- What is “Uncovering the Pact”?
- Why does it matter?
- What will you find?
- Impact of the Pact
- MCN Actions
El observatorio ciudadano Destapando el Pacto es la única plataforma que ilumina lo que algunos quieren mantener en penumbra, es decir, las negociaciones entre el Ministerio de Educación (MINEDUC) y el Sindicato de Trabajadores de la Educación (STEG) sobre el nuevo pacto colectivo de educación. Figuras como Joviel Acevedo, se han esforzado por negociar a puerta cerrada e impedir a los medios y a los ciudadanos el conocimiento de las negociaciones para el nuevo pacto.
No dejemos que nos mantengan en la oscuridad e iluminemos la educación. Este apartado incluye las actas firmadas que definen las condiciones de trabajo del nuevo pacto colectivo de educación y una detallada comparación con el pacto vigente para facilitar a los ciudadanos la información que no ha salido a la luz… hasta ahora.
Como Movimiento Cívico Nacional hemos tomado la iniciativa de transparentar estas negociaciones presentando solicitudes de acceso a la información pública para que las negociaciones de este pacto colectivo, cuyos resultados impactan directamente la calidad y el futuro de la educación de todos los guatemaltecos, sean visibles.
La educación es la base sobre la cual se construye nuestra República. Cumplir el sueño guatemalteco de un país más justo, próspero y transparente solamente es posible con una educación sólida y si se cumplen los principios más básicos de máxima publicidad de los actos administrativos. Actualmente el borrador del pacto colectivo o pliego de peticiones de este pacto está bajo reserva de confidencialidad, a pesar de no cumplir con los requisitos legales para ello y peor aún, nos deja en la oscuridad. Los ciudadanos no sabemos cuál es la base sobre la que se está negociando el pacto colectivo de educación y no hay publicidad acerca de qué sucede en las negociaciones. ¿Cómo podemos garantizar el buen funcionamiento de nuestras instituciones y de la educación si no tenemos el derecho de saber qué están haciendo con los recursos y el futuro de nuestra nación?
Si Joviel Acevedo apagó las luces, nosotros las encendemos.
A inicios del 2024 Joviel Acevedo se aseguró de garantizar que las negociaciones del nuevo pacto fueran a puerta cerrada. Sabemos que estas sesiones son fundamentales para definir el destino de la educación en Guatemala, pero ¿cómo podemos estar seguros de que se están tomando las mejores decisiones si no hay publicidad ni transparencia?
El observatorio es una luz para todos los ciudadanos que buscan alumbrar la educación y conocer más sobre el pacto. Es importante porque todos los guatemaltecos pueden encontrar en una sola plataforma los resultados de todas las sesiones de negociación. Además, la fiscalización del nuevo pacto colectivo de educación es necesaria para garantizar la máxima publicidad de los actos administrativos.
La mejor forma de proteger la República es la transparencia en el manejo de los recursos públicos y garantizando el respeto al derecho al acceso a la información.
El observatorio fiscaliza las negociaciones del pacto colectivo de educación. Podrás encontrar las actas que nos han sido entregadas a través de solicitudes de acceso a la información hasta la fecha, las personas que asistieron a las sesiones de negociación (y la institución que representan); el resumen de la negociación; una comparación entre artículos del pacto colectivo pasado y el que se está negociando; así como un análisis del impacto de esta negociación colectiva.
No dejemos que el futuro de los niños y jóvenes guatemaltecos quede en la oscuridad. Destapemos el pacto y garanticemos que la educación de Guatemala sea manejada con la transparencia que merece. Un país donde se garantiza el acceso a la información, la transparencia de las instituciones y buenos resultados en las negociaciones colectivas es un país que puede garantizar un mejor futuro para la juventud. ¡Súmate al MCN para lograrlo!
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Wednesday, February 29, 2024
Resumen
- It was established that all negotiation sessions will take place on Wednesday afternoons.
- Mineduc proposed publicizing the pact negotiations, but Joviel Acevedo refused, stating it was an "unnecessary strain on the parties involved."
- It was agreed that the government will launch a communication campaign on freedom of association and the right to unionize.
- Joviel Acevedo submitted petitions addressed to the Minister of Education.
- The negotiating commission was instructed to insist on the communication proposal to inform the public about the progress of the negotiations (May 27 - the same day as our injunction).
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Giovanni Castro |
| Luis Felipe Leiva | |
| Carlos Aldana | |
| Testigo de Honor | Homero Fuentes |
Wednesday, March 6, 2024
Resumen
- STEG stated that Article 62 of the Collective Bargaining Agreement was violated because school health insurance was canceled.
- Articles 1 to 15 were approved, with the exception of a portion of Article 1 (subsection c) and Article 14.
- It was established in Article 3 that the parties understand they must generate quality education for children, adolescents, and youth in Guatemala and achieve the high aims of the CPRG.
- In Article 6, it was clarified that workers do not include those who provide technical or professional services.
- In Article 9, it was clarified that collective bargaining is conducted with the union with the most members.
- Article 15: The union fee is high because it is the largest union.
- STEG was asked to provide documentation to support that it is the largest union.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Giovanni Castro |
| Luis Felipe Leiva | |
| Carlos Aldana | |
| Testigo de Honor | Homero Fuentes |
Comparación
| Articles of the Previous Valid Collective Bargaining Agreement | Articles of the Collective Bargaining Agreement Under Negotiation | Differences/Similarities |
|---|---|---|
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Article 1. Denomination of the parties For legal purposes and the content thereof, the parties agreeing to this Collective Bargaining Agreement on Working Conditions are as follows: a) Ministry of Education: Entity that forms the Executive Body of the State of Guatemala, which is considered in this legal instrument as "The Employer," and hereinafter referred to as "MINEDUC." The Ministry of Education is the head official of the MINEDUC's Superior Office, is the Nominating Authority, and the rector of public education policies, and who exercises the role of coordination and facilitation of the education sector's actions. b) Proposing, Signing, and Majority Union: The Proposing, Signing, and Majority Union of MINEDUC and who proposes this Professional Law, is the legal instrument proposed and signed by the Union of Education Workers of Guatemala, hereinafter referred to as "STEG." c) Adhering Unions: The following are adhering unions: Union of Teachers for Change -SUMC-; Union of Educators and Related Workers of Comalapa -SETAC-; Union of Education Workers of Patzún -STEP-; Poaquileño Teachers' Union "June 25" -SIMAP-; Union of Administrative, Technical, and Operative Workers of the Ministry of Education -SITRATOPME-; and National Union of Education Professionals of Guatemala -SINAPREGUA-, which will hereinafter be referred to as Adhering Unions. Adhering Unions are those that, after signing this instrument, adhere to it under the name duly registered with the Ministry of Labor and Social Security, and will have the same rights and obligations as the Signing Union. The status of adherent is evidenced by the certification of the resolution issued by the corresponding STEG Congress and the resolution of the Ministerial Office. |
Article 1. Denomination of the parties For legal purposes and the content thereof, the parties agreeing to this Collective Bargaining Agreement on Working Conditions are as follows: a) Ministry of Education: Entity that forms the Executive Body of the State of Guatemala, which is considered in this legal instrument as "The Employer," and hereinafter referred to as "MINEDUC." The Minister of Education is the head official of the MINEDUC's Superior Office, is the Nominating Authority, and the rector of public education policies, and who exercises the role of coordination and facilitation of the education sector's actions. b) Proposing, Signing, and Majority Union: The Proposing, Signing, and Majority Union of MINEDUC and who proposes this Professional Law, is the legal instrument proposed and signed by the Union of Education Workers of Guatemala, hereinafter referred to as "STEG." c) Adhering Unions: The following are adhering unions: Union of Teachers for Change -SUMC-; Union of Educators and Related Workers of Comalapa -SETAC-; Union of Education Workers of Patzún -STEP-; Poaquileño Teachers' Union "June 25" -SIMAP-. Adhering Unions are those that, after signing this instrument, adhere to it under the name duly registered with the Ministry of Labor and Social Security, and will have the same rights and obligations as the Signing Union. The status of adherent is evidenced by the certification of the resolution issued by the Council of Sectional General Secretaries of STEG and the resolution of the Ministerial Office. |
* Partially approved in Session 2 on Wednesday, March 6, 2024. The wording of the article is a literal copy of Article 1 of the previous valid Collective Bargaining Agreement. The wording of subsection c) Adhering Unions is pending approval at the request of STEG. * Not approved in Session 9 on Wednesday, May 8, 2024. The wording of subsection c) Adhering Unions of Article 1 remains pending at the request of STEG. * Approved in Session 10 on Wednesday, May 15, 2024. The wording of subsection c) has changes in relation to subsection c of Article 1 of the previous valid Collective Bargaining Agreement: - The names "Union of Administrative, Technical, and Operative Workers of the Ministry of Education -SITRATOPME-" and "National Union of Education Professionals of Guatemala -SINAPREGUA-" are removed from subsection c). - The final text of the list of Adhering Unions "which will hereinafter be referred to as Adhering Unions" is removed from subsection c). - In the last paragraph of subsection c), the text "corresponding Congress" is changed to "Council of Sectional General Secretaries." The union party requests that subsection c) Adhering Unions be approved with the proviso that, if during the negotiation new unions express their desire to adhere to the signing of the agreement, the related subsection c) will be discussed again, a request accepted by the employer party. The employer party requests STEG that for the preparation of the respective file, it is necessary to request from the Labor Registry Department of the General Directorate of Labor of the Ministry of Labor and Social Security, a certificate to officially accredit its status as a majority union. The union party indicates that they will request and present it to the negotiating table. |
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Article 2. The State For the purposes of this agreement, the State acts and is represented, directly by the Minister of Education and by those legally designated to act in matters within their competence. |
Article 2. The State For the purposes of this agreement, the State acts and is represented, directly by the Minister of Education and by those legally designated to act in matters outside their competence. |
* Approved in Session 2 on Wednesday, March 6, 2024. The wording of the article is a literal copy of Article 2 of the previous valid Collective Bargaining Agreement. |
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Article 3. Purpose of this agreement The general purpose of this agreement is to regulate, harmonize, and develop relations with respect and mutual interests between MINEDUC and its workers with the aim of achieving the well-being of both the workers and the Institution. The parties understand that they must generate quality education for children, adolescents, and young people in Guatemala; and the fulfillment of the high aims recognized in Article 72 of the Political Constitution of the Republic of Guatemala. The resolution of problems will be developed based on the general principles of Labor Law and mutual respect between the parties. |
Article 3. Purpose of this agreement The general purpose of this agreement is to regulate, harmonize, and develop relations with respect and mutual interests between MINEDUC and its workers with the aim of achieving the well-being of both the workers and the institution. The parties understand that they must generate quality education for children, adolescents, and young people in Guatemala; and the fulfillment of the high aims recognized in Article 72 of the Political Constitution of the Republic of Guatemala. The resolution of problems will be developed based on the general principles of Labor Law and mutual respect between the parties. |
* Approved in Session 2 on Wednesday, March 6, 2024. The wording of the article is a literal copy of Article 3 of the previous valid Collective Bargaining Agreement. |
| Article 4. Employer representation The employer's representatives are and bind the employer in its labor relations with workers and with the Unions: 4.1 The persons responsible for the representation of MINEDUC; 4.2 The persons to whom the representation of MINEDUC is validly delegated, and 4.3 The persons who, by the nature of their work and solely within their area of competence, exercise functions of direction and/or administration on behalf of MINEDUC. MINEDUC, through the Human Resources Directorate, must notify workers by means of announcements and the Unions by means of official letters, within five days following the appointment, of the names of the authorities and representatives, as well as their powers. In any case, the representation of MINEDUC corresponds, in order of precedence, to the Minister, Vice-Ministers, Directors, and Sub-Directors, both of the Central Office dependencies and the Departmental Education Directorates, including persons who properly exercise management functions regardless of the budgetary item to which they belong; who, by virtue of their employer representation and degree of trust, do not enjoy the labor protections dictated within a Collective Labor Dispute and are subject to free appointment, hiring, and removal, as well as those hired in the executive series in accordance with Governmental Agreement 9-91 and those in exempt service. Directors and sub-directors of educational establishments are excluded from the foregoing statement. |
Article 4. Employer representation The employer's representatives are and bind the employer in its labor relations with workers and with the unions: 4.1 The persons responsible for the representation of MINEDUC; 4.2 The persons responsible for the representation of MINEDUC; and 4.3 The persons who, by the nature of their work and solely within their area of competence, exercise functions of direction and/or administration on behalf of MINEDUC. MINEDUC, through the Human Resources Directorate, must notify workers by means of announcements and the Unions by means of official letters, within five days following the appointment, of the names of the authorities and representative, as well as their powers. In any case, the representation of MINEDUC corresponds, in order of precedence, to the Minister, Vice-Ministers, Directors, and Sub-Directors, both of the Central Office dependencies and the Departmental Education Directorates, including persons who properly exercise management functions regardless of the budgetary item to which they belong; who, by virtue of their employer representation and degree of trust, do not enjoy the labor protections dictated within a Collective Labor Dispute and are subject to free appointment, hiring, and removal, as well as those hired in the executive series in accordance with Governmental Agreement 9-91 and those in exempt service. Directors and sub-directors of educational establishments are excluded from the foregoing statement. |
* Approved in Session 2 on Wednesday, March 6, 2024. The wording of the article is a literal copy of Article 4 of the previous valid Collective Bargaining Agreement. |
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Article 5. Representation of the Unions The legal representation of the Proposing and Adhering Unions corresponds, in accordance with the Law, to the Executive Committees registered in the corresponding registry of the Ministry of Labor and Social Security. The Proposing and Adhering Unions will notify MINEDUC in writing of the names of the members of their Executive Committees and any changes made to them within a maximum of ten working days. |
Article 5. Representation of the Unions The legal representation of the Proposing and Adhering Unions corresponds, in accordance with the Law, to the Executive Committees registered in the corresponding registry of the Ministry of Labor and Social Security. The Proposing and Adhering Unions will notify MINEDUC in writing of the names of the members of their Executive Committees and any changes made to them within a maximum of ten working days. |
