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Bolivia
 


Source and scope of regulations - 2012    

References
  • Legislative Decree No. 37 of 7 February 1944
    Date: 07 Feb 1944
  • Decree Law Nº 16187
    Date: 16 Feb 1979
  • Labour Code, updated to 2011
    (Ley del 24 de mayo de 1939 Ley General del Trabajo - Vigente y Actualizada 2011)
    Date: 2011; view website »
  • Code on Labour Procedure, 1979
    Date: 25 Jul 1979; view website »
  • Resolución Ministerial N º 283/62 del 13 de junio de 1962
    Date: 13 Jun 1962
Scope
Workers' categories excluded: agricultural workers
Remarks:
  • Art. 1 of the Labour Code

Types of employment contracts - 2012    

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

Remarks:
  • Art. 13 of the Labour Code

Fixed term contract (FTC):
  • 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: 12 month(s)
    Remarks:
    • Resolución Ministerial N º 283/62 del 13 de junio de 1962

Substantive requirements for dismissals (justified and prohibited grounds) - 2012    

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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)


Procedural requirements for individual dismissals - 2012    

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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. In the case of the contract of employment with workers "obreros":
    a.) after one month of service the notice period is one week;
    b.) after six months of service the notice period is 15 days;
    c.) after one year of service the notice period is 30 days.
    2. In the case of the contract of employment with employees "empleados" after three moths of service the notice period is 90 days.

    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

    Procedural requirements for collective dismissals for economic reasons (redundancy, retrenchment) - 2012    

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    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 and redundancy payment - 2012    

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    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)

      Avenues for redress (penalties, remedies) and litigation procedure for individual complaints - 2012    

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      Compensation for unfair dismissal - free determination by court: No

      Reinstatement available:

      Remarks:
      • No provision found on this

      Preliminary mandatory conciliation: No

      Remarks:
      • Only for collective labour disputes

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

      Remarks:
      • The procedure is governed by the Code on Labour Procedure, 1979, (Código de procedimiento laboral 1979)

      Existing arbitration: No

      Remarks:
      • Only in the case of collective labour dispute