As is widely known, Bolivia is currently facing a delicate political and social moment that has triggered a civilian strike that includes roadblocks in various departments and cities across the country, making it impossible for work activities to be carried out as usual.  
 
In view of this situation the following aspects should be considered:

1) Work attendance and workday

The decision to adhere to the civilian strike and to suspend work activities is at each company’s discretion.
 
The Ministry of Labor has not issued any official instructions ordering suspension of work activities on strike days, and instead the public administration and certain regulated private companies are operating to the extent of their possibilities.
 
In this context there are two possibilities: 

a) For companies to decide not to adhere to the strike. This involves the possibility of instructing workers:
  • To come into their workplace and perform their jobs insofar as possible, considering: i) the difficulties in reaching their workplace, ii) the feasibility of meeting work starting times, iii) the security measures that should be implemented given the violent events, and iv) that activities outside the office are limited because cities are blocked.  
  • To work from home.
  • To take unpaid leave. Upon agreement by the parties, companies can permit absence from work on civilian strike days without pay for the time not worked.
If the employer decides not to adhere to the strike, it must formally notify its employees of the conditions under which they must perform their jobs.
 
In those cases where the employer has given express instructions that work activities will be performed as usual, if a worker does not come into work the employer will be entitled to deduct the unworked day from salary and reprimand the worker for the absence. 

b) For companies to decide to adhere to the strike. This possibility is feasible at the cost and on the account of companies, who must assume payment of wages for unworked days.
 
Nonetheless, to minimize the economic impact the following measures can be taken: 
  • Paid leave. This is a unilateral decision by the employer to permit absence from work during the civilian strike with recognition of 100% of salary for unworked days. 
  • Give vacation. Upon agreement with workers, companies may organize a vacation roster to allow strike days to be considered as vacation days. 
  • Establish shift rosters. Under Art. 48 of the General Labor Law, which establishes that when work is performed by teams its duration may be extended for more than 8 hours per day and 48 hours per week provided that average number of hours worked in three weeks does not exceed the maximum workday, an arrangement can be made by agreement of the parties so that once activities are normalized the workday can be extended and/or employees can work on Saturdays over a 3 week period to partially compensate for the unworked days with additional work hours (2 hours per day and/or Saturdays). 
If the employer decides to apply one of the above alternatives it must reach a written agreement with workers as to the system the parties have agreed on, with indication of the conditions under which they shall perform their jobs. 

2) Treatment of salary for days of civilian strike and other situations to be taken into account

Payment of salaries will be subject to the possibilities companies decide to implement (as noted in point 1a) and 1b) above). Similarly, the following situations should be considered: 

a) Workers who are paid commissions: payment of commissions will be subject to each company’s policies, so that if the targets and/or conditions for accessing such commissions are not met, payment is not mandatory. In such cases in order for workers to not be affected by payment of commissions, we consider it more favorable for them to take those days as vacation time, given that their salary for such days would be the average of the 90 preceding days. 

b) Workers who arranged their vacation prior to the strike and whose days coincided with strike days: vacation will not be affected by the strike days and remain unchangeable, so that payment of salaries is normal during vacation time. 

c) Workers on medical leave will not be affected by the strike days and their salaries remain unchangeable, so that payment of wages will be as usual during the leave period. 

d) Submission of invoices for supplementary value added tax (RC IVA).  Submission of forms and invoices for tax payments is fully as usual unless the National Tax Services decides otherwise. 

3) How the public and private sectors are dealing with the civilian strike:

a) Public sector:
  • Public institutions: i) are not adhering to the strike; and ii) attention to the public was a usual during the strike days with the exception of Friday, November 1, 20019, when the Ministry of Labor decreed workday tolerance (ministerial resolution RM 1051/19).
  • Government corporations: i) are not adhering to the strike; and ii) activities were performed as usual on strike days.
  • Health care providers: irregular attention to the public reflecting health sector conflicts.
 b) Regulated private sector:
  • Banks and financial institutions: i) are not adhering to the strike; and ii) activities were performed as usual on strike days.
  • Telecoms: i) are not adhering to the strike; and ii) activities were performed as usual on strike days.
  • Airline companies: i) are not adhering to the strike; and ii) activities were performed as usual on strike days.
c) Companies providing public services: i) are not adhering to the strike; and ii) activities were performed as usual on strike days.
 
d) Nonregulated private sector (companies in general): i) some companies are not adhering to the strike and are performing activities as usual; and ii) some companies are adhering to the strike and are applying the alternatives noted above (especially work from home office and vacation).