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Bolivia - Substantive requirements for dismissals


Substantive requirements for dismissals (justified and prohibited grounds) - Bolivia - 2011    

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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; disabilities; 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: pregnant women and/or women on maternity leave; workers with disabilities; workers holding an elected position or discharging a public function
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)