
technical education establishments.

Article 6. Teaching staff may enjoy the months of November and December as a vacation
period, provided that their services are not necessary in accordance with the provisions of
articles 7 and 8 of this Regulation. Teaching staff who provide their services in special
education establishments are excepted.

Article 7. The Ministry of Public Education [3] will use the services of teaching staff,
during the month of November of each year, when it needs to integrate special
commissions or develop teaching improvement and cultural extension programs.

Article 8. The directors of the different educational centers will use the services of their
respective teaching staff, during the month of November, when they consider that their
assistance is essential.

Article 9 . The technical-administrative, administrative and service personnel of

educational centers at the pre-primary, primary, secondary and normal and vocational and
technical levels, during the period from November to December , and as long as they have
one year of continuous services, will enjoy of 20 business days of vacation [4] with the
respective Director being in charge of drawing up the corresponding minutes specifying the
dates on which each of the members of his staff will use his vacation, taking into account at
the same time that when granting them , the work of the staff does not suffer any setback.
Article 10. The teaching, technical-administrative, administrative and service staff of
special education establishments , as they are centers that cannot suspend their ordinary
activities (Children's City and other similar ones), will enjoy vacations in accordance with
the provisions of the article. former.

Article 11. Personnel classified as teachers, in accordance with article 2. of this Regulation,
will collect vacations in the following way :

a) During vacation months, proration will be made according to the time served within the
school year. To obtain the exact amount, the last salary earned is divided by 304 days in
calendar years, and 305 days in leap years; The resulting quotient is multiplied by the
number of days worked and the result corresponds to the salary for each month of vacation
.

b) For interim service, the portion proportional to the salary of the position served will be
charged during vacation months in accordance with the time occupied during the school
year.

c) For enjoying leave with pay, the proportional part corresponding to the time worked will
be charged during the months already mentioned, completing it with the days or months
that the leave has lasted as long as the total does not exceed 304 days.

d) For leave that covers the total or part of the vacation period for maternal and child care,
to teaching staff with service in the Department of Guatemala, only the benefits granted by
the Guatemalan Social Security Institute will be charged, remaining under the responsibility
of the directors give the corresponding notice to the Budget Department of the General
Accounting Office of the Nation for the respective control.

e) For enjoying a scholarship with pay, the vacation months will be collected in the same
manner indicated in section c).

Article 12. Teachers who have served in positions classified as teaching and subsequently
transferred to the performance of a technical-administrative or administrative position, will
not receive the proportional part of the vacation salaries for the teaching service, but only
that of the position they are serving.

Article 13. Teachers who during the school year have been performing a position classified
in articles 3 and 4. as technical-administrative or administrative and begin to occupy a
position classified as teaching, they will have the right to receive, during vacation months,
the proration resulting from the time served in both classifications based on the salary of
the teaching position.

Article 14. Private educational establishments will also be subject to the different
provisions of this Regulation.
Article 15. Cases not provided for in this Regulation will be resolved by the Ministry of
Public Education.

Article 16. This Regulation will come into force immediately.

COMMUNICATE,

ENRIQUE PERALTA AZURDIA

The Minister of Public Education,

Col. ROLANDO CHINCHILLA AGUILAR

Published in the Official Gazette on November 16, 1963.

[1] See Arts. 28 and 29 of Decree 12-91 of the Congress of the Republic, National
Education Law.

[2] See Arts. 6 to 9 of the Law of Dignification and Cataloging of the National
Teaching.

[3] Name modified by the Department. No. 106-71 of the Congress of the Republic,
published in the Official Gazette on December 20, 1971.

[4] See Arts. 61 paragraph 2) of the Civil Service Law; and, 51 of its Regulations.

[5] See Arts. 61 paragraph 4) of the Civil Service Law; and, 60, 61 and 62 of its
Regulations.

[6] This attribution corresponds to the Department. of Budgetary Control of State

Accounting, Ministry of Public Finance.