Workplace Q&A
1 What actions may an employer take if:
a) an employee is absent from work without authorisation because they were watching the World Cup?
The employer may issue a warning and deduct the absent hours or days from the monthly salary. Unjustified absence exceeding six (6) consecutive days constitutes abandonment of work, allowing termination of the contract for just cause with payment of pro-rated A guinaldo (Christmas bonus), accrued vacation pay, and severance indemnity per year worked.
b) an employee submits a suspicious medical certificate or other rationale to justify a work absence where the employer suspects the employee is watching or attending the World Cup?
The only legally valid medical certificate is one issued by the Ente Gestor de Salud (Health Management Entity). If presented, the employer must accept it. Any other certificate has no legal validity.
c) the employer suspects an employee(s) of consuming alcohol at the workplace or within a proximate time before starting work; can an employer administer breathalysers in the workplace?
Yes, but the tests must be administered by a competent authority (a labour inspector and/or authorised police officer) to ensure the results have legal validity.
d) the employer wishes to rearrange the work hours for all employees to accommodate the viewing of particular matches, e.g. their country’s team?
Yes, this is permitted. The employer may adjust schedules provided the total daily hours remain within the statutory maximum of 8 hours. Time granted cannot be offset by requiring work outside legally permitted hours.
e) the employer suspects that employees are using company IT systems during work hours to watch matches (including the use of illegal streaming services) and/or to participate in gambling related to the World Cup (including illegal gambling)?
The employer may issue a warning, prohibit the use of company systems for watching matches during work hours, impose disciplinary sanctions, and report any use of office systems for illegal gambling to the competent authorities.
f) an employee potentially misconducts themselves outside of working time either at a staff-organised World Cup event or an unorganised event?
If the event is organised by the employer, the employer may issue warnings, impose sanctions, or terminate employment if the conduct constitutes just cause for dismissal. If the event is organised by third parties and occurs outside working hours, the employer may at most issue a verbal warning but cannot impose formal sanctions.
2 If a country declares a national holiday on the day the country’s team plays (or later for a celebration), are employees who work on those days entitled to overtime pay or time off in lieu etc?
Yes. Employees are entitled to overtime pay with a 100% surcharge and, depending on the employer’s sector, compensatory rest on another working day.
3 Is it lawful for a company’s employees to conduct office pools at the workplace? Would there be any restrictions on the amount of money to enter or the amount of compensation awarded?
Sports betting for profit is prohibited in Bolivia; consequently, workplace betting pools are not permitted.
4 May employers prohibit public displays of rival country team colours in the workplace?
Yes, to prevent internal conflicts among employees supporting different teams.
5 Could an employer be subject to a discrimination claim if accommodations are given in respect of watching games played by one gender but not the other, or for watching certain nations’ games (e.g. home nation) but not others?
Yes. The Law Against Racism and All Forms of Discrimination prohibits discrimination on grounds including national origin and sex. Providing facilities only for the national team or specific matches could be interpreted as discriminatory treatment.
6 Any other advice you would give to employers in your jurisdiction ahead of the World Cup?
Adjust work schedules only for national team matches that fall within normal working hours.