* Approved in Session 2 on Wednesday, March 6, 2024. The wording of the article is a literal copy of Article 5 of the previous valid Collective Bargaining Agreement. There is a statement from the Minister in the Minutes of Session number 2 requesting the employer's negotiating commission to request documentation to complement the STEG's status as a majority union, recently issued by the competent labor authority, and to determine which are the Adhering Unions in the negotiation of the collective bargaining agreement on working conditions. |
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Article 6. The Workers For the purposes of this Agreement, "workers" refers to all individuals who provide services to MINEDUC by virtue of an appointment, contract, or employment relationship, who have the status of public officials or servants in accordance with the provisions of the Civil Service. It is important to clarify that this quality does not include persons who perform technical or professional services, whose contracting derives from the application of the State Contracting Law or the rules of entities that grant a loan to the State of Guatemala, under the specific budgetary items created for this purpose, and who must abide solely by the stipulations established in the clauses of those types of contracts. |
Article 6. The Workers For the purposes of this Agreement, "workers" refers to all individuals who provide services to MINEDUC by virtue of an appointment, contract, or employment relationship, who have the status of public officials or servants in accordance with the provisions of the Civil Service. It is important to clarify that this quality does not include persons who perform technical and professional services, whose contracting derives from the application of the State Contracting Law or the rules of entities that grant a loan to the State of Guatemala, under the specific budgetary items created for this purpose, and who must abide solely by the stipulations established in the clauses of those types of contracts. |
* Approved in Session 2 on Wednesday, March 6, 2024. The wording of the article is a literal copy of Article 6 of the previous valid Collective Bargaining Agreement. |
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Article 7. Application of the agreement As a Professional Law, this Agreement regulates the conditions under which work must be performed within MINEDUC, as well as other related matters. Its provisions apply to: MINEDUC, in its capacity as employer; The Proposing and Adhering Unions of this Agreement; All workers of the Ministry of Education who have the status of public officials or servants. Consequently, as can be observed, the application is extensive to the different guilds that work in the Ministry of Education as they are respectively represented in this agreement. The authorities of the Ministry of Labor and Social Security will ensure that the provisions of this Agreement are applied preferentially given its nature as a Professional Law. |
Article 7. Application of the agreement As a Professional Law, this agreement regulates the conditions under which work must be performed within MINEDUC, as well as other related matters. Its provisions apply to: MINEDUC, in its capacity as employer; The Proposing and Adhering Unions of this Agreement; All workers of the Ministry of Education who have the status of public officials or servants. Consequently, as can be observed, the application is extensive to the different guilds that work in the Ministry of Education as they are respectively represented in this agreement. The authorities of the Ministry of Labor and Social Security will ensure that the provisions of this Agreement are applied preferentially given its nature as a Professional Law. |
* Approved in Session 2 on Wednesday, March 6, 2024. The wording of the article is a literal copy of Article 7 of the previous valid Collective Bargaining Agreement. |
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Article 8. Interpretation of this agreement The parties agree that for the interpretation of this agreement, the following principles or norms shall be mandatorily observed: 8.1 The interpretation of doubtful or obscure norms shall always be carried out based on the protective nature of Labor Law and Social Security of the civil service. 8.2 For the purposes of the preceding sub-paragraph, applicable provisions on interpretation, those contained in the Political Constitution of the Republic of Guatemala; Civil Service Law; Labor Code and International Conventions and Instruments, ratified by Guatemala, shall be primarily taken into account. 8.3 In the process of interpreting doubtful or obscure norms, the principles that inspire Labor Law shall always be applied: a) Protection; b) Inalienability of rights; c) Imperativeness; d) Realism and Objectivity; e) Democratic Character; f) Simplicity or non-formalistic; and g) Conciliatory Character. These are set forth as the ideological substratum in the fourth recital of the Labor Code currently in force. |
Article 8. Interpretation of this agreement The parties agree that for the interpretation of this agreement, the following principles or norms shall be mandatorily observed: 8.1 The interpretation of doubtful or obscure norms shall always be carried out based on the protective nature of Labor Law and Social Security and Civil Service; 8.2 For the purposes of the preceding sub-paragraph, applicable provisions on interpretation, those contained in the Political Constitution of the Republic of Guatemala; Civil Service Law; Labor Code and International Conventions and Instruments, ratified by Guatemala, shall be primarily taken into account; 8.3 In the process of interpreting doubtful or obscure norms, the basic principles that inspire Labor Law shall always be applied: a) Protection; b) Inalienability of rights; c) Imperativeness; d) Realism and Objectivity; e) Democratic Character; f) Simplicity or non-formalistic; and g) Conciliatory Character. These are set forth as the ideological substratum in the fourth recital of the Labor Code currently in force. |
* Approved in Session 2 on Wednesday, March 6, 2024, the wording of the article is a literal copy of article 8 of the previous collective agreement in force, only the word "basic" is added to the principles indicated in numeral 8.3. |
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Article 9. Collective bargaining For the fulfillment of the stipulations in the Conventions and Instruments signed and ratified by the State of Guatemala, the Political Constitution of the Republic of Guatemala, article 51 of the Labor Code, and other laws, the parties agree that for everything related to the processing or modification of a Collective Bargaining Agreement on Working Conditions, negotiations will only be held with the union that demonstrates, through a certificate from the Ministry of Labor and Social Security, that it has the largest number of affiliated workers nationwide in the Ministry of Education, regardless of the guild to which they belong. |
Article 9. Collective bargaining For the fulfillment of the stipulations in the Conventions and Instruments signed and ratified by the State of Guatemala, the Political Constitution of the Republic of Guatemala, article 51 of the Labor Code, and other laws, the parties agree that for everything related to the processing or modification of a Collective Bargaining Agreement on Working Conditions, negotiations will only be held with the union that demonstrates, through a certificate from the Ministry of Labor and Social Security, that it has the largest number of affiliated workers nationwide in the Ministry of Education, regardless of the guild to which they belong. |
* Approved in Session 2 on Wednesday, March 6, 2024, the wording of the article is a literal copy of article 9 of the previous collective agreement in force. |
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Article 10. Acquired rights The rights of MINEDUC workers are those set forth in the Political Constitution of the Republic of Guatemala; Labor Code; Civil Service Law; National Education Law; Legislative Decree 1485, Law of Dignification and Cataloging of the National Teaching Profession; those established in International Labor Conventions ratified by Guatemala, and all those Governmental and Ministerial Agreements of general application; and also those generated by custom, understood as repeated practice by workers and employers, which are not expressly regulated in this Agreement, and are therefore considered incorporated and form an integral part thereof and are mandatory for the parties. Thus, Article 78 of the Political Constitution of the Republic of Guatemala indicates that the State shall promote the economic, social, and cultural advancement of the teaching profession, including the right to retirement that makes its effective dignification possible. The rights acquired by the national teaching profession are minimal and inalienable. The Law shall regulate these matters. |
Article 10. Acquired rights The rights of MINEDUC workers are those set forth in the Political Constitution of the Republic of Guatemala; Labor Code; Civil Service Law; National Education Law; Legislative Decree 1485, Law of Dignification and Cataloging of the National Teaching Profession; those established in International Labor Conventions ratified by Guatemala, and all those Governmental and Ministerial Agreements of general application; and also those generated by custom, understood as repeated practice by workers and employers, which are not expressly regulated in current legislation, and are therefore considered incorporated and form an integral part thereof and are mandatory for the parties. Thus, Article 78 of the Political Constitution of the Republic of Guatemala indicates that the State shall promote the economic, social, and cultural advancement of the teaching profession, including the right to retirement that makes its effective dignification possible. The rights acquired by the national teaching profession are minimal and inalienable. The law shall regulate these matters. |
* Approved in Session 2 on Wednesday, March 6, 2024, the wording of the article is a literal copy of article 10 of the previous collective agreement in force. |
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Article 11. Future laws If, as a result of the promulgation of new precepts or reforms to labor legislation during the term of this Agreement, rights and benefits are established that favor workers, these shall apply from the date of their entry into force. In any case, no legal provision may diminish, distort, coerce, restrict, or limit the rights contained in this Agreement. |
Article 11. Future laws If, as a result of the promulgation of new precepts or reforms to labor legislation during the term of this Agreement, rights and benefits are established that favor workers, these shall apply from the date of their entry into force. In any case, no legal provision may diminish, distort, coerce, restrict, or limit the rights contained in this Agreement. |
* Approved in Session 2 on Wednesday, March 6, 2024, the wording of the article is a literal copy of article 11 of the previous collective agreement in force. |
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Article 12. Freedom of association As provided in the Political Constitution of the Republic of Guatemala, MINEDUC shall continue to respect the right to freedom of association. Any coercion, retaliation, or threat aimed at curtailing the exercise of this right is prohibited. |
Article 12. Freedom of association As provided in the Political Constitution of the Republic of Guatemala, MINEDUC shall continue to respect the right to freedom of association. Any coercion, retaliation, or threat aimed at curtailing the exercise of this right is prohibited. |
* Approved in Session 2 on Wednesday, March 6, 2024, the wording of the article is a literal copy of article 12 of the previous collective agreement in force. |
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Article 13. Professional representation MINEDUC recognizes the Proponent and Adhering Unions, through their Executive Committees, as the legal representatives of their affiliates and of non-affiliated workers who request their representation in writing. |
Article 13. Professional representation MINEDUC recognizes the Proponent and Adhering Unions, through their Executive Committees, as the legal representatives of their affiliates and of non-affiliated workers who request their representation in writing. |
* Approved in Session 2 on Wednesday, March 6, 2024, the wording of the article is a literal copy of article 13 of the previous collective agreement in force. |
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Article 14. Labor immobility of union leaders MINEDUC shall recognize and respect the labor immobility of all members of the National, sectional, and sub-sectional Executive Committee of the Proponent and Adhering Unions. For this purpose, each of the union organizations shall inform the Superior Office, with a copy to the Human Resources Department, of the entry and exit of leadership within the corresponding Union within ten working days from the acquisition of credentials. The Human Resources Department shall immediately communicate this to the different departments where they work, so that Directors, Sub-directors, or Chiefs are aware for the corresponding legal effects. The immobility referred to in this article shall last for the entire time they hold their respective positions and for up to twenty-four (24) months after having ceased to perform them, in the terms indicated in subsection d) of article 223 of the Labor Code. |
Article 14. Labor immobility of union leaders MINEDUC shall recognize and respect the labor immobility of national, sectional, and sub-sectional leaders of the Proponent Union and of the Adhering Unions, as established in the statutes of each union. For this purpose, each of the union organizations shall inform the Superior Office, with a copy to the Human Resources Department, of the entry and exit of leadership within the corresponding Union within ten working days from the acquisition of credentials. The Human Resources Department shall immediately communicate this to the different departments where they work, so that Directors, Sub-directors, or Chiefs are aware for the corresponding legal effects. The immobility referred to in this article shall last for the entire time they hold their respective positions and for up to twenty-four (24) months after having ceased to perform them, in the terms indicated in subsection d) of article 223 of the Labor Code. |
* Not approved in Session 2 on Wednesday, March 6, 2024, no consensus was reached on the wording of the article... * Approved in Session 4 on Wednesday, March 20, 2024, the wording of the article has changes... |
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Article 15. Union dues MINEDUC shall deduct from the salaries of workers affiliated with the Unions the ordinary union dues in the manner established by the statutes and current labor laws, as well as extraordinary union dues in special cases when required by the Unions. For the purposes of this article, the Unions shall provide the list of their affiliates so that the respective deduction and transfer can be made through the procedure established by law. The Unions shall receive the resources from these deductions according to their affiliation rosters. For this purpose, the Unions shall inform MINEDUC of what their statutes establish, and any reform thereof in this aspect, in relation to ordinary dues, and shall also send certification of the point of the General Assembly Minutes in which extraordinary dues are established. |
Article 15. Union dues MINEDUC shall deduct from the salaries of workers affiliated with the Unions the ordinary union dues in the manner established by the statutes and current labor laws, as well as extraordinary union dues in special cases when required by the Unions. For the purposes of this article, the Unions shall provide the list of their affiliates so that the respective deduction and transfer can be made through the procedure established by law. The Unions shall receive the resources from these deductions according to their affiliation rosters. For this purpose, the Unions shall inform MINEDUC of what their statutes establish, and any reform thereof in this aspect, in relation to ordinary dues, and shall also send certification of the point of the General Assembly Minutes in which extraordinary dues are established. |
* Approved in Session 2 on Wednesday, March 6, 2024, the wording of the article is a literal copy of article 15 of the previous collective agreement in force. |
Wednesday, March 13, 2024
Resumen
- Mineduc responded to STEG's request regarding the school health program.
- STEG requested that the minister attend the next meeting, which would take place on March 20.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana | |
| Testigo de Honor | Homero Fuentes |
Wednesday, March 20, 2024
Resumen
- Article 14, which concerns the labor immobility of union leaders, was approved. It established that "the labor immobility of national, sectional, and sub-sectional union leaders will be recognized and respected."
- The following articles were approved: 16, 18, and 19.
