In Paraguay, termination of employment is categorized into justified termination (with cause) and unjustified termination (without cause). Employees with 10 or more years of service are provided with additional protections.

Justified Termination

Under the Paraguayan Labor Code (Articles 81 & 82), employers can lawfully dismiss an employee for reasons such as:

• Misconduct: This includes theft, insubordination, repeated negligence, violence, disclosure of confidential information, and similar behaviors.
• Poor Performance: This refers to consistently failing to meet required performance standards or causing substantial damage to the employer.
• Other Justifiable Grounds: This may include an economic downturn leading to necessary reductions in the workforce.

Notice Requirements

Employers are required to provide written notice of termination. The notice period varies depending on the employee's length of service (Paraguayan Labor Code, Articles 87 & 88):

• Less than 1 year of employment: 30 days' notice
• 1 to 5 years of employment: 45 days' notice
• 5 to 10 years of employment: 60 days' notice
• More than 10 years of employment: 90 days' notice

Severance Pay

• Unjustified Termination: Employees terminated without a lawful reason are entitled to 15 days of severance pay for each year of service or fraction exceeding six months (Paraguayan Labor Code, Articles 84 & 91).
• Justified Termination: Employees dismissed for cause are generally not entitled to severance pay. However, if the employer cannot prove the alleged cause for termination in court, the employee may be entitled to severance and back pay.

Special Protections for Long-Term Employees

Employees with at least 10 years of tenure enjoy additional protection. The employer can only dismiss them for a justified cause. If the employer is unable to demonstrate a justified cause before a labor court, the employee may be entitled to reinstatement or double the standard severance payment.

It's important to note that Paraguayan employment laws are subject to revisions. Always consult the latest version of the Labor Code or a qualified legal professional in Paraguay for the most up-to-date information.

Paraguayan law prohibits discrimination based on several characteristics such as gender, race, language, disability, social status, and to some extent, sexual orientation and gender identity. However, it's important to note that while "religion" and "political opinion" are included in workplace discrimination bans, they are not fully protected characteristics throughout all spheres of Paraguayan society. There is a need for more comprehensive anti-discrimination legislation in Paraguay, creating gaps in protection.

Redress Mechanisms

If you face discrimination in Paraguay, you have a few options. You can file a complaint with the Ministry of Labor (Ministerio de Trabajo, Empleo y Seguridad Social), who investigate workplace discrimination claims. Alternatively, you can submit a criminal complaint, as severe discrimination could lead to criminal charges and penalties. Another option is to file a civil lawsuit to seek compensation for any damages related to discriminatory acts.

Employer Responsibilities

Employers in Paraguay must comply with anti-discrimination laws. They should develop and publicize a clear policy against discrimination in the workplace. This policy should be distributed to all employees and included in recruitment processes. Employers should also ensure all aspects of employment are free from bias: hiring, promotions, wages, training, and termination. They should set up a clear means of reporting discrimination within the workplace and ensuring investigation or resolution of complaints. Additionally, they should provide training for managers and staff on identifying and preventing discrimination, along with company policies.

Limitations to Keep in Mind

Paraguayan anti-discrimination legislation and its enforcement mechanisms are not as robust compared to some other nations. Specific protections based on certain traits (like sexual orientation or gender identity) are not explicitly outlined in the law. The burden of proof in discrimination cases often falls heavily on the victim.

Paraguay's Labour Code of 1993 outlines minimum standards for working conditions, including regulations on work hours, rest periods, and ergonomic requirements.

Work Hours

• Standard Workweek: Paraguay's standard workweek is 48 hours, spread over a maximum of six working days.
• Overtime: Overtime work is allowed by law, but with restrictions. Daily overtime cannot exceed three hours, and weekly overtime cannot exceed nine hours.
• Night Work: Work between 10 pm and 6 am is generally considered night work. Night workers receive additional compensation on top of their regular wages.

Rest Periods

• Daily Rest: Workers are legally entitled to a minimum rest period of one hour during the workday.
• Weekly Rest: All workers must receive at least one uninterrupted rest day per week, typically on Sunday.

Ergonomic Requirements

While Paraguayan labor law doesn't explicitly mention ergonomic requirements, employers have a general duty to provide a safe and healthy work environment for their employees. This could be interpreted to include obligations regarding ergonomic considerations, such as providing proper seating or workstations to prevent musculoskeletal disorders.

These are the minimum standards established by law. Employers and workers can negotiate terms that are more favorable to the employee, as long as they don't violate the Labour Code.

Paraguay prioritizes worker well-being through a framework of health and safety regulations. These regulations outline employer obligations, employee rights, and the enforcing bodies responsible for ensuring a safe work environment.

Employer Obligations

The Labour Code (1993) and Decree No. 14.390 (1992), also known as the General Technical Regulation on Occupational Safety, Hygiene and Medicine, form the cornerstone of Paraguayan health and safety regulations. These regulations impose several key obligations on employers:

• Risk Prevention: Employers must take all necessary steps to identify and mitigate potential workplace hazards.
• Safe Work Environment: They are responsible for providing a safe and healthy work environment, including proper ventilation, lighting, and sanitation.
• Personal Protective Equipment (PPE): Employers must furnish employees with necessary PPE, such as gloves, masks, or safety glasses, free of charge.
• Training and Information: Workers have the right to receive training and information on workplace hazards, safe work practices, and emergency procedures.
• Medical Examinations: Employers must ensure pre-employment medical examinations and periodic checkups to monitor employees' health.

Employee Rights

Paraguayan workers have the following rights regarding health and safety in the workplace:

• Refusal of Unsafe Work: Employees have the right to refuse work they believe is unsafe or unhealthy without fear of retaliation.
• Reporting Hazards: They can report any workplace hazards to their employer or the Ministry of Justice and Labour.
• Access to Information: Workers have the right to access information on workplace safety regulations and their employer's safety policies.

Enforcement Agencies

The Ministry of Justice and Labour, through its Occupational Safety and Hygiene Directorate, is the primary enforcement agency for health and safety regulations. The Directorate conducts workplace inspections, investigates accidents, and imposes fines on employers who fail to comply with the regulations.