- agosto 18, 2019
- Posted by: LAS
- Categoría: Uncategorized
THE LABOR DAY AND SCHEDULES IN BOLIVIA
The art. 46 of the General Labor Law states: “The effective working day shall not exceed 8 hours per day and 48 hours per week. The night work day shall not exceed 7 hours, understood as night work which is practiced between twenty and six in the morning. The work of journalistic companies, which are subject to special regulations, is excepted from this provision. The women’s day will not exceed 40 hours per day per day. Employees or workers who hold management, surveillance or trust positions, or who work discontinuously, or who carry out work that by their nature cannot be subject to working hours are exempted. In these cases they will have one hour of rest within the day, and they will not be able to work more than 12 hours a day. ”For their part, art. 47 defines what an effective working day is: “Effective working day is the time during which the worker is available to the employer. The working day may be increased in case of force majeure and to the extent necessary. ”
|The work day and salary have been one of the greatest achievements of workers and trade union struggles over time.|
- The effective working day is 8 hours of work, being able to be this for less hours as required, moreover this should not exceed 8 hours, adding a total of 48 daytime hours per week.
- The night work day is 7 hours and can be this for less hours as required, even more this should not be more than 7 hours.
- Work that takes place between 20:00 (p.m.) and 06:00 (a.m.) is considered night work, having this other treatment and remuneration as explained below.
- Although the working hours per week are 48 days, in the case of women there is a caveat, having to have these 40 hours of work per week.
- The schedule of the management or trust personnel according to the nature or type of their work is not limited to only 8 hours per day and this can be extended up to 12 hours per day, this rule is more clearly defined by Art. 36 of the Regulatory Decree of the General Labor Law which states: “Managers, directors, administrators, representatives or proxies who work without immediate superior supervision, are included in the exception established in the second paragraph of article 46 of the law.” That is to say that only the personnel with management positions without immediate superior control is the one who can have an extension of their working day, for example a manager of any area of a company or organization.
Article 29 of the L.G.T. It clearly establishes holidays as follows: For the purposes of article 41 of the law, holidays declared by law are considered: Sundays; January l; carnival monday and tuesday; Thursday and Good Friday; May l; the day of Corpus Christi; August 6th; November 1st and 2nd; December 25th. Days declared of mourning or rejoicing are not considered holidays for the purposes of the law.
REMUNERATIONS: REGULAR, EXTRAORDINARY AND HOLIDAY HOURS, NIGHT WORK AND DOMINICAL WORK
The General Labor Law in its articles 52 and 53, as well as its regulatory Decree in its article 39 respectively, establish the following:
“ARTICLE 52º Remuneration or salary is the one that the employee or worker receives in payment of his work. A salary below the minimum may not be agreed, the fixing of which, according to the branches of work and areas of the country, will be made by the Ministry of Labor. The salary is proportional to work, and no differences can be made by sex or nationality.
ARTICLE 53. The time periods for the payment of salaries may not exceed fifteen days for workers and thirty days for employees and domestic workers. Payments will be verified precisely in legal tender, on working day and at the place of work, being prohibited from doing so in places of recreation, sale of merchandise or sale of alcoholic beverages, except in the case of workers of the establishment in which make the payment. ”
“ARTICLE 39. Remuneration or salary is the one that the employee or worker receives in money, in payment of his work, including in this denomination, the commissions and participations in the benefits, when they become permanent.”
In accordance with the above, it is prohibited for a person to earn and / or receive a salary lower than the national minimum established for the corresponding management, also the National Government every May 1st “International Labor Day” makes a percentage increase to the salary minimum and to the national basic. On the other hand it is important to emphasize that the term for the payment of the remuneration or salary is 15 working days after the completion of the work month.
In this sense the salary according to art. 48 paragraph IV of the Political Constitution of the State is guaranteed by establishing the following: “Wages or salaries accrued, labor rights, social benefits and social security contributions not paid have privilege and preference over any other credit, and are unattachable and imprescriptible “Consequently, since the salary is unattachable and imprescriptible, no deduction can be made to the worker’s salary except those allowed by law (discount AFP contribution), even if it is justifiable since any deduction must be made after a court order.
When the work is carried out without greater labor movement than the one established within the framework of an ordinary 8-hour working day, there would be no greater inconvenience in terms of the calculation for the payment of wages more than that agreed between parties within the framework of the minimum wage, However, when due to the nature of the employer, especially when it is within the industrial sector, the ordinary working day varies according to the production requirement and certain times of the year in which there is more demand, in that sense the working day Ordinary may vary accordingly the salary calculation also varies.
