Dismissal of Public Officials in Free Appointment Positions in Bolivia

Difference Between Free Appointment and Job Stability

In the administrative sphere, free appointment allows authorities to directly designate certain officials. However, this feature does not automatically eliminate labor protection, especially when fundamental rights are involved.

Current constitutional interpretation establishes that the real nature of the functions must be analyzed, beyond the title of the position.

Constitutional Protection of Job Stability

The Constitution recognizes job stability as an essential principle, reinforced in specific situations such as maternity and paternity.

Job Protection for Family Reasons

When a worker is the parent of a child under one year of age, a special protection is triggered that prevents dismissal. This guarantee:

• Applies immediately.
• Has reinforced protection.
• Can be enforced through constitutional action.

This means that even in the public sector, termination during this period may be considered a violation of fundamental rights.

Trusted Officials: Exception to Job Stability

Not all public servants have the same level of protection. There is a specific category.

Who Are Considered Trusted Officials?

They are those who:

• Perform managerial functions.
• Make strategic decisions.
• Represent the authority directly.
• Manage personnel or institutional resources.

In these cases, the employment relationship depends on trust, allowing greater flexibility in termination.

Key Criterion: Actual Functions of the Position

One of the most relevant aspects of recent constitutional development is the distinction between:

Officials Without Reinforced Stability

• Senior management roles.
• Decision-making positions.
• Institutional representation.

Officials With Labor Protection

• Technical staff.
• Advisors.
• Operational personnel.
• Administrative support.

For example, a lawyer who prepares legal reports but does not define institutional policies does not hold a trusted position, even if appointed under free designation.

Burden of Proof in Dismissal Cases

A key aspect is that the responsibility to prove the nature of the position lies with the employing entity.

This means that:

• It is not enough to claim the position was freely appointed.
• The actual level of decision-making must be proven.
• Trust-related functions must be objectively demonstrated.

This strengthens the worker’s position in potential claims.

Consequences of Unlawful Dismissal

When a violation of labor rights is determined, consequences may include:

• Recognition of labor rights.
• Payment of employment benefits.
• Financial compensation for the affected period.

This applies especially when constitutional guarantees such as reinforced stability are violated.

In conclusion, holding a free appointment position does not automatically imply the loss of labor protection. The key lies in determining whether the official performed trust-based functions or, instead, carried out technical or operational duties. This distinction is crucial in assessing the legality of a dismissal and the possibility of claiming rights.