Bolivia Daniel Gumucio
Bolivia Daniel Gumucio
Bolivia Daniel Gumucio
Abogados
The Legal 500 & The In-House Lawyer The Legal 500
Comparative Legal Guide
Bolivia: Employment & Labour Law (3rd edition) Daniel Gumucio Carrasco,
General Director
This country-specific Q&A provides an overview
to employment laws and regulations that may occur dgumucio@lawfirm-gumucio.com
in Bolivia.
Leave work for more than six days whit out permission.
Breach of contract
It would have to make agreements between the parties, which are framed in the law.
All social benefits would have to be paid, including eviction, which means the value of
three additional salaries.
There is no notice in our legislation, but, regarding payment, the payment of the
eviction could be granted, which is relative to three 3 months of salary.
In case the employer does not perform the procedure described in question seven, the
employee will have the right to choose, between collecting the payment of their social
benefits including the eviction, or request the reinstatement to their source of work, in
accordance with the Decree Supreme 28699. So the consequence for the employer
could be:
That the worker demands the payment of all his social benefits, including the fine of the
eviction, being able to accede before a labour judge in case of breach in the payment.
9. How, if at all, are collective agreements relevant to the
termination of employment?
In Bolivia there is Law No. 045 of October 8, 2010 "Law Against Racism and All Forms
of Discrimination". so the Bolivian worker is legally protected in this regard.
That the worker demands the payment of all his social benefits, including the fine of the
eviction, being able to accede before a labour judge in case of breach in the payment.
Yes, there are workers who have reinforced job stability or commonly known as
immobility, these are:
14. Are workers who have made disclosures in the public interest
(whistleblowers) entitled to any special protection from
termination of employment?
The labour regulations establishes the type of benefits that a worker must have who
has concluded a work relationship with the employer. In order for these social benefits
to be activated it is necessary that the worker had more than three (3) months old, in
the case of a worker being employed and one (1) month, in case of being a worker.
These benefits vary according to the time worked and if the worker has voluntarily
resigned or if he has been dismissed. Let's see:
Prima (in case the company has obtained profits at the end of the accounting
management)
Premium (in case the company has obtained profits at the end of the accounting
management)
It can reach an extra-legal agreement, but in which the worker does not renounce his
labour rights, but declares to have received the same, since in Bolivia labour rights are
inalienable by law.
It is not possible to restrict the right to work, since it is established in the Constitution
of the State.
Yes, you can, as long as the worker signed a confidentiality commitment document.
Yes, whenever the employer is obliged to issue a work certificate to the worker at the
conclusion of the work relationship
20. What, in your opinion, are the most common difficulties faced by
employers in your jurisdiction when terminating employment
and how do you consider employers can mitigate these?
The labour regime in Bolivia is quite biased in favour of the worker, so it is very
complicated to legally dismiss an employee. It is necessary to apply due process prior
to dismissal, which guarantees due process and the legitimate defence to the worker to
be sanctioned or dismissed.
It is important and basic for the employer, that in the workplace there is a suitable
employment contract and that the memoranda that are issued have the corresponding
legal effectiveness.
21. Are any legal changes planned that are likely to impact on the
way employers in your jurisdiction approach termination of
employment? If so, please describe what impact you foresee
from such changes and how employers can prepare for them?