In that sense, the calculation for the remuneration for night hours, overtime, holidays and Sundays would be carried out according to the points developed below.
We cite article 55 of the General Labor Law, which verbatim states:
ARTICLE 55. Overtime and holidays will be paid at 100% surcharge; and night work performed under the same conditions as daytime with 25 to 50%, depending on the case. The work done on Sunday with regular assistance during the week is paid triple,
- Clearly, this article indicates that overtime or overtime and work on holidays will be paid or paid with a 100% surcharge, that is, an extraordinary hour is paid twice as much as an ordinary one. To better understand the calculation below an example:
Salary of the worker: 2400 Bs. To get the hourly wage, it is divided by 30 (days) and the result in turn is divided by 8 (hours).
2400 / 30 = 80 80/ 8 = 10 bs. This would be the regular hourly payment.
10 x 2 = 20 bs. This would be the regular hourly payment..
Also clarify that all overtime is the hour considered as additional work at 8 hours of work a day, that is to say that the worker in addition to his 8 hours a day must work additional hours. To clarify the figure we give an example:
The worker who works from 8 to 12 and from 14 to 18 hours in a normal and / or regular manner, however, due to closure of management and inventory review, he must stay to work one week two more hours, that is, from 18 to 20 hours, in that case he would have 2 extra hours, however, if the worker has a work schedule from 10:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 8:00 p.m. here if he fulfills eight hours of work so the work from 18 : 00 to 20:00 is not considered as overtime.
Finally, in this point it is worth highlighting 2 important considerations: first that according to art. 50 of the L.G.T. It establishes that overtime will not be considered those that the worker occupies in correcting his errors, taking this aspect into account in case of rectification of errors of the workers for the work done in the day is not considered overtime.
It is important to take into account that art. 41 of Regulation of the L.G.T. establishes that: For the calculation of overtime a special register will be kept, according to the model approved by the General Labor Inspectorate. In that sense, overtime registration must be carried out independently in an overtime registration book opened and approved by the Ministry of Labor.
|With respect to nighttime work, the law clearly establishes that this will be canceled with an increase of 25% to 50%, said percentage increase parameter is provided at the employer’s discretion under the conditions of the work, if this is done in the same conditions that the daytime operates by 25% increase and as it becomes more recharged or in different conditions at daytime it may have an increase of 26% to 50%. However, for greater interpretation and application of this article, we have Supreme Decree 90 of 04/24/1944 which literally establishes the following increase parameters in its content.|
“ARTICLE 1. – All night work that is carried out in commercial establishments, offices and in general in all those tasks that by their nature are discontinuous or do not demand but the mere presence of the worker – such as surveillance work, – shall be remunerated with a 25 percent surcharge.
ARTICLE 2. – The night work that is carried out is industrial and manufacturing establishments in general, will be remunerated with a surcharge of 30 percent.
ARTICLE 3.– The night work of women over 18 years of age, which is carried out under the conditions established by the Supreme Decree of January 22 of this year, will be paid at a surcharge of 40 percent.
ARTICLE 4. – The night work between 24 hours and 6 in the morning, and that must be carried out in underground galleries, calcination furnaces, mineral mills, in drying and teaching of minerals and, in general, in all those particularly harmful and dangerous work, will be paid with a 50 percent surcharge. ”
In summary, the following parameters are extracted, taking into account that the night work schedule is from 20:00 hours to 06:00 hours and this should not exceed a total of 7 hours per day:
Type of job
|Ordinary hour cost Ej.||Increase according DS 90||Cost Night time Ej.|
|a) Work in the same conditions as the daytime commercial office work in general and only demand the presence of the worker, the hourly increase is 25% in night work||
|b) Night work that is carried out is industrial and manufacturing establishments in general,||
|c) Night work between 24 hours and 6 in the morning, in general, in all those particularly harmful and dangerous tasks||
- Finally regarding the payment for work on Sunday the art. 55 of the L.G.T. It clearly states that the work done on Sunday with regular assistance during the week is paid triple, in that sense continuing with the example in the event that the ordinary working day is remunerated with 80 Bs. the work of Sunday will be remunerated with 240 Bs. (80 x 3 = 240), taking into account that the worker has worked regularly throughout the week that is from Monday to Friday or from Monday to Saturday according to his schedule and distribution of hours.