WHAT IS TRAVEL RESTRICTION (ARRAIGO) IN LABOR LAW IN BOLIVIA?
In labor proceedings, arraigo is a precautionary measure designed to guarantee that the employer fulfills obligations arising from the employment relationship, such as payment of social benefits. According to established procedure, this measure can be requested before or during the labor lawsuit if there are well-founded concerns that the defendant intends to evade the judicial process.
Applicable legislation allows for the protection of workers’ rights by imposing a travel restriction on the employer within the jurisdiction of their residence, when there is a risk of flight or absence, and until sufficient guarantees are provided. This provision safeguards the paramount interest of workers, ensuring they can effectively exercise their labor rights.
LEGAL BASIS FOR TRAVEL RESTRICTION IN BOLIVIA
The Bolivian Labor Procedural Code expressly regulates arraigo as a precautionary measure in labor cases. It is applied when there is a risk that the defendant will evade responsibilities, thus hindering the enforcement of a possible judgment in favor of the worker.
The Plurinational Constitutional Ruling 0150/2021-S3 reaffirmed the legality and appropriateness of arraigo in labor matters, emphasizing that it is grounded in current regulations that authorize precautionary measures such as preventive annotation, asset seizure, judicial intervention, general asset inhibition, and arraigo.
Additionally, this jurisprudence references SCP 0010/2017-S2, which clarifies that although arraigo limits the freedom of movement, it is legally sanctioned and does not violate fundamental rights. It also confirms that the abolition of civil arrest for financial debts does not preclude the application of this measure in labor and social security matters, as permitted under specific legal exceptions.
IMPORTANCE OF ARRAIGO IN SOCIAL BENEFIT CLAIMS IN BOLIVIA
In conclusion, travel restriction in labor proceedings is an essential legal safeguard that protects workers’ rights against the risk of nonpayment of social benefits. Its application is fully supported by current procedural and constitutional law in Bolivia, ensuring a fair balance between the enforcement of labor rights and respect for individual freedoms.
Our law firm in Bolivia provides specialized services in labor litigation and precautionary measures. If you have questions or are facing a similar situation, do not hesitate to contact us for personalized and effective legal support.
Frequently Asked Questions (FAQs)
When can arraigo be requested in a labor proceeding?
It can be requested before or during the labor lawsuit when there are well-founded fears that the employer may flee or leave the jurisdiction.
Does arraigo violate the defendant’s freedom of movement?
No. It is a legally authorized measure applied under specific circumstances to protect workers’ priority rights.
What type of guarantee can an employer offer to avoid arraigo?
The employer may offer a sufficient guarantee, such as a surety bond or monetary deposit, to secure payment of the claimed social benefits.
Can arraigo still be applied after the abolition of civil arrest for debts?
Yes. The abolition allows exceptions for labor and social security matters, where measures like arraigo remain legally valid.
What happens if the employer fails to provide the required guarantee after arraigo is imposed?
The travel restriction will remain in effect until the employer complies by presenting a sufficient guarantee to protect the worker’s claim.
- Labor Procedural Code of Bolivia
- Plurinational Constitutional Court of Bolivia. (2021). Constitutional Ruling 0150/2021-S3. Sucre
- Plurinational Constitutional Court of Bolivia. (2017). SCP 0010/2017-S2. Sucre
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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