References
Legislative Decree No. 37 of 7 February 1944
Date:
14 Aug 1970;
Decree Law Nº 16187
Date:
18 Aug 1970;
Labour Code, updated to 2011<br/>(Ley del 24 de mayo de 1939 Ley General del Trabajo - Vigente y Actualizada 2011)
Date:
1 Jan 1970;
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Code on Labour Procedure, 1979
Date:
18 Aug 1970;
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Resolución Ministerial N º 283/62 del 13 de junio de 1962
Date:
16 Aug 1970;
Workers' categories excluded:
FTC regulated: Yes
Fixed term contracts are regulated with the Law Decree Nº 16187
Valid reasons for FTC use: objective and material reasons
Art. 1 of the Law Decree No Nu00ba 16187
: 2
Art. 2 of the Law Decree Nu00ba 16187
Maximum cumulative duration of successive FTCs: 12month(s)
Resoluciu00f3n Ministerial N u00ba 283/62 del 13 de junio de 1962
Maximum probationary (trial) period (in months): 3 month(s)
Art. 13 of the Labour Code
Valid grounds (justified dismissal):
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
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
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:
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.
Pay in lieu of notice: Yes
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
Notification to the public administration No
Notification to trade union (workers' representatives) No
Notification to workers' representatives: No
Approval by trade union (workers' representatives) 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
:
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)
: 0.25 month(s)
: 0.5 month(s)
: 1 month(s)
: 2 month(s)
: 4 month(s)
: 5 month(s)
: 10 month(s)
: 20 month(s)
: 0.12 month(s)
: 0.25 month(s)
: 0.5 month(s)
: 1 month(s)
: 2 month(s)
: 2.5 month(s)
: 5 month(s)
: 10 month(s)
mine workers: No
: Yes
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.
managerial / executive positions: Yes
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.
police: No
Only for collective labour disputes
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
Only in the case of collective labour dispute
Burden of Proof: employer
Article 3 (h) Code of Labour Procedure.