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> GOVERNANCE - home > Employment protection legislation database - EPLex > Bolivia

Bolivia - Substantive requirements for dismissals


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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) Intentional material damage to working tools/ instruments
    b) Revelation of industrial secrets
    c) Imprudence or omission impacting industrial security or hygiene
    d) Partial or complete breach of agreement
    e) Larceny or robbery committed by the employee


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:
  • With the adoption of Supreme Decree No. 28699, of 1st May 2006, any dismissal that is based on grounds that are not included in the list established by Article 16 LC is to be considered against labour stability; and the worker affected can request the Labour Authority to order his/her reinstatement.
    Therefore, only the grounds based on worker’s conduct are not prohibited (Art. 10, Supreme Decree No. 28699).

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

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with disabilities
Remarks:
  • Article 14 of the Constitution: General provision against discrimination

    Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


+ show references



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) Intentional material damage to working tools/ instruments
    b) Revelation of industrial secrets
    c) Imprudence or omission impacting industrial security or hygiene
    d) Partial or complete breach of agreement
    e) Larceny or robbery committed by the employee


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:
  • With the adoption of Supreme Decree No. 28699, of 1st May 2006, any dismissal that is based on grounds that are not included in the list established by Article 16 LC is to be considered against labour stability; and the worker affected can request the Labour Authority to order his/her reinstatement.
    Therefore, only the grounds based on worker’s conduct are not prohibited (Art. 10, Supreme Decree No. 28699).

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

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with disabilities
Remarks:
  • Article 14 of the Constitution: General provision against discrimination

    Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


+ show references



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) Intentional material damage to working tools/ instruments
    b) Revelation of industrial secrets
    c) Imprudence or omission impacting industrial security or hygiene
    d) Partial or complete breach of agreement
    e) Larceny or robbery committed by the employee


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:
  • With the adoption of Supreme Decree No. 28699, of 1st May 2006, any dismissal that is based on grounds that are not included in the list established by Article 16 LC is to be considered against labour stability; and the worker affected can request the Labour Authority to order his/her reinstatement.
    Therefore, only the grounds based on worker’s conduct are not prohibited (Art. 10, Supreme Decree No. 28699).

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

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with disabilities
Remarks:
  • Article 14 of the Constitution: General provision against discrimination

    Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


+ show references



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) Intentional material damage to working tools/ instruments
    b) Revelation of industrial secrets
    c) Imprudence or omission impacting industrial security or hygiene
    d) Partial or complete breach of agreement
    e) Larceny or robbery committed by the employee


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:
  • With the adoption of Supreme Decree No. 28699, of 1st May 2006, any dismissal that is based on grounds that are not included in the list established by Article 16 LC is to be considered against labour stability; and the worker affected can request the Labour Authority to order his/her reinstatement.
    Therefore, only the grounds based on worker’s conduct are not prohibited (Art. 10, Supreme Decree No. 28699).

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

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with disabilities
Remarks:
  • Article 14 of the Constitution: General provision against discrimination

    Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


+ show references



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) Intentional material damage to working tools/ instruments
    b) Revelation of industrial secrets
    c) Imprudence or omission impacting industrial security or hygiene
    d) Partial or complete breach of agreement
    e) Larceny or robbery committed by the employee


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:
  • With the adoption of Supreme Decree No. 28699, of 1st May 2006, any dismissal that is based on grounds that are not included in the list established by Article 16 LC is to be considered against labour stability; and the worker affected can request the Labour Authority to order his/her reinstatement.
    Therefore, only the grounds based on worker’s conduct are not prohibited (Art. 10, Supreme Decree No. 28699).

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

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


Workers enjoying special protection: workers' representatives; pregnant women and/or women on maternity leave; workers with disabilities
Remarks:
  • Article 14 of the Constitution: General provision against discrimination

    Trade union leaders: Under Art. 14 of the Bolivian Constitution, with respect to trade union membership and activities, only the leaders of workers' organizations are protected; they cannot be dismissed without prior authorization from the Labour Court. (Art. 2 of the Legislative Decree No. 37 of 7 February 1944).

    Maternity protection: Article 61 of the Labour Code; Supreme Decree No. 12 of 19 February 2009

    Protection of workers with disabilities (and their family members, under certain conditions): Supreme Decree No 27477, of 6 May 2004


+ show references



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: 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)


+ show references



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: 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)


+ show references



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: 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)


+ show references



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: 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)