- However, Article 17 was partially approved, as no consensus was reached on point 17.1. This article addresses leave for union training, which grants 6 days to some workers and 18 days to each union's executive committee.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana | |
| Testigo de Honor | Homero Fuentes |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement Under Negotiation | Differences/Similarities |
|---|---|---|
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Article 16. Leave for union training The Appointing Authority of MINEDUC may grant leave with pay to workers who request it, having previously justified their participation, for a period not exceeding one month in each fiscal year, to participate in short courses, seminars, workshops, congresses, and other training activities of a union and/or guild nature. It is understood that the established temporal limitation does not apply to the specific cases indicated in Article 24 of this agreement. |
Article 16. Leave for union training The Appointing Authority of MINEDUC may grant leave with pay to workers who request it, having previously justified their participation, for a period not exceeding one month in each fiscal year, to participate in short courses, seminars, workshops, congresses, and other training activities of a union and/or guild nature. It is understood that the established temporal limitation does not apply to the specific cases indicated in Article 24 of this agreement. |
* Approved in Session 4 on Wednesday, March 20, 2024, the wording of the article is a literal copy of Article 16 of the previous Collective Bargaining Agreement in force. |
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Article 17. Leave to engage in union activity The Appointing Authority of MINEDUC shall grant leave with pay, for the duration of their terms, for the exercise of their union functions to: 17.1 In the case of the Proposing Union, given its level of representation, this right is granted full-time to the members of the National Executive Committee. Likewise, MINEDUC shall grant full-time leave to three members of the Sectional Executive Committees in each department of the Guatemalan Education Workers' Union -STEG- to fulfill the commissions and union work they carry out in their respective jurisdictions. Likewise, due to the degree of complexity and representativeness, two more members are added for the department of Huehuetenango and one more for the departments of Alta Verapaz, Petén, Quetzaltenango, Quiché, and San Marcos. 17.2 The members of the Executive Committees of the Adherent Unions, for a time equivalent to six days per month for each of their members. Notwithstanding the foregoing, an additional 18 days are granted to each Executive Committee of these unions to distribute as they deem most appropriate, for the exercise of their union functions. 17.3 Affiliates of the Proposing and Adherent Unions designated to participate in activities established by law, regulations, and agreements. The Proposing and Adherent Unions shall notify the Superior Office and the Human Resources Department of MINEDUC, with a copy to the immediate authority, five days in advance of the following month in which their directors will enjoy these leaves, of the names and positions. This notice shall be sent when the persons are designated, presented the first time those who will enjoy the leaves are named, and whenever there is a change in them. Likewise, MINEDUC shall grant leave to affiliates of the Proposing and Adherent Unions to attend National Congresses and General Assemblies, ordinary or extraordinary, with prior notification to the corresponding authority, whatever their nature. National Congresses and General Assemblies, whatever their nature, may not exceed two per year, and the corresponding authorization to hold National Congresses, General Assemblies, National, departmental, and municipal assemblies may not be denied unless there is a justified cause. |
Article 17. Leave to engage in union activity The Appointing Authority of MINEDUC shall grant leave with pay, for the duration of their terms, for the exercise of their union functions to: 17.1 In the case of the Proposing Union, given its level of representation, this right is granted full-time to the members of the National Executive Committee and the five members of the National Advisory Council. Likewise, MINEDUC shall grant full-time leave to three members of the Sectional Executive Committees in each department of the Guatemalan Education Workers' Union -STEG-, to fulfill the commissions and union work they carry out in their respective jurisdictions. Likewise, due to the degree of complexity and representativeness, two more members are added for the department of Huehuetenango and one more for the departments of Alta Verapaz, Petén, Quetzaltenango, Quiché, and San Marcos. 17.2 The members of the Executive Committees of the Adherent Unions, for a time equivalent to six days per month for each of their members. Notwithstanding the foregoing, an additional 18 days are granted to each Executive Committee of these unions to distribute as they deem most appropriate, for the exercise of their union functions; 17.3 Affiliates of the Proposing or Adherent Unions designated to participate in activities established by law, the Superior Office and the Human Resources Department of MINEDUC, with a copy to the immediate authority, five days in advance of the following month in which their directors will enjoy these leaves, of the names and positions. This notice shall be sent when the persons are designated, presented the first time those who will enjoy the leaves are named, and whenever there is a change in them. Likewise, MINEDUC shall grant leave to affiliates of the Proposing and Adherent Unions to attend National Congresses and National, Sectional, and Sub-Sectional General Assemblies, ordinary or extraordinary, with prior notification to the corresponding authority, whatever their nature. National Congresses and National General Assemblies, whatever their nature, may not exceed two per year. The corresponding authorization to hold National Congresses, National, Departmental, and Municipal General Assemblies may not be denied unless there is a justified cause. |
* Partially approved in Session 4 on Wednesday, March 20, 2024, the wording of the article is a literal copy of Article 17 of the previous Collective Bargaining Agreement in force... * Approved in Session 9 on Wednesday, May 8, 2024, the wording of the article has changes... * Partially approved in Session 4 on Wednesday, March 20, 2024, the wording of the article is a literal copy of Article 17 of the previous Collective Bargaining Agreement in force. The wording of numeral 17.1 remains pending approval due to a lack of consensus among the negotiating commissions. * Approved in Session 9 on Wednesday, May 8, 2024, the wording of the article has changes compared to Article 17 of the previous Collective Bargaining Agreement in force in its literal 17.1: - The final text "and of the National Advisory Council" is added to the first paragraph. - The word "miembros" (members) in the third paragraph is changed to "integrantes" (members). There is a statement from the Minister in the Minutes of Session number 9 in which she instructs the negotiating commission of the employer to re-discuss the content of Article 17 with the intention of not indefinitely extending the number of union leaves, and also confirms the employer's position on the publicity of the draft agreement and what is related to Article 20, since public functions are not delegable. * Approved in Session 12 on Wednesday, May 29, 2024, the final wording of numeral 17.1 of Article 17 has been modified taking into consideration the statement made by the Minister of Education in the minutes of Session 8 on Wednesday, April 24, 2024; the wording has changes compared to Article 17 of the previous Collective Bargaining Agreement in force: - The text "to the five members" is added in the first paragraph before the text "of the National Advisory Council". The rest of numeral 17.1 of Article 17 maintains its literal wording to that of the previous Collective Bargaining Agreement in force. |
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Article 18. Rights and obligations of Workers All activities of MINEDUC workers are aimed at achieving quality, coverage, and efficiency in the education of children, adolescents, and youth. The rights and obligations referred to in the epigraph of this article are regulated by the Civil Service Law, its Regulations, and for those to whom it applies, the provisions of Legislative Decree 1485, Provisional Statute of State Workers, Chapter on the Dignification and Cataloging of the National Teaching Profession, the National Education Law Legislative Decree 12-91, as well as those included in other current laws and this agreement. |
Article 18. Rights and obligations of workers All activities of MINEDUC workers are aimed at achieving quality, coverage, and efficiency in education, without discrimination. The rights and obligations referred to in the epigraph of this article are regulated by the Civil Service Law, its Regulations, and for those to whom it applies, the provisions of Decree 1485, Provisional Statute of State Workers, Chapter on the Dignification and Cataloging of the National Teaching Profession, the National Education Law Legislative Decree 12-91, as well as those included in other current laws and this agreement. |
* Approved in Session 4 on Wednesday, March 20, 2024, the wording of the article has changes compared to Article 18 of the previous Collective Bargaining Agreement in force: - The text "of children, adolescents, and youth" in the first paragraph is replaced by "without discrimination". |
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Article 19. Working hours and schedules The ordinary working day in each department shall be determined in accordance with the limits established by law and the corresponding regulations. For all types of positions that have established working hours, any work performed outside said hours or that takes more time than indicated for the corresponding working day, provided it is authorized by the immediate superior and does not result from causes attributable to the worker, shall be considered as extraordinary work and shall be paid as such through the form agreed upon between MINEDUC and the Proposing Union. Changes in working days and schedules authorized by the MINEDUC Appointing Authority shall be informed to the workers and notice shall be given to the Proposing and Adherent Unions through the corresponding circular. Climatic conditions, distances, and access to workplaces, and the needs of the population served shall always be considered. All this taking into account what is established in Article 97 of the National Education Law, where applicable. For the purposes of this article, each department must include in its budget the item for the payment of overtime. |
Article 19. Working hours and schedules The ordinary working day in each department shall be determined in accordance with the limits established by law and the corresponding regulations. For all types of positions that have established working hours, any work performed outside said hours or that takes more time than indicated for the corresponding working day, provided it is authorized by the immediate superior and does not result from causes attributable to the worker, shall be considered as extraordinary work and shall be paid as such through the form agreed upon between MINEDUC and the Proposing Union. Changes in working days and schedules authorized by the MINEDUC Appointing Authority shall be informed to the workers and notice shall be given to the Proposing and Adherent Unions through the corresponding circular. Climatic conditions, distances, and access to workplaces, and the needs of the population served shall always be considered. All this taking into account what is established in Article 97 of the National Education Law, where applicable. For the purposes of this article, each department must include in its budget the item for the payment of overtime. |
* Approved in Session 4 on Wednesday, March 20, 2024, the wording of the article is a literal copy of Article 19 of the previous Collective Bargaining Agreement in force. |
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Article 20. Quality of services provided MINEDUC and the Proposing and Adherent Unions declare their full commitment to the permanent pursuit of quality and coverage of administrative and educational services, for which they expressly and responsibly commit to fully comply with their administrative and teaching obligations, observing all requirements contained in the law; and specifically, attending to the directives formulated by the Superior Office, which are legally determined. MINEDUC undertakes to permanently establish processes for the training, capacity building, and evaluation of human resources, in order to optimize staff activity and produce quality in services. All expenses arising from these processes correspond to MINEDUC. MINEDUC workers shall participate in these activities, and the Unions shall encourage such participation, provided that such activities aim at established training and capacity building. The programs that support training events shall be formulated according to specific objectives, and their development shall be entrusted to professionals of recognized quality. Known, discussed, and approved by the national teaching profession through its representative organization. MINEDUC and the Proposing and Adherent Unions shall promote the involvement of parents as a factor of extreme importance for the development of the educational community, within the framework of the National Education Law and any other regulations that may arise for this purpose. |
Article 20. Quality of services provided MINEDUC and the Proposing and Adherent Unions declare their full commitment to the permanent pursuit of quality and coverage of administrative and educational services, for which they expressly and responsibly commit to fully comply with their administrative and teaching obligations, observing all requirements contained in the law; and specifically, attending to the directives formulated by the Superior Office, which are legally determined. MINEDUC undertakes to permanently establish processes for the training, capacity building, and evaluation of human resources, in order to optimize staff activity and produce quality in services. All expenses arising from these processes correspond to MINEDUC. MINEDUC workers shall participate in these activities, and the Unions shall encourage such participation, provided that such activities aim at established training and capacity building. The programs that support training events shall be formulated according to specific objectives, and their development shall be entrusted to professionals of recognized quality. Known, discussed, and approved by the national teaching profession through its representative organization. MINEDUC and the Proposing and Adherent Unions shall promote the involvement of parents as a factor of extreme importance for the development of the educational community, within the framework of the National Education Law and any other regulations that may arise for this purpose. |
* Not approved in Session 4 on Wednesday, March 20, 2024, no consensus was reached on the wording of the article, remaining pending for the next meeting. * Approved in Session 9 on Wednesday, May 8, 2024, as no consensus was reached between the parties, it was agreed that the wording of the article would remain as it is in Article 20 of the previous Collective Bargaining Agreement in force. - The employer argued that public functions are not delegable, based on Article 49 of the Labor Code and Articles 154 and 194 literal a) and f) of the Political Constitution of the Republic of Guatemala. - The union argued that the article is based on Article 41 inciso j) of the National Education Law and that Article 20, being part of the current agreement, which has already been approved by the Ministry of Labor and Social Welfare, is therefore law between the parties. There is a statement from the Minister in the Minutes of Session number 9 in which she instructs the negotiating commission of the employer to re-discuss the content of Article 20, since public functions are not delegable. * Discussed in Session 12 on Wednesday, May 29, 2024, reference is made to the reasoning made by the Minister of Education in the minutes of Session 9, but there is no agreement indicating whether the article will be discussed again or will remain as written. |
Wednesday, April 3, 2024
Resumen
- Article 21 was approved
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Giovanni Castro |
| Luis Felipe Leiva | |
| Carlos Aldana |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement under Negotiation | Differences/Similarities |
|---|---|---|
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Article 21. Training for MINEDUC staff MINEDUC will maintain a training process as described below: MINEDUC will institutionalize the continuous training of teachers through the Academic Program for Professional Teacher Development (PADEP/D) in its different modalities, as well as the Initial Teacher Training, with coverage in all municipalities of the country. MINEDUC, through the corresponding departments, will train workers in specific aspects of their job, with prior consensus with the Proposing Union, in accordance with what is established in Article 41 of the National Education Law; assuming the responsibility of covering the expenses incurred by the workers during the training period. Workers are only obliged to participate in these events in the context of what is stipulated in this Agreement. |
Article 21. Training for MINEDUC staff MINEDUC will maintain a training process as described below: MINEDUC will institutionalize the continuous training of teachers through the Academic Program for Professional Development (PADEP) in its different modalities, Teacher, Basic Cycle, Physical Education, others that may be created; as well as the Initial Teacher Training (FID), with coverage where demand is met. MINEDUC, through the corresponding departments, will train workers in specific aspects of their job. Matters related to teacher training will be communicated to the Proposing Union in accordance with what is established in Article 41 of the National Education Law; assuming the responsibility of covering the expenses incurred by the workers during the training period. Workers are only obliged to participate in these events in the context of what is stipulated in this Agreement; those who wish to participate in training outside of what is previously stipulated may only do so outside of working hours; MINEDUC, in coordination with STEG, will organize and finance annually, depending on financial availability, Regional Pedagogical Congresses for teaching staff graduated from the Academic Program for Professional Development (PADEP) who are in service, with strictly academic purposes to guarantee the training and updating of workers graduated from the program; MINEDUC, jointly with STEG, through the Departmental Education Directorates, will organize the Departmental Teaching Games annually; without these incurring any economic outlay. These games will be held respecting the school calendar, guaranteeing effective class days. |
* Approved in Session 5 on Wednesday, April 3, 2024, the wording of the article has changes compared to Article 21 of the previous collective bargaining agreement in force: - The word “Docente” at the end of the text “Programa Académico de Desarrollo Profesional” is removed from literal a) and the acronym “PADEP/D” is changed to “PADEP.” - In literal a), the text “Docente, Ciclo Básico, Educación Física, otros que se crearen” is added after the text “diferentes modalidades.” - In literal a), the text “todos los municipios del país” is replaced by the text “donde se cumpla con la demanda.” - The order of the initial text of literal b) “previo consenso con el Sindicato Proponente, de conformidad a lo establecido en el artículo 41 de la Ley de Educación Nacional” is modified to “Lo relativo a la capacitación docente se dará a conocer al Sindicato Proponente de conformidad a lo establecido en el artículo 41 de la Ley de Educación Nacional.” - In the last sentence of literal b), the text “quienes quieran participar en capacitaciones fuera de lo anteriormente estipulado, únicamente podrán hacerlo fuera del horario de trabajo” is added. - Literal c) is added. - Literal d) is added. |
Wednesday, April 10, 2024
Resumen
- Approval of articles 22 and 23.
