Legal Alert – Labor Matters


By means of Supreme Decree No. 4711 of May 1, 2002, the salary increase for the year 2022 is established as follows:

  • Salary increase of three percent (3%) in the Health and Fiscal Teaching Sectors of the public sector.
  • Private Sector: agreed on the basis of three percent (3%) for all types of work contracts.
  • New National Minimum Wage: Bs2,250.- (Two Thousand Two Hundred Fifty 00/100 Bolivianos).
  • Retroactive application as of January 1, 2022, effective until May 31, 2022.

On the other hand, Ministerial Resolution No. 544/22 dated May 17, 2022, regulates the 2022 salary increase for the private sector, as follows:

  • Negotiation basis: 3% over the basic remuneration received in the current management (2022).
  • Formalization through Collective Agreement of Salary Increase to be presented until July 29, 2022 (private mining companies) and until June 30, 2022 (the rest) through the Virtual Office of Procedures, attaching a Sworn Statement of Salary Increase Form and retroactive Salary Increase Form.
  • Increase is not mandatory for: positions of presidents, vice presidents, members of the board of directors, managers, assistant managers, general managers, directors or assistant executive directors who have a salary level commensurate with the assigned position.
  • Salary increase granted in the current administration of less than 3%, must be leveled.
  • Non-compliance with the presentation of the Collective Bargaining Agreement for Salary Increase penalized with fines.

The purpose of Supreme Decree No. 4708 of May 1, 2022 is to grant the benefit of “Special Leave” to all workers covered under the General Labor Law, who shall be entitled to the enjoyment and use of special leave, with the right to receive one hundred percent (100%) of their remunerations, without charge to vacations and regardless of the time of service, in the following cases:

  • For death of parents, spouses, siblings or children: three (3) working days, having to submit the documentation evidencing such situation within the following five (5) working days of the occurrence of the event.
  • Marriage: three (3) working days, upon presentation of the certificate of registration and date issued by the Civil Registry Officer.
  • Birthday: half working day, provided that the working day is eight (8) hours.

Supreme Decree No. 4709 of May 1, 2022 establishes the conditions related to vacations, modifying Article 33 of Supreme Decree No. 224 of August 23, 1943, establishing the following conditions:

  • The annual vacation shall be exercised in accordance with the shift role formulated by the employer and shall not be compensable in money, except in the case of termination of the employment contract.
  • Vacation may not be accumulated, except when:
      1. There is mutual written agreement;
      2. The employer does not have a predefined vacation shift schedule;
      3. The employer has not allowed the use of vacation;
  • Whether or not the shift schedule exists, the employee may request in writing and on an exceptional basis:
      1. The fractioned enjoyment of his/her vacation, which may not be divided by more than three (3) periods in each management;
      2. The use of half working days of vacation, which added together shall not exceed five (5) days of his/her annual vacation.

Supreme Decree No. 4710 of May 1, 2022 amends Article 97 of Supreme Decree No. 22407 of January 11, 1990 and Article 2 of Supreme Decree No. 4500 of May 1, 2021, establishing the conditions for the “Declaration on Commission” of the main leaders of Union Institutions.

Ministerial Resolution No. 462/22 of April 28, 2022 approves the “Scale for Updating and Standardization of Costs of Procedures of the services provided by the Ministry of Labor, Employment and Social Security”.

Likewise, the Resolution modifies the following Ministerial Resolutions:

  • RM No. 339/06 of July 28, 2006, establishing the fees for the Return of Erroneous Deposits in Fiscal Accounts of the MTEPS;
  • RM No. 854/14 of December 11, 2014, according to the following table;
  • RM No. 660/15 of September 21, 2015, regarding the fee for the provision of services in the Administration of Funds in Custody;
  • RM No. 595/16 of June 24, 2016, regarding the costs of registration procedures at the national level of professionals or technicians, national or foreign, in Hygiene, Occupational Safety and Occupational Medicine;
  • RM No. 212/18 dated March 1, 2018, regarding the cost of the processing of Wages and Salaries and Occupational Accidents Spreadsheet;
  • RM No. 1411/18 dated December 27, 2018 regarding the cost of Occupational Safety and Health Programs processing.
  • RM No. 1321/18 dated December 04, 2018 regarding the cost of the procedure for Registration and Operation of Private Employment Agencies.
  • RM No. 334/21 of April 5, 2021, regarding the cost of cooperativism procedures.