Employers are not explicitly restricted from seeking information about an applicant’s past history, health status, or criminal record.

The probation period for employees is capped at a maximum duration of three months. While it is feasible to extend or renew the probation period, the law does not specify any particular limitations. It is crucial to highlight that fixed-term contracts usually do not incorporate a probation period.

The regular working schedule for employees consists of eight hours per day and 48 hours per week, exclusive of breaks. However, women benefit from a reduced standard weekly working schedule of 40 hours.

In adherence to labor regulations, employees are entitled to a rest break after every five hours of work, with the maximum duration for these breaks set at two hours per day.

Compensating for overtime work entails an additional salary of 100%, and the overtime hours should not surpass two hours per day. This 100% supplementary pay is also applicable to tasks performed on holidays. When it comes to work conducted on Sundays, employees have the right to compensation equivalent to three times their daily wage. Alternatively, they may opt for paid leave on another working day, as decided by the management.

Employers must keep a record of the Christmas bonuses disbursed to employees.

Profit Bonus: All employees must receive an additional monthly salary when a company generates annual profits. However, there is a cap of 25% of the company’s profits for this additional payment. If the allocated amount is insufficient to cover all employees, they will receive a proportionate payment based on individual entitlement.

Christmas Bonus: At the end of each year, employees are eligible for an extra monthly salary or a prorated payment if their tenure is less than a year. The Christmas bonus is exempt from taxation and social security contributions. Employers are required to prepare and submit a dedicated payroll to document Christmas bonus payments. Additionally, the Bolivian Government has approved a second Christmas bonus, disbursed annually if the country’s GDP exceeds 4.5%, as determined in October of each year.

Seniority Bonus: Employees with continuous service of two years or more qualify for a seniority bonus. The bonus is calculated based on three times the national minimum wage, with percentages determined as follows:
 

• Two to four years of continuous service: 5%
• Five to seven years of continuous service: 11%
• Eight to ten years of continuous service: 18%
• Eleven to 14 years of continuous service: 26%
• Fifteen to 19 years of continuous service: 34%
• Twenty to 24 years of continuous service: 42%
• Twenty-five or more years of continuous service: 50%

An employer holds the right to terminate an employee based on valid grounds specified in labor laws without the obligation to make any payments. Moreover, internal rules and disciplinary procedures outlined in the employer’s internal regulations, which employees are required to accept, can also serve as justifications for dismissal. An employer can unilaterally terminate an employment relationship at any time, even for reasons not specified in labor law. In such cases, the employee has the following options:

1. Accept dismissal and receive severance compensation if entitled.

2. Insist on reinstatement and continue working in the same job and pay grade.

• In this scenario, the employee must initiate the administrative procedure with the Ministry of Labor.
• To uphold the dismissal, the employer must prove that the employee is not entitled to reinstatement.

Upon termination, the employer in Bolivia is required to provide the Ministry of Labor with a document certifying their compliance with social security obligations and the absence of any outstanding debts.

In Bolivia, female employees and their spouses or partners are protected against termination for one year following the birth of a child. Additionally, union leaders and disabled employees are granted specific protections from termination.

There is no specified mandatory notice period for the termination of employment in Bolivia.

Employees are entitled to severance pay in the event of unjustified dismissal. The severance pay is calculated at one month’s salary for each year of service, including any incomplete year for fixed-term employees.

However, the employer is not required to offer severance pay if the employee is dismissed before completing the 90-day probation period.

Post-employment non-compete clauses may be included in employment contracts.

Explicit regulations outlining specific data protection obligations for employers are not in place. However, pertinent laws and regulations related to data protection in the country encompass the Bolivian Constitution, General Telecommunications Law, and Regulation for the Development of Technology of Information and Communication (RDTIC).

Although there are no explicit legal mandates in Bolivia concerning payslips, it is recommended for employers to furnish employees with comprehensive payslips that delineate salary particulars, deductions, and other pertinent information.

Employees are entitled to paid annual leave following one year of service, structured as follows:

• One to five years of service: 15 working days
• Five to ten years of service: 20 working days
• After ten years of service: 30 working days

Annual leave is not interchangeable or compensable with a monetary payment, except in instances of employment contract termination. Nevertheless, any unused annual leave can be accrued as per a prearranged written agreement.

Employees in Bolivia are entitled to paid sick leave upon presenting a medical certificate, although the specific duration is not explicitly defined by law.

Compensation for sick leave begins from the fifth day of illness and can extend for a maximum of 26 weeks within a one-year period. If continuous medical treatment can prevent permanent disability, an additional 26 weeks of sick leave may be granted.

Throughout sick leave, employees are entitled to receive their full salary. Employers may seek reimbursement from social security schemes, covering 75% (for common illnesses) or 90% (for work-related accidents or pregnancy-related inability to work) of the salaries paid to the employee during the sick leave period.

Female employees in Bolivia are entitled to 90 days of fully paid maternity leave for each child’s birth, with 45 days designated as pre-natal leave.

As per social security regulations, pregnant employees or their spouses are eligible for a pre-natal subsidy from the fifth month of pregnancy. Additionally, they receive a nursing subsidy until the child turns one. Employers provide these subsidies, consisting of monthly supplies of dairy and nutritional products equivalent to one monthly national minimum wage.

Female employees are granted one hour per day for breastfeeding during the child’s first year, as specified by the employer. This hour is not included in the calculation of the two-hour break entitlement.

Paternity Leave:

Male employees in Bolivia can avail themselves of three days of paternity leave upon presenting a medical certificate. Full payment during the paternity leave period is the responsibility of the employer.

Employees are permitted to request a daily leave of two hours for vocational training purposes. To qualify, the employee must have a minimum of six months of service with the employer and provide the registration certificate or a regular student certificate from the educational institution. Importantly, this leave does not impact the employee’s remuneration.

Compensation for the leave hours is required on the same working day, with an equal number of hours. These compensated hours are not considered as overtime.

Bolivia commemorates 10 national holidays each year.

Additionally, two half-day holidays are recognized: Father’s Day on March 19th and Mother’s Day on May 27th. In the event these dates fall on Sundays, the observance of the holiday will be shifted to the nearest work day on or before March 19th and May 27th.