- Partial approval of Article 24, which is about paid leave and holidays.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| MINEDUC | José Donaldo Carías Valenzuela |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement under Negotiation | Differences/Similarities |
|---|---|---|
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Article 22. School Calendar The Ministry of Education, in its capacity to formulate and administer the country's educational policy, to guarantee the functioning of the national educational system at all levels and instances that comprise it, annually issues the School Calendar that regulates the minimum activities for the proper development of educational delivery. All public servants are responsible for strictly complying with its content to cover curricular content and other administrative actions. As mentioned in the preceding paragraph, teachers serving the Ministry of Education must complete a minimum of 180 effective days of classes, as stipulated by current legal provisions (Article 58 of Government Agreement 13-77), providing quality education, in accordance with the standards of the Ministry of Education; subject to corresponding supervision and, in case of non-compliance, they will be subject to the application of the respective Disciplinary Regime. Likewise, compliance with the 180 days of classes will be reflected in the teacher evaluation sheet and the Staff Qualification Board must issue the corresponding legal provision that regulates and evaluates such an extreme. In unforeseen circumstances or force majeure, establishments must organize and coordinate with the educational community the replacement of classes not provided to students under their responsibility when the case so warrants. |
Article 22. School Calendar The Ministry of Education, in its capacity to formulate and administer the country's educational policy, to guarantee the functioning of the national educational system at all levels and instances that comprise it, annually issues the School Calendar that regulates the minimum activities for the proper development of educational delivery. All public servants are responsible for strictly complying with its content to cover curricular content and other administrative actions. As mentioned in the preceding paragraph, teachers serving the Ministry of Education must complete a minimum of 180 effective days of classes, as stipulated by current legal provisions (Article 58 of Government Agreement 13-77), providing quality education, in accordance with the standards of the Ministry of Education; subject to corresponding supervision and, in case of non-compliance, they will be subject to the application of the respective Disciplinary Regime. Likewise, compliance with the 180 days of classes will be reflected in the teacher evaluation sheet and the Staff Qualification Board must issue the corresponding legal provision that regulates and evaluates such an extreme. In unforeseen circumstances or force majeure, establishments must organize and coordinate with the educational community the replacement of classes not provided to students under their responsibility when the case so warrants. |
* Approved in Session 6 on Wednesday, April 10, 2024, the wording of the article is a literal copy of Article 22 of the previous Collective Bargaining Agreement in force. |
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Article 23. Evaluation With the aim of strengthening the capabilities of the teaching staff of the Ministry of Education, the performance evaluation process will continue to be carried out through the service record that is annually applied to teaching and technical administrative staff in accordance with Legislative Decree 1485, and other instruments determined for this purpose in accordance with the law. The evaluation will be carried out in the manner established by the Human Resources Directorate, respecting the National Education Law, particularly articles 36, 37 and 40 and the Law on Dignification and Cataloging of the National Teaching Profession, Legislative Decree 1485, in its second article, seeking for it to be comprehensive. In order to strengthen the capacities of administrative human resources, supervisors and the people being served, evaluations must be carried out in accordance with article 73 of the Civil Service Law and other provisions regulated for this purpose. According to the results obtained in the evaluations carried out on the public servants identified in the preceding paragraphs, continuous training and updating programs will be established according to the possibilities of the Ministry of Education, as well as an action plan to strengthen the performance of the servant in their work areas. |
Article 23. Evaluation With the aim of strengthening the capabilities of the teaching staff of the Ministry of Education, the performance evaluation process will continue to be carried out through the service record that is annually applied to teaching and technical administrative staff in accordance with Legislative Decree 1485, and other instruments determined for this purpose in accordance with the law. The evaluation will be carried out in the manner established by the Human Resources Directorate, respecting the National Education Law, particularly articles 36, 37 and 40 and the Law on Dignification and Cataloging of the National Teaching Profession, Legislative Decree number 1485, in its second article, seeking for it to be comprehensive. In order to strengthen the capacities of administrative human resources, supervisors and the people being served, evaluations must be carried out in accordance with article 73 of the Civil Service Law and other provisions regulated for this purpose. According to the results obtained in the evaluations carried out on the public servants identified in the preceding paragraphs, continuous training and updating programs will be established according to the possibilities of the Ministry of Education, as well as an action plan to strengthen the performance of the servant in their work areas. |
* Approved in Session 6 on Wednesday, April 10, 2024, the wording of the article has changes compared to Article 23 of the previous Collective Bargaining Agreement in force: - In the first sentence of the second paragraph, the word "establece" (establishes) is changed to "establezca" (may establish). |
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Article 24. Paid leave and holidays MINEDUC, through department heads, will grant established paid leave to its employees in the following cases: For the death of a spouse or the person with whom the employee cohabits or was in a de facto union, 5 business days. For the death of any of their children or their father or mother, 5 business days. For the death of grandparents or in-laws of the employee, 5 business days. For the employee's marriage, 6 business days. For the birth of the employee's wife or cohabiting partner, 5 business days. For the death of any of the employee's siblings, 3 business days. For hospitalization or surgical intervention of the employee's father, mother, spouse, or children, up to 4 business days, in each case. For administrative summons, when it relates to services rendered, and for judicial summons, for the time necessary to attend them, upon prior presentation of the respective summons to MINEDUC. For common illness or accident of the employee, the time stipulated by the Guatemalan Social Security Institute (IGSS), and where this type of coverage does not exist, by the state medical practitioner, within the framework of Government Agreement 15-69. For the employee's birthday, on the day of their birth, with the proviso that if it falls on a Sunday, it will be transferred to the following Monday, and if it falls on a Saturday, it will be granted on the preceding Friday. Similarly, if the birthday falls on a holiday, the leave will be transferred to the next business day. July 18th for all public officials and servants, to celebrate the anniversary of the Ministry of Education. All MINEDUC employees will enjoy the dates corresponding to the commemoration of Holy Week from Holy Monday, Holy Tuesday, and Holy Wednesday, and December 24th and 31st of each year. Regarding holidays, the provisions of Articles 69 of the Civil Service Law, and 126 and 127 of the Labor Code will be taken into account. The leaves and holidays established in the preceding subsections will be granted for the number of days indicated, without prejudice to employees claiming a greater number, based on current labor regulations or laws. The interpretation of the content of the preceding provisions is based on the Law of the Judicial Branch, which in its article 10 prescribes interpretation in the proper sense of its words and in accordance with constitutional provisions, with article 106 of the Political Constitution of the Republic of Guatemala being applicable in this matter. In addition, the MINEDUC Appointing Authority may grant other leaves in cases where, without prejudicing the needs of the service, it is possible and appropriate, in accordance with the provisions of numeral 1 of article 60 of the Civil Service Law Regulations. Department heads may grant the leaves established in numeral 2 of article 60 of the Civil Service Law Regulations. |
Article 24. Paid leave and holidays MINEDUC, through department heads, will grant established paid leave to its employees in the following cases: For the death of a spouse or the person with whom the employee cohabits or was in a de facto union, 7 business days, counted from the day following the death. For the death of any of their children or their father or mother, 7 business days, counted from the day following the death. For the death of grandparents or in-laws of the employee, 7 business days, counted from the day following the death. For the death of any of the employee's siblings, 5 business days, counted from the day following the death. For the employee's marriage, 7 business days. For the birth of the employee's wife or cohabiting partner, 7 business days, counted from the day following the birth. For hospitalization of the employee's father, mother, spouse, or children, up to 4 business days. For surgical intervention of the employee's father, mother, spouse, or children, 5 business days, counted from the day following. For administrative summons, when it relates to services rendered, and for judicial summons, for the time necessary to attend them, upon prior presentation of the respective summons to MINEDUC. For common illness, surgical intervention, or accident of the employee, the time stipulated by the Guatemalan Social Security Institute (IGSS), and where this type of coverage does not exist, by the state medical practitioner, within the framework of Government Agreement 15-69. For the employee's birthday, on the day of their birth, with the proviso that if it falls on a Sunday, it will be transferred to the following Monday, and if it falls on a Saturday, it will be granted on the preceding Friday. Similarly, if the birthday falls on a holiday, the leave will be transferred to the next business day. For unforeseen causes duly proven afterward, as stipulated in Government Agreement No. 196-87. May 10th for all mothers of the Ministry of Education, Decree 1794 of the Congress of the Republic. June 17th for all fathers of the Ministry of Education. July 18th for all public officials and servants, to celebrate the anniversary of the Ministry of Education. October 5th for all teachers, to celebrate World Teachers' Day. All MINEDUC employees will enjoy the dates corresponding to the commemoration of Holy Week from Holy Monday, Holy Tuesday, and Holy Wednesday, and December 24th and 31st of each year. Regarding holidays, the provisions of articles 69 of the Civil Service Law, and 126 and 127 of the Labor Code will be taken into account; with the proviso that if they fall on a Sunday, they will be transferred to the following Monday, and if they fall on a Saturday, they will be granted on the preceding Friday, with the exception of what is established in Decree Number 42-2010 reformed by Decree Number 19-2018, both from the Congress of the Republic of Guatemala. For the professional's day that is recognized as such by means of a Decree of the Congress of the Republic or by any norm or agreement of general observance. To grant this benefit, the employee must be an active member of their professional association or be practicing their profession in MINEDUC. The leaves and holidays established in the preceding subsections will be granted for the number of days indicated, without prejudice to employees claiming a greater number, based on current labor regulations or laws. The interpretation of the content of the preceding provisions is based on the Law of the Judicial Branch, which in its article 10 prescribes interpretation in the proper sense of its words and in accordance with constitutional provisions, with article 106 of the Political Constitution of the Republic of Guatemala being applicable in this matter. In addition, the MINEDUC Appointing Authority may grant other leaves in cases where, without prejudicing the needs of the service, it is possible and appropriate, in accordance with the provisions of numeral 1 of article 60 of the Civil Service Law Regulations. Department heads may grant the leaves established in numeral 2 of article 60 of the Civil Service Law Regulations. |
* Partially approved in Session 6 on Wednesday, April 10, 2024, the wording of the article has changes compared to Article 24 of the previous Collective Bargaining Agreement in force: - Sub-item a) the leave period is extended to 7 business days and the text "counted from the day following the death" is added at the end. - Sub-item b) the leave period is extended to 7 business days and the text "counted from the day following the death" is added at the end. - Sub-item c) the leave period is extended to 7 business days and the text "counted from the day following the death" is added at the end. - Sub-item d) is sub-item f) of the previous Collective Bargaining Agreement in force, the leave period is extended to 5 business days and the text "counted from the day following the death" is added at the end. - Final approval of the article is pending for the next meeting. * Not approved in Session 7 on Wednesday, April 17, 2024, no consensus was reached on the wording of the article, pending for the next meeting. * Approved in Session 9 on Wednesday, May 8, 2024, the wording of the article has changes compared to Article 24 of the previous Collective Bargaining Agreement in force: - Sub-item p) is added to Article 24. * Approved in Session 10 on Wednesday, May 15, 2024, the final wording of the article has changes compared to Article 24 of the previous Collective Bargaining Agreement in force: - Sub-item s) is added to Article 24. |
Wednesday, April 17, 2024
Resumen
- First session Joviel Acevedo did not attend.
- Discussion of Article 24 continued, but no consensus was reached.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Rodrigo Eugenio Hernández Boche |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Wednesday, April 24, 2024
Resumen
- Article 24 is still not approved. STEG showed discomfort and "concern" because several articles have not reached a consensus.
- Articles 25, 26, 27, and 28 were approved.
