82.5
82.5
82.5
Approaching Access to Decent Work
100
60
60
50
100
100
80
100
100
75
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §92 of the Constitution of Paraguay 1992; §249-260, , 290, 291, 385, 390, 407, 408 of the Labour Code, 1993 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §231 & 232 of the Labour Code, 1993 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §234 of the Labour Code 1993 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §213 of the Labour Code, 1993 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §234 of the Labour Code, 1993 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §193-211 & 234 of the Labour Code, 1993; Law N°6339 on regulating the Part Time Employment | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §201 of the Labour Code 1993 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §154(a). 200, 205, 212, 213 & 215 of the Labour Code, 1993 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §217 of the Labour Code, 1993 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §218-226 of the Labour Code, 1993 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §43-49 of the Labour Code, 1993; Ley núm. 6305, de 7 de junio de 2019 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | No | 0 | §49-50 of the Labour Code, 1993; Law No. 4951 of 2013 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §58-60 of the Labour Code, 1993 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §78-91 of the Labour Code, 1993 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §79 of the Labour Code, 1993 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §13(b) of the Law no. 5508/2015 on the promotion and protection of motherhood and breastfeeding support | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §134 of the Labour Code, 1993; §14 & 17-19 of the Law no. 5508/2015 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §6g(9) of the Law on Comprehensive Protection of Women Against all Forms of Voilence, 2018 (No. 5777) | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §11 of the Law no. 5508/2015 on the promotion and protection of motherhood and breastfeeding support | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §12 of the Law no. 5508/2015 on the Promotion and Protection of Motherhood and Breastfeeding Support | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §12 of the Law no. 5508/2015 on the Promotion and Protection of Motherhood and Breastfeeding Support | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §128 & 136 of the Labour Code, 1993; §15 of the Law no. 5508/2015 on motherhood and breastfeeding | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §272 of the Labour Code, 1993; §249(5) of the Decree No. 14.390 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §276 of the Labour Code, 1993; §15 of the Decree No. 14.390 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §130-135 of the Labour Code, 1993 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Decree Law No 1860/50 on Establishment of Social Security; ISSA Country Profile for Paraguay | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §60 of the Decree Law No 1860/50 on Establishment of Social Security; ISSA Country Profile for Paraguay | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §62 of the Decree Law No 1860/50 on Establishment of Social Security; ISSA Country Profile for Paraguay | No Change |
| Does the law provide for unemployment benefits? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §1 of Law No. 3803 amended by Law No. 6211; ISSA Country Profile for Paraguay | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §62 of the Law 1860/50 on Establishment of Social Security; ISSA Country Profile for Paraguay | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | Yes | 1 | §92 of the Constitution of Paraguay 1992; §229 of the Labour Code, 1993 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §81 & 84 of the Labour Code, 1993; §59 & 133 of the Penal Code 160/97 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §88 of the Constitution of Paraguay 1992; §09 of the Labour Code, 1993; Law No. 5777/2016 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §86 of the Constitution of Paraguay 1992 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Decree Law No 1860/50 on Establishment of Social Security; ISSA Country Profile for Paraguay | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §119-127, Labour Code, 1993; §1 of Law No. 2332, 2003; §58, Childhood & Adolescence Code, 2001 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | Yes | 1 | §2 of Law No. 4088, 2010; §32 of the General Education Law No. 1264, 1998; Decree 6162, 2011 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §54 of the Childhood & Adolescence Code, 2001; §122 & 125 of the Labour Code, 1993 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §10, Labour Code 1993; §5-7 & 35, TiP Law 2012; §125, 129, 223, & 320, Penal Code 1997 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §42 & 96 of the Constitution of Paraguay 1992; §283-302 of the Labour Code, 1993; CEACR C87 Obs. 2022 | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | §97 of the Constitution of Paraguay 1992; §326-349 of the Labour Code, 1993; Decree No. 1732/2014 | No Change |
| Does the law provide the right to strike? | Yes | 1 | §97-98 of the Constitution of Paraguay 1992; §358-378 of the Labour Code, 1993 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §368 of the Labour Code, 1993 | No Change |