Bolivia (BO)
Bolivia is South America's highest and most landlocked country — a plurinational state of dramatic contrasts, from the world's highest navigable lake (Titicaca at 3,812m) and the vast salt flats of Uyuni to the tropical Amazon basin.
Employment Rights
Sick leave, dismissal protection and red flags in Bolivia.
Bolivian employment law is governed by the Código Laboral (DS 224/1943, updated through subsequent decrees). The law heavily favours employees — termination without cause triggers substantial severance (desahucio + indemnización). Formal employment contracts are mandatory. Foreign workers require an Autorización de Trabajo (AT) from the Ministerio de Trabajo and are subject to the 15% foreigner quota rule (Art. 9 Código Laboral). Minimum wage (Salario Mínimo Nacional) is Bs.3,300/month from 1 January 2026 (DS 5516 — a 20% increase from Bs.2,750 in 2025; set exceptionally in January 2026 rather than the traditional May Day announcement).
Sick leave
Rules: Employees are entitled to sick leave with a medical certificate (certificado médico) from any licensed doctor. Unlimited duration with ongoing medical certification — CNS will assess long-term cases for disability pension after 26+ weeks. Employer must maintain job security during medically certified sick leave.
Doctor note: Medical certificate required from day 1 of absence. Obtain certificate from CNS policlínico (for CNS-insured workers) or any licensed private doctor. Submit to employer within 48 hours of first absence day. CNS may audit certificates — use a legitimate licensed physician.
Employer pay: Days 1–3: employer pays 100% of salary. From day 4 onwards: CNS pays 75% of salary directly (or via employer, depending on arrangement). Employer must ensure the worker receives at minimum 75% of salary from day 4. Some collective agreements require employer to top up CNS payment to 100%.
Long-term: After 26 weeks of continuous illness: CNS medical panel (comisión médica) evaluates for permanent disability (pensión de invalidez) through Gestora Pública. Disability pension: 70% of average salary of best 5 contribution years. Worker can also apply for total or partial disability reclassification. Duration of CNS sickness benefit: up to 52 weeks for serious illness with panel approval.
Dismissal protection
Law: Art. 10 and Art. 12 Código Laboral: workers dismissed without justified cause (retiro forzoso/indirecto) receive desahucio = 90 days salary (3 months) + indemnización = 1 month salary per year worked (calculated on last 3 months average). Justified causes for dismissal (retiro justificado): serious misconduct, repeated tardiness after warnings, theft, workplace violence — employer must prove cause. Pregnant women: protected by Inamovilidad (cannot be dismissed during pregnancy or up to 1 year post-birth without judicial approval). Trade union leaders: cannot be dismissed without Ministerio de Trabajo authorisation.
Deadline to sue: Claims for unpaid severance or wrongful dismissal: submit to Jefatura Departamental del Trabajo within 2 years of dismissal. File complaint at Ministerio de Trabajo (Jefatura) in the department where employed. Bring: employment contract, payslips (últimas boletas), dismissal letter (carta de despido). Free process — no filing fee.
Probation
Probation period (período de prueba): 3 months maximum. During probation, either party may terminate without cause and without severance payment. After 3 months of continuous employment, full protections apply — dismissal without justified cause triggers desahucio (90-day compensation) plus indemnización (1 month salary per year worked). Written probation terms recommended. Employer must not misuse repeated probation periods to avoid permanency.
Notice periods
Employer dismissing without cause: must provide 90 days notice OR pay desahucio (3 months salary) in lieu of notice. Employee resigning (renuncia voluntaria): standard notice is 30 days, but no legal minimum is established — follow contract terms. Long-serving employees resigning after 5+ years: entitled to indemnización (1 month per year) at resignation. Immediate dismissal for serious cause: no notice required but employer must document cause.
Working time
Max hours: 48 hours per week maximum (Art. 46 Código Laboral). Standard: 8 hours/day, 6 days/week. Women and workers under 18: maximum 40 hours/week. Night work (10pm–6am): maximum 7 hours/night, paid at 25% premium. Workers in hazardous or underground activities have reduced maximums — check sector-specific regulations.
Min rest: Minimum 11 continuous hours between working days. Weekly rest: at minimum 1 full day off per week (Sunday standard, or the agreed weekly rest day). Mandatory 30-minute rest break per working day (Código Laboral Art. 48). Public holidays (17 national): paid at regular rate — work on public holidays paid at 100% premium.
Overtime: Overtime (horas extra) permitted with worker consent — maximum 2 hours/day, 10 hours/week. Rate: 100% above normal hourly rate (double pay). Night overtime: 200% above normal (triple pay). Employer cannot routinely require overtime — systematic overtime in lieu of adequate staffing is a labour violation. Track overtime in writing.
Vacation
Annual paid leave (vacaciones): 15 working days after 1 year of continuous service. Increases to 20 days after 5 years, 30 days after 10+ years. Leave must be scheduled within the following 12 months — employer cannot deny leave indefinitely. Unused leave can be paid out at termination. Annual leave is in addition to 17 national public holidays. Aguinaldo (13th month bonus) paid in December = 1 month salary for full-year workers, prorated for partial years.
Anti-discrimination
Bolivia's 2009 Political Constitution (Art. 14, 48) prohibits employment discrimination on grounds of: sex/gender, race, ethnicity (including indigenous identity), disability, political opinion, religion, pregnancy, union membership, sexual orientation, and HIV status. Harassment (acoso laboral/sexual) at work is a criminal offence under Ley 045 (anti-racism, 2010) and Ley 348 (sexual violence, 2013). File discrimination complaints at Jefatura Departamental del Trabajo or Defensoría del Pueblo (defensoria.gob.bo | 1-800-10-7090). Sexual harassment: also reportable to FELCV (800-10-0200).
Contract red flags
- !Employer offers only verbal contract (contrato verbal) — all employment contracts must be in writing; insist on a written Contrato de Trabajo signed by both parties
- !Employer does not register you with CNS (Caja Nacional de Salud) within 5 business days — this is legally mandatory; you should receive a CNS card
- !Employer pays cash without payslips (boletas de pago) — payslips must be issued monthly; required for any labour claim
- !Employer requests you work on "civil contract" (contrato civil, honorarios) when the role is clearly employment — this denies you severance, CNS and Gestora rights; check with Ministerio de Trabajo
- !Contract specifies waiver of severance or indemnización rights — any such clause is void under Bolivian law
- !Employer does not obtain Autorización de Trabajo (AT) for you as a foreign worker — you risk working illegally; employer must apply for AT before you start
- !Probation period stated as more than 3 months — 3 months is the legal maximum
- !No mention of Salario Mínimo Nacional compliance — ensure pay is at or above Bs.3,300/month (from Jan 2026, DS 5516; was Bs.2,750 in 2025)
- !Employer deducts money from salary beyond the legal 12.21% social contribution without written explanation — query any deduction not matching your contract
Employment Rights
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