- The negotiating commission was instructed to exclude the phrase "in coordination with STEG" from Article 27, as it violates Article 154 of the CPRG - non-delegable public function.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement Under Negotiation | Differences/Similarities |
|---|---|---|
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Article 25. Requirements for processing leave. To request leave in the cases described in the previous article, the worker shall submit a written application to the head of the department, who will open a file and decide whether it is one of the cases contemplated in the related subsections that must be granted according to legal provisions, or will forward it to the appropriate office if it is any other case. If for any justified reason the worker cannot submit the written application, they shall notify their immediate supervisor by the quickest possible means of the reason for their absence, and must provide proof within the following days or, at the latest, upon returning to work. It is determined that unforeseen absences must be sufficiently justified; those caused by illness and leave generated by the same cause require the presentation of a medical certificate issued in accordance with the law by those responsible for the Public Health area or the Guatemalan Social Security Institute (IGSS), and where this type of coverage does not exist, by the State's authorized physician or by those who provide services to the Insurance provided by MINEDUC, in accordance with the provisions of Governmental Agreement 15-69. |
Article 25. Requirements for processing leave. To request leave in the cases described in the previous article, the worker shall submit a written application to the head of the department, who will open a file and decide whether it is one of the cases contemplated in the related subsections that must be granted according to legal provisions, or will forward it to the appropriate office if it is any other case. If for any justified reason the worker cannot submit the written application, they shall notify their immediate supervisor by the quickest possible means of the reason for their absence, and must provide proof within the following days or, at the latest, upon returning to work. It is determined that unforeseen absences must be sufficiently justified; those caused by illness and general leave generated by the same cause require the presentation of a medical certificate issued in accordance with the law by those responsible for the Public Health area or the Guatemalan Social Security Institute (IGSS), and where this type of coverage does not exist, by the State's authorized physician or by those who provide services to the Insurance provided by MINEDUC, in accordance with the provisions of Governmental Agreement 15-69. |
* Approved in Session 8 on Wednesday, April 24, 2024, the wording of the article is a literal copy of Article 25 of the previous collective bargaining agreement in force. |
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Article 26. Leave without pay. The Appointing Authority of MINEDUC may grant leave without pay to its workers for the time they request, up to the maximum established in numeral 1, subsections a), b) or c), as the case may be, of Article 60 of the Civil Service Law Regulations, without prejudice to the existing employment relationship. |
Article 26. Leave without pay. The Appointing Authority of MINEDUC may grant leave without pay to its workers for the time they request, up to the maximum established in numeral 1, subsections a), b) or c), as the case may be, of Article 60 of the Civil Service Law Regulations, without prejudice to the existing employment relationship. |
* Approved in Session 8 on Wednesday, April 24, 2024, the wording of the article is a literal copy of Article 26 of the previous collective bargaining agreement in force. |
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Article 27. Maternity leave. MINEDUC female workers shall be granted maternity leave for 30 days preceding childbirth and 100 postnatal days. The leave days established here, which exceed those remunerated by the Guatemalan Social Security Institute (IGSS), shall be paid by MINEDUC. The same criterion shall apply in the case of female workers residing in places where said Institute does not provide coverage. In the unfortunate event of a spontaneous abortion or a non-viable premature birth, the aforementioned leave periods are reduced by half. When the worker adopts a minor, she shall be entitled to postpartum leave. |
Article 27. Maternity leave. MINEDUC female workers shall be granted maternity leave for 30 days preceding childbirth and 110 postnatal days. The leave days established here, which exceed those remunerated by the Guatemalan Social Security Institute (IGSS), shall be paid by MINEDUC. To implement this leave, in coordination with STEG, MINEDUC shall establish the corresponding procedure. The same criterion shall apply in the case of female workers residing in places where said Institute does not provide coverage. In the unfortunate event of a spontaneous abortion or a non-viable premature birth, the aforementioned leave periods are reduced by half. When the worker adopts a minor, she shall be entitled to postpartum leave. |
* Approved in Session 8 on Wednesday, April 24, 2024, the wording of the article has changes compared to Article 27 of the previous collective bargaining agreement in force: - The final text "To implement this leave, in coordination with STEG, MINEDUC shall establish the corresponding procedure" is added in the first paragraph. There is a reasoning from the Minister in the minutes of session number 8, instructing the negotiating commission of the employer's side to exclude from article 27 the phrase "...in coordination with STEG...", because it violates constitutional article 154 which prescribes that public function is not delegable. * Approved in Session 12 on Wednesday, May 29, 2024, the final wording of article 27 will be discussed again, taking into consideration the reasoning made by the Minister of Education in the minutes of Session 8 on Wednesday, April 24, 2024. |
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Article 28. Interim appointments. To guarantee the quality of services, MINEDUC commits to covering positions left unattended due to unforeseen circumstances or leave with supernumerary or interim personnel. Notwithstanding the foregoing, said appointment is subject to the terms of their contract and does not grant them the right to the injunctions issued within an Economic Social Collective Labor Dispute. |
Article 28. Coverage of maternity leave and other leave. To guarantee the quality of services, MINEDUC commits to covering positions left unattended due to unforeseen circumstances or leave with supernumerary or interim personnel, regardless of the budget line to which the worker belongs. Notwithstanding the foregoing, said appointment is subject to the terms of their contract and does not grant them the right to the injunctions issued within an Economic Social Collective Labor Dispute. |
* Approved in Session 8 on Wednesday, April 24, 2024, the wording of the article has changes compared to Article 28 of the previous collective bargaining agreement in force: - The title of Article 28 is changed from "Interim appointments" to "Coverage of maternity leave and other leave". - The final text "regardless of the budget line to which the worker belongs" is added to the first paragraph. |
Wednesday, May 8, 2024
Resumen
- Mineduc brings up the issue of the confidentiality of the Collective Bargain and how that limits them from providing information about the negotiation to the public through the Public Information Access Unit. In addition, an injunction filed by lawyers was mentioned, and whether STEG had a response to the official letter from the minister requesting the union to make it public. STEG withdrew the confidential status.
- Articles that had been pending approval were discussed: subsection c of Article 1 (still not approved), 17.1 (approved), 20 (on the quality of services provided, there was discussion and dissent so it remained as it was originally - approved).
- The minister indicated that Article 17 had to be discussed again with the intention of not indefinitely expanding the number of union leaves.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Wednesday, May 15, 2024
Resumen
- Clause c of Article 1 and clause s of Article 24 are approved.
- Articles 29 to 39 are approved.
- Article 33 talks about the classification plan. It drew attention because it addresses classification and evaluation.
- Article 34 about changing line 031 to 011 (review of what it implied).
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| MINEDUC | José Donaldo Carías Valenzuela |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement Under Negotiation | Differences/Similarities |
|---|---|---|
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Article 29. The personnel of the Ministry of Education with teaching functions are individuals who, with a teaching degree, are dedicated to teaching in the different educational centers administered by MINEDUC. For the exercise of teaching, the studies undertaken, degrees, diplomas, certificates of aptitude, merits obtained in the exercise of the profession, time, quality of services, experience, and licenses or accreditations granted in accordance with the law will be taken into account. |
Article 29. The personnel of the Ministry of Education with teaching functions are individuals who, with a teaching degree, are dedicated to teaching in the different educational centers administered by MINEDUC. For the exercise of teaching, the studies undertaken, degrees, diplomas, certificates of aptitude, merits obtained in the exercise of the profession, time, quality of services, experience, and licenses or accreditations granted in accordance with the law will be taken into account. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article is a literal copy of Article 29 of the previous Collective Bargaining Agreement in force. |
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Article 30. MINEDUC recognizes and commits to applying the Provisional Statute of State Workers, Chapter on the Dignification and Cataloging of the National Teaching Profession contained in Decree 1485 of the Congress of the Republic of Guatemala, as well as any other legal provision that may exist regarding the exercise of teaching and its employment relationship. |
Article 30. MINEDUC recognizes and commits to applying the Provisional Statute of State Workers, Chapter on the Dignification and Cataloging of the National Teaching Profession contained in Decree 1485 of the Congress of the Republic of Guatemala, as well as any other legal provision that may exist regarding the exercise of teaching and its employment relationship. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article is a literal copy of Article 30 of the previous Collective Bargaining Agreement in force. |
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Article 31. It is the responsibility of Teachers and Directors of educational establishments to advise and assist in the activities of Parents' Organizations, so that they administer the resources of support programs for children, adolescents, and young people in the best possible way, thereby improving conditions for the educational process, respecting the provisions issued for this purpose. |
Article 31. It is the responsibility of Teachers and Directors of educational establishments to advise and assist in the activities of Parents' Organizations, so that they administer the resources of support programs for children, adolescents, and young people in the best possible way, thereby improving conditions for the educational process, respecting the provisions issued for this purpose. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article is a literal copy of Article 31 of the previous Collective Bargaining Agreement in force. |
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Article 32. Administrative Workers Administrative workers are all personnel of the Ministry of Education who work in each of the Directorates referred to in the Internal Organic Regulations of the Ministry of Education, excluding those dedicated strictly to the exercise of teaching. The aforementioned personnel hold a position in the Public Administration by virtue of appointment, contract, or any other legally established link that relates them as a public official or servant, by which they are obliged to comply with their functions in MINEDUC. |
Article 32. Administrative Workers Administrative workers are all personnel of the Ministry of Education who work in each of the Directorates referred to in the Internal Organic Regulations of the Ministry of Education, excluding those dedicated strictly to the exercise of teaching. The aforementioned personnel hold a position in the Public Administration by virtue of appointment, contract, or any other legally established link that relates them as a public official or servant, by which they are obliged to comply with their functions in MINEDUC. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article is a literal copy of Article 32 of the previous Collective Bargaining Agreement in force. |
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Article 33. Classification Plan MINEDUC commits to managing before the National Civil Service Office, according to service needs, the formulation of a classification and evaluation plan that takes into account the duties, responsibilities, and requirements of each position, assigning them an equitable and uniform salary scale, including for workers who work on payroll in accordance with Article 109 of the Political Constitution of the Republic of Guatemala, and within its scope of competence, it will be the responsibility of the National Civil Service Office to establish the appropriateness of the presented management. |
Article 33. Classification Plan MINEDUC commits to managing before the National Civil Service Office, according to service needs, the formulation of a classification and evaluation plan that takes into account the duties, responsibilities, and requirements of each position, assigning them an equitable and uniform salary scale, including workers who work on payroll in accordance with Article 109 of the Political Constitution of the Republic of Guatemala, and within its scope of competence, it will be the responsibility of the National Civil Service Office to establish the appropriateness of the presented management. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article is a literal copy of Article 33 of the previous Collective Bargaining Agreement in force. |
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Article 34. Workers under item 031, Daily Wages MINEDUC commits to initiating the process by which workers hired under item 031, Daily Wages, in accordance with Article 109 of the Political Constitution of the Republic of Guatemala, which establishes that State workers and its decentralized or autonomous entities who work on payroll will be equated in salaries, benefits, and rights to other State workers. In this regard, they will be transferred to the budget item for permanent workers under item 011, provided that the Law is complied with. |
Article 34. Workers under item 031, Daily Wages MINEDUC commits to initiating the process by which workers hired under item 031, Daily Wages, in accordance with Article 109 of the Political Constitution of the Republic of Guatemala, which establishes that State workers and its decentralized or autonomous entities who work on payroll will be equated in salaries, benefits, and rights to other State workers. In this regard, they will be transferred to the budget item for permanent workers under item 011, provided that the law is complied with. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article is a literal copy of Article 34 of the previous Collective Bargaining Agreement in force. |
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Article 35. Workers of the General Directorate of Physical Education These are employees of the Ministry of Education assigned to the General Directorate of Physical Education and those who, within the scope of teaching or administration, are dedicated to performing functions of national physical education. For this purpose, MINEDUC will be responsible for coordinating the policy and guidelines of national physical education, in accordance with the provisions of Decree number 76-97 of the Congress of the Republic, National Law for the Development of Physical Culture and Sport. To this end, it has the power to carry out the actions it deems appropriate in terms of human resources and infrastructure for the systematic practice of physical education, recreation, and sports, at all levels of the National Educational System, both in the school and extracurricular subsystems, preparing and approving physical education plans and programs. |
Article 35. Workers of the General Directorate of Physical Education These are employees of the Ministry of Education assigned to the General Directorate of Physical Education and those who, within the scope of teaching or administration, are dedicated to performing functions of national physical education. For this purpose, MINEDUC will be responsible for coordinating the policy and guidelines of national physical education, in accordance with the provisions of Decree number 76-97 of the Congress of the Republic, National Law for the Development of Physical Culture and Sport. To this end, it has the power to carry out the actions it deems appropriate in terms of human resources and infrastructure for the systematic practice of physical education, recreation, and sports, at all levels of the National Educational System, both in the school and extracurricular subsystems, preparing and approving physical education plans and programs. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article is a literal copy of Article 35 of the previous Collective Bargaining Agreement in force. |
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Article 36. MINEDUC commits to directing, executing, evaluating, and supervising physical education projects, programs, and actions, in accordance with the educational policies that are dictated. |
Article 36. MINEDUC commits to directing, executing, evaluating, and supervising physical education projects, programs, and actions, in accordance with the educational policies that are dictated. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article is a literal copy of Article 36 of the previous Collective Bargaining Agreement in force. |
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Article 37. MINEDUC commits to initiating the corresponding administrative and technical processes in order to achieve the regularization of the workers of the General Directorate of Physical Education, both teaching and administrative staff; and, to carry out the necessary arrangements for calls to expand the coverage of these teachers and advance in the attention to children, adolescents, and young people within both the School Subsystem and the Extracurricular Subsystem. |
Article 37. MINEDUC commits to initiating the corresponding administrative and technical processes in order to achieve the regularization of the workers of the General Directorate of Physical Education, both teaching and administrative staff; and, to carry out the arrangements so that permanent teaching positions can be advertised, to expand the coverage of these teachers and advance in the attention to children, adolescents, and young people within both the School Subsystem and the Extracurricular Subsystem. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article has changes compared to Article 37 of the previous Collective Bargaining Agreement in force: - The text "de puestos docentes permanentes" is added to the final paragraph after the text "convocatorias de". |
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Article 38. Telesecundaria workers are those who perform functions within the scope of teaching or administration for the Telesecundaria Basic Education modality. MINEDUC has the authority to carry out the actions it deems appropriate in terms of human resources and infrastructure for the achievement of national basic education telesecundaria institutes given their innovative modality with a constructivist approach, in the Basic Education Cycle of the Middle Level, having to endorse the specific curriculum to apply an active and participatory methodology, supported by printed materials, audiovisual resources, and highlighting the responsibility of a single teacher per grade or section. This modality must be implemented in rural areas with an emphasis on community outreach. |
Article 38. Telesecundaria workers are those who perform functions within the scope of teaching or administration for the Telesecundaria Basic Education modality. MINEDUC has the authority to carry out the actions it deems appropriate in terms of human resources and infrastructure for the achievement of national basic education telesecundaria institutes given their innovative modality with a constructivist approach, in the Basic Education Cycle of the Middle Level, having to endorse the specific curriculum to apply an active and participatory methodology, supported by printed materials, audiovisual resources, and highlighting the responsibility of at least one teacher per grade or section. This modality must be implemented in rural areas with an emphasis on community outreach. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article has changes compared to Article 38 of the previous Collective Bargaining Agreement in force: - In the first paragraph, the text "los que" is replaced by the word "quienes". - In the last paragraph, the text "un solo" is replaced by the text "por lo menos un". |
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Article 39. MINEDUC will ensure that teachers dedicated to the Telesecundaria modality have professional quality, seniority, and leadership to administratively, technically-pedagogically, and socio-culturally manage the referred institutes. |
Article 39. MINEDUC will ensure that teachers dedicated to the Telesecundaria modality have professional quality, seniority, and leadership to administratively, technically-pedagogically, and socio-culturally manage the referred institutes. |
* Approved in Session 10 on Wednesday, May 15, 2024, the wording of the article is a literal copy of Article 39 of the previous Collective Bargaining Agreement in force. |
Wednesday, May 22, 2024
Resumen
- Approval of Articles 40 to 43.
