FTC regulated: Yes

Remarks

Fixed term contracts are regulated with the Law Decree Nº 16187

Valid reasons for FTC use: objective and material reasons

Remarks

Art. 1 of the Law Decree No Nº 16187

Maximum number of successive FTCs: 2

Remarks

Art. 2 of the Law Decree Nº 16187

Maximum cumulative duration of successive FTCs: 12month(s)

Remarks

Resolución Ministerial N º 283/62 del 13 de junio de 1962

Maximum probationary (trial) period (in months): 3 month(s)

Remarks

Art. 13 of the Labour Code

Valid grounds (justified dismissal): worker's conduct

Remarks

Art. 16 of the Labour Code sets out the following causes for the termination of employment and in these cases there is no entitlement to severance pay or compensation:
a) Cause intentional material damage to work instruments.
b) Revelation of industrial secrets.
c) Imprudence or omission to industrial security or hygiene.
d) Larceny or robbery committed by the employee.
e) Partial or complete breach of agreement.

(*translation from the document LABOR AND EMPLOYMENT DESK BOOK BOLIVIA C.R. & F. Rojas - Abogados)

Prohibited grounds: marital status, pregnancy, colour, sex, sexual orientation, religion, political opinion, nationality/national origin, age, trade union membership and activities, disability, financial status, language, birth, ethnic origin

Remarks

Art. 14 of the Bolivian Constitution
Regarding the trade union membership and activities, only the leaders of workers' organization are protected and they can not be dismissed without the prior authorization of a Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944)

Workers enjoying special protection: workers' representatives, pregnant women and/or women on maternity leave, workers with disabilities

Remarks

Art. 14 of the Constitution of Bolivia (general provisions on non discrimination)
Regarding the trade union membership and activities, only the leaders of workers' organization are protected and they can not be dismissed without the prior authorization of a Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944)

Notification to the worker to be dismissed: no specific form required

Notice period:

Remarks

Art. 12 of the LC provides for the following notice periods:

1. Labour contract with workers (”obreros"):
a.) 1 week of advance notice for contracts longer than one month;
b.) 15 days of advance notice for contracts longer than six months;
c.) 30 days of advance notice period for contracts longer than one year.

2. Labour contracts with employees ("empleados") require a notice period of 90 days if the contract has been consecutively longer than 3 months.

Note: the difference between “worker” and “employee” can be found in Article 2 of the Labour Code; the difference is based on the nature of the tasks for which they are contracted.

tenure ≥ 6 months:

  • permanent workers: 3 month(s).
  • temporary worker: 1 week(s).

tenure ≥ 9 months:

  • permanent workers: 3 month(s).
  • temporary worker: 15 day(s).

tenure ≥ 2 years:

  • permanent workers: 3 month(s).
  • temporary worker: 30 day(s).

tenure ≥ 4 years:

  • permanent workers: 3 month(s).
  • temporary worker: 30 day(s).

tenure ≥ 5 years:

  • permanent workers: 3 month(s).
  • temporary worker: 30 day(s).

tenure ≥ 10 years:

  • permanent workers: 3 month(s).
  • temporary worker: 30 day(s).

tenure ≥ 20 years:

  • permanent workers: 3 month(s).
  • temporary worker: 30 day(s).

Pay in lieu of notice: Yes

Remarks

Art. 12 of the Labour Code

Notification to the public administration: No

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Definition of collective dismissal (number of employees concerned): Redundancy dismissal is not allowed in law

Prior consultations with trade unions (workers' representatives): No

Notification to the public administration: No

Notification to workers' representatives: No

Approval by public administration or judicial bodies: No

Approval by workers' representatives: No

Priority rules for collective dismissals (social considerations, age, job tenure): No

Employer's obligation to consider alternatives to dismissal (transfers, retraining...): No

Priority rules for re-employment: No

Severance pay:

Remarks

When the worker retires against his/hers own will the employer is obliged to pay compensation corresponding to one months' salary for each year of service. If the service was less than one year, payment is made proportionally to the months worked, deducting the first three months of the probationary period, except in the case of fixed term contract, from which no deduction is made. (Art. 13 of the Labour Code)

tenure ≥ 6 months: 0.25 month(s)

tenure ≥ 9 months: 0.5 month(s)

tenure ≥ 1 year: 1 month(s)

tenure ≥ 4 years: 4 month(s)

tenure ≥ 5 years: 5 month(s)

tenure ≥ 10 years: 10 month(s)

tenure ≥ 20 years: 20 month(s)

Redundancy payment:

tenure ≥ 6 months: 0.12 month(s)

tenure ≥ 9 months: 0.25 month(s)

tenure ≥ 1 year: 0.5 month(s)

tenure ≥ 2 years: 1 month(s)

tenure ≥ 4 years: 2 month(s)

tenure ≥ 5 years: 2.5 month(s)

tenure ≥ 10 years: 5 month(s)

tenure ≥ 20 years: 10 month(s)

Compensation for unfair dismissal - free determination by court: No

Compensation for unfair dismissal - Are there legal limits?: Yes

Compensation for unfair dismissal - Legal limits (ceiling in months or calculation method): Article 13 of Labour Code provides that when the worker is dismissed by the employer for unfair reasons, the employer shall be obliged, regardless of the eviction, to compensate the worker for the time of service, with the sum equivalent to one month's salary or salary for each year of continuous work; and if the services do not reach one year, proportionally to the months worked; it will be computed from the date in which they were hired, verbally or in writing, including the months that are considered proof. Only the period corresponding to the initial period of the first three months is deemed to be a trial period, but not to subsequent periods resulting from renewal or extension. If the worker had more than 8 years of service, the compensation to be paid will be in qual amount of the one to be paid in case of voluntary dismissal.

Reinstatement available: Yes

Remarks

Articles 10 and 11 of Supreme Decree No. 28699 provides for the possibility for employees to choose between reinstatement or compensation in case of unfair dismissal.
If the employee opts for reinstatement, he/she can request the Labour Authority to issue a reinstatement order, provided that the dismissal is proved to be unjustified.

Preliminary mandatory conciliation: No

Remarks

Only for collective labour disputes

Competent court(s) / tribunal(s): labour court

Remarks

Article 6 of Labour Code Procedure provides that the special jurisdiction of labour and social security is exercised permanently:

a) By the Labour and Social Security Courts, as first instance courts;
b) By the National Labour and Social Security Court, as the Court of Appeal; and
c) By the Supreme Court of Justice in its Social and Administrative Chamber, as Court of Cassation.

Existing arbitration: No

Remarks

Only in the case of collective labour dispute

Burden of Proof: employer

Remarks

Article 3 (h) Code of Labour Procedure.