Acquired rights and their role in job security in Bolivia

In the field of labor law, acquired rights refer to the rights and benefits that a worker has obtained and that are legally protected. These rights are acquired by the worker throughout his employment relationship and they cannot be unilaterally modified or deleted by the employer without your consent.

In Bolivia, labor legislation establishes a series of rights and protections for workers. These acquired rights are fundamental to guarantee fair and equitable working conditions, as well as to promote the dignity and well-being of employees. In this context, Supreme Decree No. 4668 of February 17, 2022 regulates the application of labor rights acquired by workerssubject to the labor regime of the General Labor Law.

The objective is to establish the necessary provisions to protect and guarantee respect for labor rights purchased by employers. Said norm establishes that An acquired labor right is understood to be one that has been created under the mandate of a labor law and that has been incorporated into the worker’s patrimony. This right cannot be taken away or violated unilaterally by the employer.

Any benefit created, defined or recognized through individual employment contracts is also considered an acquired labor right., collective bargaining agreements or contracts, or arbitration awards. These acquired rights will be in force and will be applicable as established by the parties, as long as they are subscribed in accordance with current regulations. In accordance with the provisions of the Paragraph II of Article 48 of the Political Constitution of the State, labor regulations are interpreted and applied under the principle of protection of workers.

In the case of acquired labor rights, these rules imperatively establish the minimum conditions in which the employment relationship must develop. Within this framework, employers are prohibited from undermining, diminishing, altering or deferring the acquired labor rights of workers. This prohibition is applied in violation of the labor protection provisions defined in the Political Constitution of the State and current labor legislation.

Acquired labor rights must be respected and cannot be violated by employers. The most relevant acquired rights in Bolivia in accordance with current legislation are the following:

– Right to job stability: According to the General Labor Law in Bolivia, workers have the right to job stability. This means that they cannot be fired without just cause, except in specific cases established by law. Labor stability seeks to protect workers from unjustified dismissals and provide them with security in their employment relationship.

– Right to fair remuneration: Workers in Bolivia have the right to receive fair and adequate remuneration for their work. The law establishes a national minimum wage that must be respected by all employers. In addition, specific rules are established for the payment of overtime, holidays, bonuses and other economic benefits.

– Right to working hours and rest: Bolivian labor law establishes a maximum limit of working hours per day and per week. The ordinary working day cannot exceed eight hours a day and 48 hours a week for male staff.

In addition, workers have the right to a weekly rest day and paid vacations, in accordance with the provisions of the General Labor Law.

– Right to safety and health at work: Safety and health at work are fundamental rights of workers in Bolivia. Employers are obliged to provide a safe and healthy work environment, adopting the necessary measures to prevent accidents and occupational diseases.

Likewise, workers have the right to receive training on safety issues and to report any occupational risk situation.

It is important to note that these are just some of the most relevant acquired rights in Bolivia, and that There are other rights and protections established by employment law.

Consequently, Labor legislation in Bolivia guarantees a series of acquired rights for workers. These rights are essential to promote equity and well-being of workers, and it is the responsibility of employers and the State to guarantee compliance and respect.