DS 002-97 TR EN PDF

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ILO is a specialized agency of the United Nations. Ley General del Trabajo. Remarks: The Labour Code applies to all workers in the private and public sectors. It does not apply to agricultural workers, civil servants or the Armed Forces.

General Labour Act Art. Reglamento de Ley General del Trabajo. Supreme Decree No. Remarks: It refers to work provided in the home on a continuous basis, to an employer or family living under the same roof. Are considered the tasks like cooking, cleaning, laundry, child care, assistance and others who are covered by the definition, and who are inherent to the domestic work. The legislation states that the Ministry of Labour fixes the minimum wage taking into account geographic and economic regions and categories of workers.

Every person is entitled to enjoy conditions of dignity of work, without discrimination, and to enjoy a fair, equitative and satisfactory wage, capable to ensuring a dignified existence to himself and family. Political Constitution of Bolivia Art.

In order to fix the minimum wage rate it shall be taken into account the current economic situation of the country. The national minimum wage applies to all workers in both the public and the private sector. There is one general minimum wage rate applicable to all salaried employees and wage earning employees except agricultual workers.

Remarks: Wage-earning employee shall mean a person who performs manual work, and the term shall also apply to persons who prepare or supervise the work of wage-earning employees, such as foremen and supervisors.

Salaried employee shall mean a person employed as such or a person who is employed in an office in accordance with a regular timetable, under special conditions and whose work is mainly of an intellectual character. All workers covered by special laws shall be deemed to be salaried employees. The Ministry of Labour when fixing the minimum wage rate may determined different rates according to the following criterias; economic and geographic location and for categories of workers.

Decree enacting the regulation of the General Labour Act Art. Wages for domestic workers shall be paid montly and in legal currency. It is not permitted the fractioned payments nor in-kind allowances, as a way of remuneration. The level of payment for domestic workers cannot be lower than the national minimum wage rate, when the worker perform the normal hours of work.

Domestic workers employed per hours or per days shall be compensated a pro rata basis according to the national minimum wage rate.

Notwithstanding all the above mentioned, the parties may agree wages for domestic workers higher than the national minimum wage rate. Domestic workers enjoy the same conditions as other categories of workers regarding overtime payment. Wages shall be paid in legal currency.

However in-kind allowances may be permitted as a way of remuneration. Wages may be paid per hour. Wages may be paid per day. Wages may be paid per week. Wages may be paid per month. Wages may be paid per fortnightly, per piece, per percentage or in kind whenever is allowed. The legislation states that the minimum wage rate shall be adjusted periodically, but relevant provisions on the frequency of adjustment have not been identified.

The Labour Inspection shall monitor the entrepreneurial practices in order to avoid the infringement of the labour essential relations or the labour legislation, and shall initiate the neccesary proceedings before the Labour and Social Security Court for imposing the infractors the corresponding fines and the duties of payment to the affected workers retroactively to the date of commencing the labour relationship.

Supreme Decree Art. Failure to comply with labour legislation results in fines of between 1, and 10, bolivianos depending on the seriousness of the offence. In cases where the employer fixes a salary below the minimum , the Labour Judge, or where there is none, the immediately superior political authority, based on a verbal claim and proof of the fact, shall order the payment of the salary the worker was entitled to.

In the event of repeat offences, fines shall be doubled, and in addition, fiscal intervention and closure of the commercial establishment may be imposed. Shall mean the compensation in cash or in kind that a worker receives for services rendered. The Government under the National Labour and Employment Promotion Council decides the regulation of the minimum wage, after consultation of the organizations representing workers and employers. If there is no agreement on minimum wage rate within the Council, the President fixes the minimum wage through emergency decree.

Political Constitution of Peru Art. Wages can also be fixed by collective agreement. The legislation is unclear as to whether wages lower than the minimum wage rate can be set by collective agreement. The worker is entitled to a fair and adequate compensation to seek for him and his family material and spiritual welfare. All workers in the private sector are covered by minimum wage legislation. There is one general minimum wage rate applicable to all workers in the private sector. Remuneration for trainees, cannot be lower than the minimum wage.

If youth work less than a full working day, their remuneration should be set on a pro-rata basis. The minimum wage for domestic workers, live in or live out, will be the agreed between the parties. The employer must provide food and or accommodation to the worker according to its economic capacity. However payments in kind are not considered part of the minimum wage.

Remuneration for youth, cannot be lower than the minimum wage. Remarks: Youth shall mean any person between 16 and 25 years of age who: a. Domestic workers: The minimum wage for domestic workers, live in or live out, will be the agreed between the parties. According to Supreme Decree No. Wages include compensation in cash or in kind received by a worker. Labour Inspection is a public service by the Ministry of Labour and Social Promotion, which aims to ensure compliance with legal or contractual provisions relating to employment, promotion and job training, safety and health work, in order to prevent or resolve conflicts or risks between workers and employers.

Failure to comply with minimum wage legislation results in fines calculated on the basis of the tax unit reference index for the year when the offence took place. Remarks: Shall mean the reference index for tax legislation. The tax unit was fixed at 3, Summaries and full texts in the TRAVAIL Legal Database are provided for information purposes only and are not intended to replace consultation of the authentic legal texts.

We update the database regularly but are unable to guarantee that the laws it contains are always complete, accurate and the most recent version.

Please contact us if you have updated information. Contact us. Specific minimum wage rates The Ministry of Labour when fixing the minimum wage rate may determined different rates according to the following criterias; economic and geographic location and for categories of workers.

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DS 002-97 TR EN PDF

ILO is a specialized agency of the United Nations. Shall mean the compensation in cash or in kind that a worker receives for services rendered. The Government under the National Labour and Employment Promotion Council decides the regulation of the minimum wage, after consultation of the organizations representing workers and employers. If there is no agreement on minimum wage rate within the Council, the President fixes the minimum wage through emergency decree. Political Constitution of Peru Art. Wages can also be fixed by collective agreement. The legislation is unclear as to whether wages lower than the minimum wage rate can be set by collective agreement.

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