Constitution

Paraguay 1992 Constitution (reviewed 2011)

Table of Contents

Chapter VIII. Of Labor

Section I. Of Labor Rights

Article 86. Of the Right to Work

All the inhabitant of the Republic have the right to a legal job, freely chosen and to realize it in dignifying and just conditions.

The law will protect work in all its forms and the rights that it grants to the workers are non-renounceable.

Article 87. Of Full Employment

The State shall promote policies that tend to the full employment and to the professional training of human resources, giving preference to national workers.

Article 88. Of Nondiscrimination

No kind of discrimination will be admitted between the workers for motives of ethnic, gender [sexo], age, religion, social status and political or syndical preferences.

The work of persons with limitations or physical or mental incapacities will be especially protected [amparado].

Article 89. Of the Work of Women

The workers of both sexes have the same labor rights and obligations, but maternity will be subject to special protection, that will include the assistance services and the corresponding leaves of absence [descansos], which will not be less than 12 weeks. A woman may not be terminated [despedida] during the pregnancy, or as long as the leaves of absence for maternity continue.

The law will establish the regime of paternity licenses.

Article 90. Of the Work of Minors

Priority will be given to the rights of working minors to guarantee their normal physical, intellectual and moral development.

Article 91. Of the Working Days [Jornadas] and of Resting Days

The maximum duration of the ordinary working day will not exceed eight daily hours and 48 weekly hours, of daytime, except those legally established for special motives. The law will establish more favorable working days for the unsanitary, dangerous, painful, [and] night time tasks, or those whose development is in continuous rotating shifts.

The annual leaves of absence and vacations will be remunerated in accordance with the law.

Article 92. Of the Remuneration of the Work

The workers have right to enjoy a remuneration that assures, them and their families, of a free and dignifying life. The law will consecrate the minimum and mobile living wage [salario vital], the annual year-end bonus [aguinaldo], the family bonuses, the recognition of a superior salary to the basic for hours of [a] unsanitary or risky work, and the extraordinary, night and holiday hours. Basically, equal salary for equal work corresponds.

Article 93. Of the Additional Benefits to Workers

The State will establish a regime of stimulus for the enterprises that encourage their workers with additional benefits. Such additional remunerations [emolumentos] will be independent from the respective salaries and from the other legal benefits.

Article 94. Of Stability and of Indemnification

The right to stability of the workers is guaranteed within the limits established by the law, as well as their right to indemnification in the case of unjustified dismissal.

Article 95. Of Social Security

The law will established the obligatory and complete [integral] system of social security for the dependent workers and their families. Its extension will be promoted to all the sectors of the population.

The services of the social security system may be public, private or mixed, and in all cases will be supervised by the State.

The financial resources of the social securities will not be diverted from their specific goals [fines] and; will be available for this objective, without prejudice to the lucrative investments that could increase their patrimony.

Article 96. Of the Syndical Freedom

All workers[,] public and private[,] have the right to organize themselves in trade unions [sindicatos] without a prior authorization. The members of the Armed Forces and of the Police Forces are excepted from this right.

The employers enjoy an equal freedom of organization. No one may be obligated to belong to a trade union [sindicato].

For the recognition of a trade union [sindicato], it will be enough to register it with the competent administrative organ.

For the election of authorities and for the functioning of the trade unions [sindicatos], democratic practices established in the law will be observed, which will also guarantee the stability of the syndical leader [dirigente].

Article 97. Of the Collective Agreements [Convenios]

The trade unions [sindicatos] have the right to promote collective actions and to concur in [concertar] agreements on the conditions of work.

The State will favor conciliatory solutions of the conflicts of labor and social concurrence [concertación]. Arbitration will be optional.

Article 98. Of the Right to Strike and to Lock-out [Paro]

All the workers of the public and private sectors have the right to invoke [recurrir] the strike in the case of conflict of interests. The employers enjoy the right of lock-out in the same conditions.

The rights to strike and of lock-out do not extend to [alcanzan] the members of the Armed Forces of the Nation, nor those of the police.

The law will regulate the exercise of these rights, so that they do not affect public services indispensable [imprescindibles] to the community.

Article 99. Of Compliance with the Labor Norms

Compliance with the labor norms and those of safety and hygiene at work will be subject to the fiscal control of the authorities created by the law, which will establish the sanctions in the case of their violation.

Article 100. Of the Right to Housing [Vivenda]

All the inhabitants of the Republic have the right to a dignifying housing.

The State will establish the conditions to make this right effective, and shall promote plans of housing of social interest, specially those destined to families of scarce resources, through systems of adequate financing.

Section II. Of the Public Function

Article 101. Of the Functionaries and of the Public Employees

The functionaries and the public employees are at the service of the country. All Paraguayans have the right to occupy public functions and employments.

The law will regulate the various careers in which these functionaries and employees provide [presten] services, which, without prejudice to others, are the judicial, teaching [la docente], the diplomatic and consular, that of scientific and technological research, that of civil service, the military and the police [careers].

Article 102. Of the Labor Rights of the Functionaries and of the Public Employees

The functionaries and the public employees enjoy the rights established in this Constitution in the section concerning labor rights, in a uniform regime for the various careers within the limits established by the law and safeguarding the acquired rights.

Article 103. Of the Regime of Retirement

The law will regulate the regime of retirement of the functionaries and the public employees within the national system of social security, seeing to it [atendiendo] that the autarchic organs created with that purpose grant [acuerden] to the contributors [aportantes] and retired [persons] [jubilados] the administration of those entities [entes] under state control. All those who, under any title, provide [presten] services to the State will participate in the same regime.

The law will guarantee the updating of the retirement assets in equality of treatment exempting [dispensando] the public functionary in active [service].

Article 104. Of the Obligatory Declaration of Assets and Income [Rentas]

The functionaries and the public employees, including those of popular election, those of bi-national, autarchic, decentralized state entities [entidades] and, in general, those who receive permanent remunerations from the State, will be obligated to provide [prestar] [a] sworn declaration of assets and income [rentas] within fifteen days of entering into possession of their office [cargo], and in [an] equal time period at the ceasing of the same.

Article 105. Of the Prohibition of Double Remuneration

No person may perceive as [a] functionary or [a] public employee, more than one salary or remuneration simultaneously, with the exception of those coming from the exercise of teaching.

Article 106. Of the Responsibility of the Functionary and of the Public Employee

No functionary or public employee is exempt from responsibility. In the cases of transgressions, misdemeanors or faults committed while in the performance of their functions, they are personally responsible, without prejudice to the subsidiary responsibility of the State, with right of the State to claim [repetir] the payment of what it were to credit [abonar] under such concept.