CRIMES AGAINST FREEDOM OF WORK IN BOLIVIA

CRIME OF VIOLATION OF FREEDOM OF WORK IN BOLIVIA

This crime occurs when someone prevents, obstructs, or restricts another person’s ability to work, whether directly or indirectly. The established penalty is one to three years of imprisonment.

Educational Example: Case: “Luis and the Workshop Blockade”
Luis, owner of a mechanical workshop in Cochabamba, prevents a former employee from opening her own business in the same area. He pressures suppliers not to sell her spare parts and spreads false rumors among potential clients.
Analysis: He is restricting another person’s right to work, which constitutes a violation of freedom of work.

CRIME OF LABOR MONOPOLY

This crime occurs when an individual or entity exercises monopoly control over a lawful labor, trade, or industry. It is punishable by one to three years of imprisonment and a fine of thirty to sixty days.

Educational Example: Case: “The Exclusionary Union”
A union prevents new workers from joining or working at a company, arguing that only its members can hold certain positions.
Analysis: The union is exercising absolute and exclusive control over a lawful labor activity, which constitutes a labor monopoly.

CRIME OF NEGLIGENT CONDUCT BY PUBLIC OFFICIALS

A public official who negligently allows the commission of crimes such as those mentioned above (violation or monopoly of work) commits negligent conduct. This offense is punishable by three months to two years of imprisonment.

Educational Example: Case: “The Ignored Inspection”
A labor inspector receives complaints about a company preventing former employees from starting a similar business. However, he fails to act or investigate, allowing the obstruction to continue.
Analysis: His omission may constitute negligent conduct, by indirectly enabling the commission of a crime.

CRIMES OF VIOLENCE OR THREATS BETWEEN WORKERS

When a worker uses violence or threats to force others to join strikes, boycotts, or other collective actions, a criminal offense is committed. The penalty ranges from three months to two years of imprisonment.

Educational Example: Case: “Pressure at the Textile Factory”
During a strike, some workers threaten their colleagues to join the protest, saying, “We’ll make your life impossible” if they don’t.
Analysis: Even if the strike is legal, coercion through threats constitutes a criminal offense.

COERCION BY EMPLOYERS OR EMPLOYEES

This crime occurs when an employer, business owner, or even a worker forces another to participate in a lockout, or to join or leave a workers’ or employers’ association, using coercive means. It is punishable by the same penalty mentioned above, and if weapons are used, imprisonment can range from three months to three years.

Educational Example: Case: “The Armed Union Expulsion”
An employer threatens to fire those who do not resign from the union and sends armed personnel to intimidate them.
Analysis: The use of weapons increases the penalty. This constitutes a coercion offense involving violence.