EQUAL PAY IN BOLIVIA: GUARANTEES FOR MEN AND WOMEN
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EQUAL PAY IN BOLIVIA: GUARANTEES FOR MEN AND WOMEN

The wage gap between men and women remains a persistent issue across many sectors in Bolivia. In response, new regulatory measures have been introduced to ensure equality in employment, remuneration, and treatment within the workplace. This article analyzes the key legal provisions that establish equal pay as a fundamental right under Bolivian labor law.
DERECHO LABORAL

DEFINITION OF WAGE GAP AND ITS SCOPE IN BOLIVIA

The law defines the wage gap as the difference in pay received by men and women for work of equal value, without any objective justification. This disparity may appear directly—when a person is treated less favorably because of their sex—or indirectly, through apparently neutral rules or practices that place one gender at a disadvantage.

Two jobs are considered of equal value when they involve substantially similar functions, effort, skills, and responsibilities, performed under comparable conditions. This is the legal basis for claiming equal remuneration.

CORE PRINCIPLES ENSURING LABOR EQUITY IN BOLIVIA

Bolivia’s legal framework establishes guiding principles that apply to all labor relations in both public and private sectors:

GENDER EQUALITY IN THE WORKPLACE

Prohibits any form of discrimination based on sex, including conditions associated with maternity or family obligations.

MAINSTREAMING EQUITY

Public policies must integrate gender equity, including measures to support work-life balance.

INSTITUTIONAL COOPERATION

Collaborative efforts between public and private entities are essential to closing the wage gap.

SOCIAL AWARENESS

Promotes awareness about the equitable distribution of caregiving responsibilities and the need to eradicate gender stereotypes in the workplace.

EMPLOYER OBLIGATIONS ON EQUAL PAY IN BOLIVIA

Employers must comply with specific legal mandates to promote wage equality:

  • Collective bargaining agreements must include clauses on equal pay and non-discrimination.
  • Measures that support work-life balance must be implemented, including maternity and paternity leave, flexible schedules, and lactation protections.
  • It is strictly prohibited to use pregnancy, maternity, marital status, or other gender-related conditions as a basis for setting different salaries.

UNIVERSAL APPLICATION OF EQUAL PAY RULES IN BOLIVIA

These provisions are mandatory for all government bodies, public universities, state-owned companies, autonomous entities, and private employers operating in Bolivia.

BOLIVIA’S INTERNATIONAL COMMITMENTS ON EQUAL PAY

Bolivia has ratified key international conventions, including:

  • ILO Convention No. 100 on Equal Remuneration.
  • ILO Convention No. 111 on Discrimination in Employment and Occupation.

These agreements strengthen Bolivia’s commitment to eliminating wage inequality and fostering a fair and just work environment.

For companies operating in Bolivia, complying with these regulations not only prevents legal sanctions but also promotes a fair, healthy, and sustainable organizational climate. Our legal team is ready to provide guidance on labor compliance audits, internal equity policies, and defense strategies in wage discrimination cases.

Do you need legal advice on equal pay or labor compliance in Bolivia? Contact our team of labor law experts today. We are here to help you ensure legal certainty and promote workplace equity.

Frequently Asked Questions (FAQs)

Which sectors are required to comply with equal pay regulations?

All sectors—public and private—including companies, universities, and autonomous entities must comply.

What happens if a company fails to comply with these rules?

It may face sanctions for violating labor laws, including individual or collective legal actions.

How is wage discrimination through indirect practices proven?

By assessing seemingly neutral policies or criteria that result in disadvantages for one gender.

Can a woman be dismissed for being pregnant?

No. Special protection guarantees job security during pregnancy and until the child reaches one year of age.

Who monitors compliance with these regulations?

The Ministry of Labor and other authorities designated to oversee labor law enforcement.

Bibliography

  • Political Constitution of the Plurinational State of Bolivia. (2009).
  • Supreme Decree No. 4401. (2020).
  • International Labour Organization (ILO), Conventions No. 100 and 111.
  • General Labor Law of Bolivia. (1942).
  • Law No. 045 Against Racism and All Forms of Discrimination. (2010).
  • Law No. 348 Integrated Law to Guarantee Women a Life Free of Violence. (2013).

The content of this article does not reflect the technical opinion of Rigoberto Paredes & Associates and should not be considered a substitute for legal advice. The information presented herein corresponds to the date of publication and may be outdated at the time of reading. Rigoberto Paredes & Associates assumes no responsibility for keeping the information in this article up to date, as legal regulations may change over time.

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