LEGAL BACKGROUND AND CONTEXT OF WOMEN’S WORKING HOURS IN BOLIVIA
Originally, this rule was enacted in a social context dominated by conservative views about women’s roles, associating them primarily with domestic duties. Within that logic, limiting women’s working hours was considered a form of “protection.”
However, time and the evolution of constitutional principles have cast doubt on this differentiation. The Political Constitution of the Plurinational State of Bolivia establishes the principle of equality before the law and prohibits all forms of discrimination, including those based on sex. This stance is reinforced by current laws and decrees such as Supreme Decree 28699 and Law No. 348, which promote equitable working conditions regardless of gender.
ARGUMENTS IN FAVOR OF MAINTAINING REDUCED HOURS FOR WOMEN
COUNTERARGUMENTS: HIDDEN DISCRIMINATION?
On the other hand, many legal scholars and human rights advocates argue that this gender-based differentiation is discriminatory in the current context. They assert that setting different work hours based on gender reinforces stereotypes and contradicts international treaties ratified by Bolivia, such as ILO Conventions 100 and 111, which demand equal pay for work of equal value without distinction.
This distinction also creates a practical dilemma: is it fair for a woman working 40 hours to earn the same salary as a man working 48, when both perform identical duties? Such scenarios may encourage employers to hire men over women, thereby deepening gender inequality in the formal labor market.
It has also been argued that keeping this provision in force hinders the implementation of modern labor policies based on productivity and fairness. From this standpoint, labor benefits should reflect the real needs of individuals, regardless of their sex.
IS IT STILL IN FORCE OR A DEAD LETTER?
Despite its explicit wording, the application of Article 46 is increasingly rare. Several subsequent regulations—such as Supreme Decree 4401—support equal working conditions for men and women. Moreover, both case law and national legal doctrine tend to favor interpretations aligned with constitutional and human rights principles, which has weakened the practical enforceability of this provision.
This has resulted in a legal gray area: although the rule formally exists, it is inconsistently applied and lacks effective oversight. The Ministry of Labor has not issued clear guidelines regarding its implementation. This regulatory inconsistency undermines legal certainty and contributes to the expansion of informal employment by creating confusion about the actual legal conditions for women in the workplace.
WHAT PATH SHOULD BOLIVIA FOLLOW?
The core issue remains unresolved: should the reduced workweek for women be maintained as a compensatory measure, or should the legal framework be reformed to ensure equal working hours based on duties rather than gender?
There is no simple answer, as the issue involves legal, cultural, social, and economic dimensions. Any final decision should emerge from a broad, participatory, and technically grounded debate centered on dignity, real equality, and social justice.
Do you need legal advice on working hours or gender-based labor rights in Bolivia? Contact our team of specialized labor attorneys today. We are here to guide you with professionalism and commitment.
Frequently Asked Questions (FAQs)
Is the 40-hour workweek for women still in force in Bolivia?
Yes, it is still included in the General Labor Law, although its applicability is currently debated due to newer regulations promoting labor equality.
Is this rule applied across all labor sectors?
Not necessarily. Its application depends on the sector, type of employment contract, and oversight by the Ministry of Labor, which currently lacks effective control over this issue.
Is it legal to pay men and women the same salary if they work different hours?
In theory, no. According to international treaties and Bolivian law, there must be equal pay for work of equal value, creating a conflict if working hours differ based on gender.
Is this differentiated work schedule considered discriminatory?
Yes. Many legal experts and recent regulations consider this distinction to perpetuate gender stereotypes and violate the principle of equality.
Can a company implement equal working hours without violating the law?
Yes. As long as the decision is based on principles of equity and complies with other labor conditions, it is legally permissible to apply equal work schedules for both men and women.
- General Labor Law of Bolivia, Article 46.
- Political Constitution of the Plurinational State of Bolivia.
- Supreme Decree 28699.
- Law No. 348 for the Guarantee of Women’s Rights.
- Supreme Decree 4401.
- International Labour Organization (ILO) Conventions No. 100 and No. 111.
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.
- TRAVEL RESTRICTION (ARRAIGO) IN LABOR PROCEEDINGS FOR SOCIAL BENEFITS IN BOLIVIA
- PREVENTION AND REPORTING OF WORKPLACE HARASSMENT AGAINST WOMEN IN BOLIVIA
- EQUAL PAY IN BOLIVIA: GUARANTEES FOR MEN AND WOMEN
- DIFFERENCE BETWEEN PRODUCTIVE AND NON-PRODUCTIVE COMPANIES IN BOLIVIA
- CRIMES AGAINST FREEDOM OF WORK IN BOLIVIA