- Mineduc again brings up that there are information requests filed by citizens and that the minutes documenting the negotiation are public under Article 30 of the CPRG, as all acts of the administration are public.
- It was established that the project is confidential, but that the session minutes are not and can be made public.
- STEG said that the negotiation is autonomous and does not concern third parties, and that it is not appropriate for them to know what is being negotiated.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement Under Negotiation | Differences/Similarities |
|---|---|---|
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Article 40. Entry into service Entry into service must follow the procedures established in the applicable Laws, Agreements, and Regulations; MINEDUC may not issue appointments or enter into employment contracts with individuals who have not completed the corresponding procedure for assigning vacant positions. MINEDUC will conduct competitive examination processes to transfer teaching positions 021, at pre-primary, primary, and secondary levels of the different programs, to category 011; based on the corresponding technical study and in accordance with budgetary and financial availability. |
Article 40. Entry into service Entry into service must follow the procedures established in the applicable Laws, Agreements, and Regulations; MINEDUC may not issue appointments or enter into employment contracts with individuals who have not completed the corresponding procedure for assigning vacant positions. MINEDUC will conduct competitive examination processes to transfer teaching positions 021, from the school and out-of-school subsystems, at the initial, pre-primary, primary, and secondary education levels of the different programs and modalities, to category 011; based on the corresponding technical study and in accordance with budgetary and financial availability. |
* Approved in Session 11 on Wednesday, May 22, 2024, the wording of the article has changes compared to Article 40 of the previous Collective Bargaining Agreement in force: - In the second paragraph, the text "of the pre-primary, primary, and secondary levels of the different programs" is replaced by the text "of the school and out-of-school subsystems, of the initial, pre-primary, primary, and secondary education levels of the different programs and modalities." |
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Article 41. Right to transfer The Appointing Authority of MINEDUC will grant transfers to workers, provided that they request it and the reasons are duly verified, in accordance with the provisions of Articles 40 and 41 of Legislative Decree 1485, 60 of the Civil Service Law, and 43 of its Regulations, as applicable, as well as any other legal provision that may be issued for this purpose and that does not contravene the present matter. Likewise, the Appointing Authority may make transfers in compliance with the requirements indicated in the aforementioned norms. In no case will a worker be transferred without complying with the provisions of this article. |
Article 41. Right to transfer The Appointing Authority of MINEDUC will grant transfers to workers, provided that they request it and the reasons are duly verified, in accordance with the provisions of Articles 40 and 41 of Legislative Decree 1485, 60 of the Civil Service Law, and 43 of its Regulations, as applicable, as well as any other legal provision that may be issued for this purpose and that does not contravene the present matter. Likewise, the Appointing Authority may make transfers in compliance with the requirements indicated in the aforementioned norms. In no case will a worker be transferred without complying with the provisions of this article. |
* Approved in Session 11 on Wednesday, May 22, 2024, the wording of the article is a literal copy of Article 41 of the previous Collective Bargaining Agreement in force. |
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Article 42. Right to exchange positions MINEDUC teaching staff may exchange positions, under the terms specified for them in Decree 1485 of the Congress of the Republic of Guatemala. For all workers, the provisions established in Article 59 of the Civil Service Law and Title VIII of its Regulations will apply, as well as any other legal provision that may be issued for this purpose and that does not contravene the present matter. In the case of exchanges between teachers, the process may be initiated at any time and can be made effective during the course of the year, except as provided in subsections b) and c) of Article 40 of the aforementioned Decree. The duration of the process must be agile so as not to affect the school year. |
Article 42. Right to exchange positions MINEDUC teaching staff may exchange positions, under the terms specified for them in Decree 1485 of the Congress of the Republic of Guatemala. For all workers, the provisions established in Article 59 of the Civil Service Law and Title VIII of its Regulations will apply, as well as any other legal provision that may be issued for this purpose and that does not contravene the present matter. In the case of exchanges between teachers, the process may be initiated at any time and can be made effective during the course of the year, except as provided in subsections b) and c) of Article 40 and Article 41 of the aforementioned Decree. The duration of the process must be agile so as not to affect the school year. |
* Approved in Session 11 on Wednesday, May 22, 2024, the wording of the article is a literal copy of Article 42 of the previous Collective Bargaining Agreement in force. |
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Article 43. Requirements for entry, transfer, and exchange procedures The requirements for processing applications for entry into service, transfer, and exchange will be established by MINEDUC in accordance with current legislation on the matter, as appropriate. In any case, the corresponding procedures will adhere to the criterion of agility, avoiding bureaucracy and unnecessary delays, so that no delay could affect salary payment. MINEDUC will inform, in accordance with the provisions of this Agreement, when these requirements are established or modified. For the issuance of appointments or conclusion of contracts resulting from the aforementioned processes, what is established in the law regarding the issuance period will be respected and fulfilled. |
Article 43. Requirements for entry, transfer, and exchange procedures The requirements for processing applications for entry into service, transfer, and exchange will be established by MINEDUC in accordance with current legislation on the matter, as appropriate. In any case, the corresponding procedures will adhere to the criterion of agility, avoiding bureaucracy and unnecessary delays, so that no delay could affect salary payment. MINEDUC will inform, in accordance with the provisions of this Agreement, when these requirements are established or modified. For the issuance of appointments or conclusion of contracts resulting from the aforementioned processes, what is established in the law regarding the issuance period will be respected and fulfilled. |
* Approved in Session 11 on Wednesday, May 22, 2024, the wording of the article is a literal copy of Article 43 of the previous Collective Bargaining Agreement in force. |
Wednesday, May 29, 2024
Resumen
- Mineduc handed STEG copies of minutes documenting the negotiation, signed by the minister, and reviewed the reasons stated by the minister in minutes 1, 2, 8, and 9.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
Wednesday, June 5, 2024
Resumen
- Partial approval of Article 44 on the prevention of conflicts arising from labor relations
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement Under Negotiation | Differences/Similarities |
|---|---|---|
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Article 44. Prevention of conflicts arising from the employment relationship MINEDUC must promote the prevention of conflicts arising from the employment relationship as set out below: 44.1 MINEDUC, at the request of any of the Proponent or Adhering Unions, individually or jointly, will deal with it or them, with matters arising from the employment relationship that may arise with the members of said union or unions, or with those who, not being members, request their intervention in writing. 44.2 The foregoing, without prejudice to the fact that workers may deal with these matters directly, in defense of their interests, when they deem it appropriate and that the proposed or agreed arrangement does not contravene the provisions of this Agreement or prejudice the rights of other workers, or infringe legal provisions. 44.3 In order to enable the Executive Committees to exercise their representative function and defense of workers, the following provisions are agreed upon: The members of the Executive Committee designated by the same, may attend any MINEDUC dependency or workplace, in order to learn about problems arising from the employment relationship that affect their members or those who request it as established in this Agreement. Visits must be coordinated with the head of the respective dependency, who will be previously informed of the reason for the visit, so that the persons in charge of attending the delegation are designated; these will not be made up of more than two members of the corresponding Executive Committees, who will carry out the diligences, without interrupting work, on the days of union leave that correspond to them in accordance with this Agreement. When the case warrants it, the involved Union or Unions will verify the facts attributed to the worker(s), issuing an opinion, if MINEDUC requests it. |
Article 44. Prevention of conflicts arising from the employment relationship MINEDUC must promote the prevention of conflicts arising from the employment relationship as set out below: 44.1 MINEDUC, at the request of any of the Proponent or Adhering Unions, individually or jointly, will deal with it or them, with matters arising from the employment relationship that may arise with the members of said union or unions, or with those who, not being members, request their intervention in writing. 44.2 The foregoing, without prejudice to the fact that workers may deal with these matters directly, in defense of their interests, when they deem it appropriate and that the proposed or agreed arrangement does not contravene the provisions of this Agreement or prejudice the rights of other workers, or infringe legal provisions. 44.3 In order to enable the Executive Committees to exercise their representative function and defense of workers, the following provisions are agreed upon: The members of the Executive Committee designated by the same, may attend any MINEDUC dependency or workplace, in order to learn about problems arising from the employment relationship that affect their members or those who request it as established in this Agreement. Visits must be coordinated with the head of the respective dependency, who will be previously informed of the reason for the visit, so that the persons in charge of attending the delegation are designated; these will not be made up of more than two members of the corresponding Executive Committees, who will carry out the diligences, without interrupting work, on the days of union leave that correspond to them in accordance with this Agreement. When the case warrants it, the involved Union or Unions will verify the facts attributed to the worker(s), issuing an opinion, if MINEDUC requests it. |
* Partially approved in Session 13 on Wednesday, June 5, 2024, the wording of the article has changes compared to Article 44 of the previous Collective Bargaining Agreement in force. - The text "will be represented in accordance with the provisions of the law, and to that effect" is replaced at the end of numeral 44.3 of Article 44. - The employer proposes adding a paragraph to numeral 44.3, subsection a) of Article 44; the union requests that this proposal be sent to them in writing for analysis and to continue its discussion in the next session. * Discussed in Session 14 on Wednesday, June 12, 2024, the final wording of the article has changes compared to Article 44 of the previous Collective Bargaining Agreement in force. - The employer's proposal to add a paragraph to numeral 44.3, subsection a) of Article 44 is not accepted by the union; the employer asks STEG to reconsider its position. - Additionally, the employer proposes adding a paragraph to numeral 44.3, subsection b) of Article 44; the union protests receiving modifications on the same day of the session and requests that this proposal be sent to them in writing for analysis and to continue its discussion in the next session. - The employer accedes to STEG's request, with the caveat that they will send all article modifications as far as possible, given that the discussion of articles dealing with economic issues, which are under analysis by the corresponding dependencies, is approaching. * Approved in Session 16 on Wednesday, June 26, 2024, the wording of the article is a literal copy of Article 44 of the previous Collective Bargaining Agreement in force. |
Wednesday, June 12, 2024
Resumen
- Second meeting Joviel Acevedo failed to attend.
- Article 44 was not approved.
- Approval of Articles 48 and 51.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Rodrigo Eugenio Hernández Boche |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement Under Negotiation | Differences/Similarities |
|---|---|---|
| Article 45. On the Joint Committee. MINEDUC and the Proposing and Adhering Unions, in order to resolve individual or collective labor problems through conciliation, establish a Joint Committee, at the national, departmental, and municipal levels, regulated by the provisions contained in the following articles, and in the Regulations that the National Joint Committee agrees upon for this purpose. By mutual agreement, the parties commit to training the members of the Joint Committees to ensure the formality of the processes inherent to the labor relationship. | Article 45. On the Joint Committee. MINEDUC and the Proposing and Adhering Unions, in order to resolve individual or collective labor problems through conciliation, establish a Joint Committee, at the national, departmental, and municipal levels, regulated by the provisions contained in the following articles, and in the Regulations that the National Joint Committee agrees upon for this purpose. By mutual agreement, the parties commit to training the members of the Joint Committees to ensure the formality of the processes inherent to the labor relationship. | |
| Article 48. Intervention of third parties. The Joint Committee may request the intervention of third parties for technical and legal advice in decision-making. | Article 48. Intervention of third parties. The Joint Committee may request the intervention of third parties for technical and legal advice in decision-making. | * Approved at Session 14 on Wednesday, June 12, 2024, the wording of the article is a literal copy of Article 48 of the previous Collective Bargaining Agreement in force. |
| Article 51. Right to individual action. The foregoing provisions do not diminish the right of the parties and of the workers, individually or collectively considered, to take action before the competent bodies, if they deem it appropriate, in which case the Joint Committee will cease to hear the matter or matters. | Article 51. Right to individual action. The foregoing provisions do not diminish the right of the parties and of the workers, individually or collectively considered, to take action before the competent bodies, if they deem it appropriate, in which case the Joint Committee will cease to hear the matter or matters. | * Approved at Session 14 on Wednesday, June 12, 2024, the wording of the article is a literal copy of Article 51 of the previous Collective Bargaining Agreement in force. |
Wednesday, June 19, 2024
Resumen
- They discussed the proposals sent by Mineduc to STEG to modify articles: 44,45,46,47,49,50,53,54,56,58 and 59, however, STEG refused.
