Labour Code - Act No. 213 establishing the Labour Code, dated 29 October 1993 (Gaceta Oficial No. 105 bis, 29 October 1993, pp. 1-30), as amended up to Law No. 3384/2007.
Remarks: The Labour Code applies to: - Workers performing an intellectual work (proffesionals), manual workers and technicians, and their employers. Teachers in private educational institutions and those engaged in the professional sport. - Labour Unions of workers and employers in the private sector. - Workers in State and Municipalities undertakings. - The rest of workers of the State whether from the central administration or from other decentralized entities. The Armed Forces and Police workers are excluded from the application of the Labour Code. Art.2
Other source used
2011 Human Rights Report: Paraguay, US Department of State.
"Employee" shall mean any person that carries out work or renders material, intellectual or mixed services to another person according to a labour contact.
Labour Code Art.21
Employer
"Employer" shall mean any natural or legal person that profits from the services rendered by one or more workers according to a labour contract.
Labour Code Art.24
Wage
"Wage" shall mean the remuneration calculated in cash which is owed by an employer to a worker due to the rendering of services or execution of works that the worker had performed or must perform in accordance with the labour contract.
Labour Code Art.227
Minimum wage
"Minimum wage" shall mean a wage which is sufficient to satisfy the normal living needs of a worker such as: food, living, clothes, transport, culture, recreation.
Labour Code Art.249
MINIMUM WAGE FIXING
Procedure
Government decides after tripartite or bipartite body discussions/recommendations
Minimum wages are set by the government according to a proposal made by the National Minimum Wage Council. The National Minimum Wage Council is a tripartite institution made up of three government representatives, three employers’ representatives and three workers’ representatives.
Labour Code Art.252, 254
Minimum wage set through decentralized collective bargaining
Wages can be fixed by collective agreement. Collective agreements have no legal effect unless acknowledged and registered by the labour administrative authority. The wage set by collective agreement can not be lower than the minimum wage rate set by the government.
Labour Code Art.259
Criteria
Needs of workers and their families
In order to fix the minimum wage it shall be taken into account the cost of living of a working-class family.
Labour Code Art.250(a)
Cost of living
In order to fix the minimum wage it shall be taken into account the cost of living of a working-class family. The minimum wage shall be adjusted when a variation in the cost of living arises in a percentage of at least 10%.
Labour Code Art.250(a),256
Level of wages and incomes in the country
The general level of wages in the country or region shall be taken into account for adjusting the minimum wage rate.
Labour Code Art.250(b)
Economic development
The minimum wage shall be adjusted when an important variation in the economic and financial conditions occurs.
Labour Code Art.256 a)
Productivity
In order to fix the minimum wage it shall be taken into account the nature of the work and the productivity.
Labour Code Art.250(d)
Other provisions
Any relevant factor affecting to the cost of living of the worker shall be taken into account when fixing the minimum wage.
Labour Code Art.250f)
Coverage
Scope
The minimum wage is paid to all workers in the Republic (eighteen years of age or older) for the work done during legal working hours.
Labour Code Art.257 Decree n° 6472 Recital
Specific minimum wage rates
» Specific minimum wage by region
There are specific minimum wages by region: the territory of the Republic is divided into urban and rural areas, after careful study of their specific economic conditions.
Labour Code Art.251
» Minimum wage levels for specific categories of workers
» Trainees
Apprentices’ remuneration can be determined by individual agreement between the apprentice and employer. It may not be less than 60% of the minimum wage.
Labour Code Art.105
Remarks: Apprentice shall mean a person who renders services to an employer in exchange for the teaching of a profession, art or trade by the employer or anyone else on behalf of the employer and in exchange for remuneration. Labour Code Art.105
» Domestic Workers
The remuneration in cash of domestic workers shall not be lower than the 40% of the minimum wage. Unless otherwise agreed between the parties, in addition to the payments in cash, the worker is entitled to receive food, and for those workers living in the household a room.
Labour Code Art.151
Remarks: Domestic worker is a male or female worker who regularly performs tasks like of cleaning and assistance in a household. To this respect domestic workers are considered the workers among others in the following occupations; household chauffeurs, carers, gardeners, cooks, babysitters, cleaners. These workers may live in or out of the household. Art.148
» Youth
The remuneration of minors (a person under 18 years of age) shall be set at an initial salary of not less than 60% of the minimum wage and a progressive scale based on years effectively worked. If a minor performs work of the same nature, duration and efficiency of that of an adult, the full minimum wage shall be paid to the minor.
Labour Code Art.126
» Disabled
Disabled workers: Remuneration for physically and mentally disabled persons can be lower than the minimum wage.
Labour Code Art.257
» Piece-rate workers
Daily minimum wage for piece-rate workers shall not be lower than the sum resulting from dividing the monthly minimum wage by 26.
Labour Code Art.232(a)
Level
The minimum wage rate is periodically adjusted in a percentage from the preceding rate applicable. The last adjustment (2011) was fixed in 10% increase, in 2010 was adjusted in a 7% increase, and in 2009 in a 5% increase from the preceding minimum wage rate. Therefore the legislation does not provide an exact amount but a percentage adjustment.
Decree n° 6472
Minimum wage level(s) in national currency
The minimum wage is adjusted in a 10% increase from the rate of 2010, and therefore in the rate of G 1.658.200 per month from the 20 April 2011.
Decree n° 6472 Art.1 2011 Human Rights Report: Paraguay
Last minimum wage update
20 April 2011
Decree n° 6472
In-kind allowances
Workers can receive up to a 30% of their salary in kind. Remuneration paid in cash to domestic servants can not be lower than 40% of the minimum wage.
Labour Code Art.231
Rate of payment
» Monthly
The minimum wage rate is to be calculated per month.
Decree n° 6472 2011 Human Rights Report: Paraguay
Scheduled frequency of adjustment
Minimum wages shall be fixed every two years. If the government does not change the minimum wage rate, the agreed rate shall continue to apply for another two-year term. The government may change the minimum wage before the completion of the two-year term if: a. There is a significant alteration in the conditions of a sector or industry due to economic-financial factors; b. There is a variation of at least 10 % of the cost of living.
Labour Code Art.255,256
Enforcement mechanisms
Labour inspection
The compliance and application of labour standards are ensured by the competent administrative authority, through an effective service of inspection and monitoring.
Labour Code Art.408
Fines in national currency for non-respect of legislation
Fines for non compliance with legal provisions may vary between 10 and 30 daily minimum salaries for each worker affected. In case of repeat offences the amount shall be doubled.
Labour Code Art.385
Results generated on: 20th April 2024 at 06:17:27.
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