64
64
64
Limited Access to Decent Work
80
60
60
25
60
100
80
100
75
0
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §1, 47, 52, 121 of General Labour Act, 1942; §2 and 3 of the Supreme Decree No. 107, 2009 | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §53 of General Labour Act, 1942; §42 and 43 Decree on Regulation of the General Labour Act, 1943 | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | Section 49 of the decree enacting the Regulation of the General Labour Act, 1943 | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | No | 0 | §31 of Decree on Regulation of the General Labour Act, 1943 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §46 and 55 of General Labour Act, 1942 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §46-51 and 55 of General Labour Act, 1942; §36 & 53 of Decree on Regulation of the General Labour Act, 1943 | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | No | 0 | §46 and 50 of the General Labour Act, 1942 | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §30 of Decree on Regulation of the General Labour Act, 1943 | No Change |
| Does the law require paid public holidays? | Yes | 1 | §2-3 of the Supreme Decree, 2016 (No.2750); §44 of General Labour Act, 1942 | No Change |
| Does the law require at least three working weeks of paid annual leave? | No | 0 | §44 of General Labour Act, 1942; §33 of Decree on Regulation of the General Labour Act, 1943 | 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 | §6, 7, 12 of General Labour Act, 1942; §7 and 14 of Decree on Regulation of the General Labour Act, 1943 | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §12 and 21 of General Labour Act, 1942; Ministerial Resolution (No. 283/62); §2 of Decreto Ley N° 16187, 1979 | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §13 of General Labour Act, 1942, §8 of Decree on Regulation of the General Labour Act, 1943 | No Change |
| Does the law require a 30-day notice period before employment contract termination? | No | 0 | §12 and 16 of General Labour Act, 1942 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | No | 0 | §13 and 16 of General Labour Act, 1942; §9 and 10 of Supreme Decree 28699, 2006 | 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*? | No | 0 | Supreme Decree, 2012 (No. 1212) | 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 | §61 of General Labour Act, 1942; §25 of the Supreme Decree, 1987 (No. 21637) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require maternity leave of at least 14 weeks? | No | 0 | §61 of General Labour Act, 1942 | 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 | §31 of the Decree Law No. 13214 of 1975; Supreme Decree 2009 (No. 0066); §3 of the Social Security Code, 1956 | 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 | §31 of the Decree Law No. 13214 of 1975; Supreme Decree 2009 (No. 0066); §3 of the Social Security Code, 1956 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §48 of the Constitution, 2009; §1 of Employment Security for Pregnant Women Act 1988; Supreme Decree, 2009 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §6.9 & 6.14 of General Law on Occupational Health, Safety and Welfare, 1979 | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §6.22-24 of General Law on Occupational Health, Safety and Welfare, 1979 | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §46 and 60 of General Labour Act, 1942; §2 of Act 1988 (No. 975); §8 and 274 of the OSH Law, 1979 | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | §66-68 of the Social Security Code 1956; §45-48 of the Law on Pensions, 2010 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §8, 20, 21 Law on Pensions, 2010 | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §37, 38, 39, and 61 of the Law on Pensions, 2010 | 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 | §39 & 71 of Social Security Code, 1956 | No Change |
| Does the law provide for invalidity benefits? | Yes | 1 | §31-33 of the Law on Pensions, 2010 | 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 | §48 the Constitution of Bolivia, 2009; §52 of General Labour Act, 1942 | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §11 and 21 of the Law on Violence against Women, 2013 (No. 348); §312c of the Penal Code, 1972 | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §14 & 48 of the Constitution of Bolivia, 2009; §281B & c of the Penal Code, 1972 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §46 and 48 of the Constitution of Bolivia, 2009; §6 of Supreme Decree No. 4401, November 26, 2020 | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Social Security Code 1956; ISSA Country Profile for Bolivia | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §8 & 58, General Labour Act 1939; §129 of the Child & Adolescent Code, 2014 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §81, Constitution, 2009; §1, 8–9 & 11–14 of the Avelino Siñani-Elizardo Pérez Education Law, 2010 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §58-59 General Labour Act, 1942; §5 & 136 of the Child & Adolescent Code, 2014 | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §15, 46, & 61, Constitution 2009; §291, Penal Code 2010; §34, Law againstTrafficking 2012 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §104 of the General Labour Act, 1939; ITUC Global Rights Index 2024 (Bolivia Profile); USDOS CRHRP 2023 (Bolivia) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | No | 0 | §104 of the General Labour Act, 1939; CEACR C98 Obs. 2023; ITUC Global Rights Index 2024 (Bolivia Profile) | No Change |
| Does the law provide the right to strike? | No | 0 | §114 of the General Labour Act, 1939; CEACR C87 Obs. 2023 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | No | 0 | CEACR C87 Obs. 2023; §234 of the Penal Code of Bolivia,1997 | No Change |