- Joint meetings and technical roundtables were discussed, but the union said these aspects would be regulated later. Mineduc clarified that it addressed this issue because it sought a clearer collective agreement.
- STEG disagreed with Mineduc's proposals. They said that by leaving everything in the minutes, they would be exposed, and that the Mineduc delegates' intention was to expose them to the media.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Wednesday, June 26, 2024
Resumen
- Mineduc submitted a legal study on the content of the administrative records and articles were discussed.
- Article 44 was approved and remained as it was before.
- STEG claimed that they submitted a draft agreement in January and that Mineduc did not submit a counter-proposal and that the proposals presented are reactions.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Wednesday, July 3, 2024
Resumen
- Mineduc proposes adding paragraphs to articles 46, 47, and 49. However, the proposal was rejected by the STEG, and although Mineduc disagreed, it agreed to approve the article without modifications, as regulated in the previous agreement.
- Discussion on the wording of Article 50 is suspended. Both parties agree to submit a new draft proposal for the article.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Rodrigo Eugenio Hernández Boche |
| Osvaldo Pérez Elías | |
| MINEDUC | José Donaldo Carías Valenzuela |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement under Negotiation | Differences/Similarities |
|---|---|---|
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Article 46. Composition of the Joint Board. The Joint Board is composed of a delegation from MINEDUC and one from the Proponent Union; decisions will be made by consensus. Each delegation may consist of up to three regular members and three alternates, who must duly accredit their participation. The members of these joint boards will not receive any remuneration for their participation. |
Article 46. Composition of the Joint Board. The Joint Board is composed of a delegation from MINEDUC and one from the Proponent Union; decisions will be made by consensus. Each delegation may consist of up to three regular members and three alternates, who must duly accredit their participation. The members of these joint boards will not receive any remuneration for their participation. |
* Approved in Session 17 on Wednesday, July 3, 2024, the wording of the article is a literal copy of Article 46 of the previous Collective Bargaining Agreement in force. |
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Article 47. Validity of agreements and resolutions. The delegates of the parties shall be vested with sufficient powers to definitively resolve the problems submitted to their knowledge, provided that they are not matters outside their competence and that the determinations made do not contravene legal or regulatory provisions. The consensuses reached by the Joint Board must be reported to the General Labor Inspectorate of the Ministry of Labor and Social Welfare and to the Human Resources Department of MINEDUC when deemed necessary by the interested party, for the fulfillment of what has been agreed, who must go to the corresponding instances to generate the respective solutions. |
Article 47. Validity of agreements and resolutions. The delegates of the parties shall be vested with sufficient powers to definitively resolve the problems submitted to their knowledge, provided that they are not matters outside their competence and that the determinations made do not contravene legal or regulatory provisions. The consensuses reached by the Joint Board must be reported to the General Labor Inspectorate of the Ministry of Labor and Social Welfare and to the Human Resources Department of MINEDUC when deemed necessary by the interested party, for the fulfillment of what has been agreed, who must go to the corresponding instances to generate the respective solutions. |
* Approved in Session 17 on Wednesday, July 3, 2024, the wording of the article is a literal copy of Article 47 of the previous Collective Bargaining Agreement in force. |
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Article 49. Sessions. The National Joint Board will ordinarily meet four times a month, at the central offices of MINEDUC, Departmental Education Directorates, and/or educational supervision offices, as the case may be, or at the place agreed upon by its members. For their part, the Departmental and Municipal Joint Boards will meet twice a month. These sessions will be held during business hours. In case of urgency, either party may call, with at least 72 hours' notice, an extraordinary session to address the matters motivating it, which will be communicated to the other party in the summons. After 20 days from the date the Joint Board became aware of the matter, without making any decision and without determining an extension for its treatment, either party may declare the direct channel exhausted, for legal purposes. Collective bargaining for Collective Bargaining Agreements on Working Conditions, collective agreements of general application and/or petitions, as regulated by the Law on Unionization and Regulation of Strikes by State Workers, Decree 71-86, is excluded from the competence of the Joint Board. |
Article 49. Sessions. The National Joint Board will ordinarily meet four times a month, at the central offices of MINEDUC, Departmental Education Directorates, and/or educational supervision offices, as the case may be, or at the place agreed upon by its members. For their part, the Departmental and Municipal Joint Boards will meet twice a month. These sessions will be held during business hours. In case of urgency, either party may call, with at least 72 hours' notice, an extraordinary session to address the matters motivating it, which will be communicated to the other party in the summons. After 20 days from the date the Joint Board became aware of the matter, without making any decision and without determining an extension for its treatment, either party may declare the direct channel exhausted, for legal purposes. Collective bargaining for Collective Bargaining Agreements on Working Conditions, collective agreements of general application and/or petitions, as regulated by the Law on Unionization and Regulation of Strikes by State Workers, Decree 71-86, is excluded from the competence of the Joint Board. |
* Approved in Session 17 on Wednesday, July 3, 2024, the wording of the article is a literal copy of Article 49 of the previous Collective Bargaining Agreement in force. |
Wednesday, July 10, 2024
Resumen
- Mineduc proposed a new wording for Article 50 based on the proposal received from the STEG. This wording was rejected by the STEG, which suggested it be discussed again based on the original proposal sent by the STEG.
- Article 50 was approved, and the discussion of Article 52 was postponed to the next meeting.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement Under Negotiation | Differences/Similarities |
|---|---|---|
| Article 50. Technical Board. MINEDUC and STEG commit to establishing and maintaining a National, Departmental, and Municipal Technical Board, with the purpose of addressing emerging issues as established in Ministerial Agreement number 247-2014, which creates the Governance System for Risk and Disaster Management for School Safety, as well as topics of interest for the benefit of the Educational Community. |
Article 50. Technical Board.
MINEDUC and STEG commit to establishing and maintaining a National, Departmental, and Municipal Technical Board, with the purpose of addressing emerging issues as established in Ministerial Agreement number 247-2014, which creates the Governance System for Risk and Disaster Management for School Safety. The Technical Board shall be composed of a delegation from MINEDUC and one from the Proposing Union. Each delegation may consist of up to three principal members and three alternate members who will attend in the absence of the principals, and who must duly accredit their participation. Attendees of these technical boards will not receive any remuneration for their participation and will meet when a situation within their scope of competence arises, with either party being able to convene the meeting. Each year, the National Technical Board will prepare the list of principal and alternate representatives at the national, departmental, and municipal levels; the composition of the delegates must be announced through a circular issued by the Human Resources Department during the month of January, which must be distributed to all Departmental Directorates for the corresponding purposes. |
* Approved in Session 18 on Wednesday, July 10, 2024, the wording of the article has changes in relation to Article 50 of the previous Collective Bargaining Agreement in force: - A second paragraph is added, which establishes the composition of the Technical Board and the regulation of its members' participation. - A third and final paragraph is added to the article, which establishes the preparation and dissemination of the list of Technical Board members. |
Wednesday, July 17, 2024
Resumen
- Articles 52 to 59 are approved without modifications, in relation to the articles approved in the previous collective bargaining agreement.
- Fourth meeting that Joviel Acevedo did not attend.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Rodrigo Eugenio Hernández Boche |
| Osvaldo Pérez Elías | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Comparación
| Articles of the Previous Collective Bargaining Agreement in Force | Articles of the Collective Bargaining Agreement Under Negotiation | Differences/Similarities |
|---|---|---|
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Article 52. Discipline in work. Public servants, from the moment they swear to abide by and defend the Political Constitution of the Republic of Guatemala, commit to the exercise of public function, which must be reflected in complying with and ensuring legal order, obeying orders and instructions given by their hierarchical superiors, observing dignity, respect, and loyalty to them, as well as to their colleagues and subordinates, taking care of their punctuality, personal appearance, and processing matters within their competence promptly, efficiently, impartially, and with initiative, maintaining discretion in those matters that by their legal nature require reservation, avoiding within and outside the service the commission of acts contrary to law, morals, and good customs, that affect the prestige of the Public Administration. |
Article 52. Discipline in work. Public servants, from the moment they swear to abide by and defend the Political Constitution of the Republic of Guatemala, commit to the exercise of public function, which must be reflected in complying with and ensuring legal order, obeying orders and instructions given by their hierarchical superiors, observing dignity, respect, and loyalty to them, as well as to their colleagues and subordinates, taking care of their punctuality, personal appearance, and processing matters within their competence promptly, efficiently, impartially, and with initiative, maintaining discretion in those matters that by their legal nature require reservation, avoiding within and outside the service the commission of acts contrary to law, morals, and good customs, that affect the prestige of the Public Administration. |
Approved in Session 19 on Wednesday, July 17, 2024, the wording of the article is a literal copy of Article 52 of the previous Collective Bargaining Agreement in force. |
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Article 53. Regulation and types of sanctions. Sanctions, considering the seriousness of the offense committed as established by the Civil Service Law and its Regulations, as well as Ministerial Agreement 1500-2019 and other specific regulations that MINEDUC implements, in accordance with this Agreement, correspond to verbal warning, written warning, suspension from work without pay or salary, and justified dismissal. Verbal warning: this is the sanction to be imposed by the manager or head of the unit, section or department of the Directorate, on the employee for having committed a minor offense that is considered of little importance, whose damage is minimal, but affects the proper functioning of the administrative organization of the dependency. This warning must be made privately, with analysis and certainty, leaving written record of it in the employee's file, sending it to the Departmental Directorate of Education or the Human Resources Directorate, as appropriate. Written warning: this is the sanction to be imposed by the manager or head of the unit, section or department, when the employee commits an offense considered of medium importance that does not merit a suspension from work without pay or salary or when the employee has received two or more verbal warnings in the same calendar month. A record of this warning must be kept in the employee's file, sending it to the Departmental Directorate of Education or the Human Resources Directorate, as appropriate. Suspension from work without pay or salary: this is the sanction to be imposed by the Highest Authority of the dependency when the employee has committed an offense of certain seriousness in the judgment of the aforementioned authority and that it is not a cause for dismissal of those contained in Article 76 of the Civil Service Law, since dismissal corresponds to the Nominating Authority. An offense of certain seriousness is one considered of great importance and that causes damage and disorder in the functioning of the administrative organization. Suspension from work without pay or salary shall also proceed in cases of detention and provisional imprisonment, for the entire time that either of them is maintained; if the release of the detainee is ordered, or an acquittal is issued in the case of provisional imprisonment, the employee shall be reinstated to their position within a period of thirty days from the date on which they left prison. Dismissal: the justified dismissal of the public servant corresponds to the Nominating Authority, which can only be carried out in accordance with the provisions expressly established in Chapter II of Title IX of the Civil Service Law and in accordance with the procedure indicated in numeral 4 of Article 80 of the Regulations of the aforementioned Law. |
Article 53. Regulation and types of sanctions. Sanctions, considering the seriousness of the offense committed as established by the Civil Service Law and its Regulations, as well as Ministerial Agreement 1500-2019 and other specific regulations that MINEDUC implements, in accordance with this Agreement, correspond to verbal warning, written warning, suspension from work without pay or salary, and justified dismissal. Verbal Warning: This is the sanction to be imposed by the manager or head of the unit, section or department of the Directorate, on the employee for having committed a minor offense that is considered of little importance, whose damage is minimal, but affects the proper functioning of the administrative organization of the dependency. This warning must be made privately, with analysis and certainty, leaving written record of it in the employee's file, sending it to the Departmental Directorate of Education or the Human Resources Directorate, as appropriate. Written Warning: This is the sanction to be imposed by the manager or head of the unit, section or department, when the employee commits an offense considered of medium importance that does not merit a suspension from work without pay or salary or when the employee has received two or more verbal warnings in the same calendar month. A record of this warning must be kept in the employee's file, sending it to the Departmental Directorate of Education or the Human Resources Directorate, as appropriate. Suspension from Work Without Pay or Salary: This is the sanction to be imposed by the Highest Authority of the dependency, when the employee has committed an offense of certain seriousness in the judgment of the aforementioned authority and that it is not a cause for dismissal of those contained in Article 76 of the Civil Service Law, since dismissal corresponds to the Nominating Authority. An offense of certain seriousness is one considered of great importance and that causes damage and disorder in the functioning of the administrative organization. Suspension from work without pay or salary shall also proceed in cases of detention or provisional imprisonment, for the entire time that either of them is maintained; if the release of the detainee is ordered, or an acquittal is issued in the case of provisional imprisonment, the employee shall be reinstated to their position within a period of thirty days from the date on which they left prison. Justified Dismissal: The justified dismissal of the public servant corresponds to the Nominating Authority, which can only be carried out in accordance with the provisions expressly established in Chapter II of Title IX of the Civil Service Law and in accordance with the procedure indicated in numeral 4 of Article 80 of the Regulations of the aforementioned Law. |
Approved in Session 19 on Wednesday, July 17, 2024, the wording of the article has changes compared to the previous article. |
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Article 54. Hearing. To apply any of the aforementioned sanctions to the worker, they will be heard beforehand, granting the affected party a hearing for five working days, plus travel time, when applicable, so that they can be heard and propose means of proof in their defense and to state what pertains to their right. No worker may be dismissed without fully justified and legally proven cause. Likewise, they must always be notified of the results of the process, even when acquitted. |
Article 54. Hearing. To apply any of the aforementioned sanctions to the worker, they will be heard beforehand, granting the affected party a hearing for five working days, plus travel time, when applicable, so that they can be heard and propose means of proof in their defense and to state what pertains to their right. No worker may be dismissed without fully justified and legally proven cause. Likewise, they must always be notified of the results of the process, even when acquitted. |
Approved in Session 19 on Wednesday, July 17, 2024, the wording of the article is a literal copy of the previous article. |
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Article 55. Mitigating and aggravating circumstances. Prior to imposing a sanction, the work history of each employee must be considered to serve as a mitigating or aggravating factor when imposing the sanction. |
Article 55. Mitigating and aggravating circumstances. Prior to imposing a sanction, the work history of each employee must be considered to serve as a mitigating or aggravating factor when imposing the sanction. |
Approved in Session 19 on Wednesday, July 17, 2024, the wording of the article is a literal copy of the previous article. |
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Article 56. Challenging resolutions. To challenge resolutions, the worker or the Signatory and Adhering Unions representing them may challenge them, observing what is established in the Civil Service Law and its Regulations. |
Article 56. Challenging resolutions. To challenge resolutions, the worker or the Signatory and Adhering Unions representing them may challenge them, observing what is established in the Civil Service Law and its Regulations. |
Approved in Session 19 on Wednesday, July 17, 2024, the wording of the article is a literal copy of the previous article. |
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Article 57. Job stability. No MINEDUC worker, with the exception of those indicated in Article 4 of this Agreement, may be dismissed without legal and proven cause, through the disciplinary procedures established in the applicable labor laws and regulations and in this Agreement. |
Article 57. Job stability. No MINEDUC worker, with the exception of those indicated in Article 4 of this Agreement, may be dismissed without legal and proven cause, through the disciplinary procedures established in the applicable labor laws and regulations and in this Agreement. |
Approved in Session 19 on Wednesday, July 17, 2024, the wording of the article is a literal copy of the previous article. |
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Article 58. Reinstatement. When a MINEDUC worker is dismissed unjustly or without having complied with the procedure established by law, the worker shall have the right to be reinstated to their job. Said reinstatement may be carried out by administrative amendment by the Nominating Authority, which revokes the ministerial dismissal agreement or by a judicial resolution issued within the procedure of the Ordinary Labor Trial. |
Article 58. Reinstatement. When a MINEDUC worker is dismissed unjustly or without having complied with the procedure established by law, the worker shall have the right to be reinstated to their job. Said reinstatement may be carried out by administrative amendment by the Nominating Authority that revokes the ministerial dismissal agreement; or by a judicial resolution issued within the procedure of the Ordinary Labor Trial. |
* Approved in Session 19 on Wednesday, July 17, 2024, the wording of the article has changes compared to that of Article 58 of the previous Collective Bargaining Agreement in force:
- The text "ministerial dismissal agreement or resolution..." is modified and changed to "ministerial dismissal agreement; or by..." in the last paragraph |
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Article 59. Prescription. All actions or rights arising from labor laws and this Agreement prescribe within the term established therein. In disciplinary proceedings, the corresponding legal actions prescribe for MINEDUC within a maximum period of one calendar month, calculated from the alleged fault attributed to the worker. Notwithstanding the foregoing, the legal prescription is interrupted from the moment, within the aforementioned period, the administrative act is signed attesting to the reported fact for the purpose of initiating the disciplinary process until its completion or, in its case, when the matter is submitted to the Mixed Board and its intervention is terminated. |
Article 59. Prescription. All actions or rights arising from labor laws and this Agreement prescribe within the term established therein. In disciplinary proceedings, the corresponding legal actions prescribe for MINEDUC within a maximum period of one calendar month, calculated from the alleged fault attributed to the worker. Notwithstanding the foregoing, the legal prescription is interrupted from the moment, within the aforementioned period, the administrative act is signed attesting to the reported fact for the purpose of initiating the disciplinary process until its completion or, in its case, when the matter is submitted to the Mixed Board and its intervention is terminated. |
Approved in Session 19 on Wednesday, July 17, 2024, the wording of the article is a literal copy of the previous article. |
Wednesday, July 24, 2024
Resumen
- The Ministry of Education proposes, regarding the approval of Article 60, that since subsection c) has an economic impact, they request that this article, like all those in the same situation, be discussed later. Both parties agree that all articles or subsections related to economic aspects will be discussed as a block, once the discussion of the rest of the articles that make up the Collective Bargaining Agreement project has been exhausted, according to the budgetary and financial availability of the Ministry of Education.
- Based on the prior agreement between the Ministry of Education and STEG, the content of Article 60 is partially approved.
- Article 61 on Professional Benefits is approved.
- Regarding the approval of Article 62 related to Educational Benefits, STEG presents a proposed wording for the article that includes School Medical Insurance, and the Ministry of Education presents another proposed wording for the article that includes the currently existing School Health Program. In the presentation of arguments, STEG stated that both the School Medical Insurance and the School Health Program, regardless of who provides the service, pursue the same goal of providing care to public sector students, so they request that the wording of article 62 remain as it is in the previous current Collective Bargaining Agreement.
- Despite not agreeing with the proposal, the Ministry of Education agrees to maintain the same wording of Article 62 with the caveat that its wording may vary if, in the interim of the negotiation, the Courts resolve the constitutional actions promoted by STEG against the entry into force of the School Health Program and the repeal of the School Medical Insurance.
Asistentes
| Grupo | Nombre |
|---|---|
| STEG | Joviel Acevedo Ayala |
| Rodrigo Eugenio Hernández Boche | |
| MINEDUC | Francisco Ricardo Cabrera Romero |
| José Donaldo Carías Valenzuela | |
| Ofelia del Carmen González Jácome | |
| Asesores MINEDUC | Luis Felipe Leiva |
| Carlos Aldana |
Comparación
| Articles of Previous Collective Bargaining Agreement in Force | Articles of Collective Bargaining Agreement Under Negotiation | Differences/Similarities |
|---|---|---|
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Article 60. Health of workers and their families. MINEDUC shall provide its workers and their families with the following benefits due to illness, accident, or maternity: If the suspension is granted by the Guatemalan Social Security Institute (IGSS) for temporary illness, accident, or maternity, MINEDUC will pay the suspended worker the portion of the salary not covered by said institution, up to 100% for the duration of the suspension. In case of illness, accident, or maternity in areas where the Guatemalan Social Security Institute (IGSS) does not provide coverage and the worker must cease attending work, MINEDUC shall cover 100% of the salary, within the framework of Article 67 of the Labor Code, subject to evaluation and certification by a competent State physician or a physician from the Solidarity Program that MINEDUC provides to the National Teaching Profession. MINEDUC may verify the results of the evaluation and the content of the certification through a physician it designates. MINEDUC will expand the Teaching Solidarity Program by an amount of Q26.00, which must be added to the amount already established, subject to consensus with the service provider to determine the areas for improvement of the program and, according to its financial possibilities, hospitalization, the benefit of which will be regulated. MINEDUC will request the expansion of common illness coverage from the Guatemalan Social Security Institute (IGSS) in departments where it does not exist. MINEDUC will provide each workplace with an appropriate first-aid kit, with medicines applicable for first aid. |
Article 60. Health of workers and their families. MINEDUC shall provide its workers and their families with the following benefits due to illness, accident, or maternity: a) If the suspension is granted by the Guatemalan Social Security Institute (IGSS) for temporary illness, accident, or maternity, MINEDUC will pay the suspended worker the portion of the salary not covered by said institution, up to 100% for the duration of the suspension. MINEDUC will establish the administrative procedure for this benefit to be effective, which will be timely informed to STEG. b) In case of illness, accident, or maternity in areas where the Guatemalan Social Security Institute (IGSS) does not provide coverage and the worker must cease attending work, MINEDUC shall cover 100% of the salary, within the framework of Article 67 of the Labor Code, subject to evaluation and certification by a competent State physician or a physician from the Solidarity Program that MINEDUC provides to the National Teaching Profession. MINEDUC may verify the results of the evaluation and the content of the certification through a physician it designates. MINEDUC will establish the administrative procedure for this benefit to be effective, which will be timely informed to STEG. c) Pending drafting and approval d) MINEDUC will request the expansion of common illness coverage from the Guatemalan Social Security Institute (IGSS) in departments where it does not exist. e) MINEDUC will provide each workplace with an appropriate first-aid kit, with medicines applicable for first aid. |
* Approved in Session 20 on Wednesday, July 24, 2024, the wording of the article has changes in relation to Article 60 of the previous Collective Bargaining Agreement in force:
- Letters a), b), c), d) and e) are assigned to the paragraphs that make up the Article.
- The final paragraph "MINEDUC will establish the procedure..." is added to literal a).
- The final paragraph "MINEDUC will establish the procedure..." is added to literal b). - As it is a literal that establishes monetary values, it is pending drafting and approval when the articles that depend on MINEDUC's budgetary allocation are negotiated. - Literal d) retains the literal wording approved in the previous Collective Bargaining Agreement in force. - Literal e) retains the literal wording approved in the previous Collective Bargaining Agreement in force. |
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Article 61. Professional benefits. MINEDUC shall grant or facilitate national and/or international scholarships to all workers who excel in their work; or shall support and authorize the corresponding leave with pay to workers who obtain scholarship opportunities through other means. It is understood that the referred scholarships must be considered to benefit the quality of services by having a direct relationship with the proper attributions of the position, and that the scholarship holder must comply with what is established in Article 60, numeral 1, literal C of the Civil Service Law Regulations. To this end, MINEDUC will develop the criteria that regulate the granting of said scholarships. |
Article 61. Professional benefits. MINEDUC shall grant or facilitate national and/or international scholarships to all workers who excel in their work; or shall support and authorize the corresponding leave with pay to workers who obtain scholarship opportunities through other means. It is understood that the referred scholarships must be considered to benefit the quality of services by having a direct relationship with the proper attributions of the position, and that the scholarship holder must comply with what is established in Article 60, numeral 1, literal C of the Civil Service Law Regulations. To this end, MINEDUC will develop the criteria that regulate the granting of said scholarships. |
* Approved in Session 20 on Wednesday, July 24, 2024, the wording of the article is a literal copy of Article 61 of the previous Collective Bargaining Agreement in force. |
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Article 62. Educational benefits. The Ministry of Education, in order to strengthen teaching activities and those corresponding to its technical, administrative or technical-administrative departments, will provide them with the necessary and sufficient materials, furniture and equipment for the development of their functions, as well as the identification of personnel in accordance with the roadmap prepared and supervised for this purpose by the authorities of the Ministry of Education and STEG; special emphasis is placed on the attention that MINEDUC will provide to teachers regarding didactic materials through the fund called didactic kit, which will be delivered in two installments per school year; likewise, direct financial transfer to the teacher, as a subsidy for the acquisition of technology equipment for didactic purposes, gradually according to financial possibilities. STEG requires that, to better develop the teaching exercise, in order to harmonize its labor relationship with students, MINEDUC fulfill its legal obligations to the latter, such as the gratuity fund, school supplies, textbooks, school meals, School Medical Insurance. Regarding the latter, the contracting will be carried out by the Ministry of Education with the State Public Entity Insurer. The Union of Education Workers of Guatemala, STEG, will ensure due compliance with the programs and will carry out monitoring and evaluations of the services it deems appropriate, which must be improved according to the possibilities of the State, and which must include all levels of the Public Education System. In its tutelage, STEG, in compliance with the provisions of the laws that regulate the country's educational process, will observe, in pursuit of constant improvement of said process, all its corresponding obligations, and to carry out a supervisory role on this matter, STEG will receive from MINEDUC the necessary transport and fuel for this purpose. |
Article 62. Educational benefits. The Ministry of Education, in order to strengthen teaching activities and those corresponding to its technical, administrative or technical-administrative departments, will provide them with the necessary and sufficient materials, furniture and equipment for the development of their functions, as well as the identification of personnel in accordance with the roadmap prepared and supervised for this purpose by the authorities of the Ministry of Education and STEG; special emphasis is placed on the attention that MINEDUC will provide to teachers regarding didactic materials through the fund called didactic kit, which will be delivered in two installments per school year; likewise, direct financial transfer to the teacher, as a subsidy for the acquisition of technology equipment for didactic purposes, gradually according to financial possibilities. STEG requires that, to better develop the teaching exercise, in order to harmonize its labor relationship with students, MINEDUC fulfill its legal obligations to the latter, such as the gratuity fund, school supplies, textbooks, school meals, School Medical Insurance. Regarding the latter, the contracting will be carried out by the Ministry of Education with the State Public Entity Insurer. The Union of Education Workers of Guatemala, STEG, will ensure due compliance with the programs and will carry out monitoring and evaluations of the services it deems appropriate, which must be improved according to the possibilities of the State, and which must include all levels of the Public Education System. In its tutelage, STEG, in compliance with the provisions of the laws that regulate the country's educational process, will observe, in pursuit of constant improvement of said process, all its corresponding obligations, and to carry out a supervisory role on this matter, STEG will receive from MINEDUC the necessary transport and fuel for this purpose. |
* Approved in Session 20 on Wednesday, July 24, 2024, the wording of the article is a literal copy of Article 62 of the previous Collective Bargaining Agreement in force. - MINEDUC clarifies that the wording of the article may vary if, during the negotiation, the Courts resolve the constitutional actions promoted by STEG against the entry into force of the School Health Program, which currently provides medical services to public sector students. |