Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Protection of Wages Convention, 1949 (No. 95) - Bolivia (Plurinational State of) (Ratification: 1977)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the report, and notes with interest the Government's statements regarding Articles 1 and 4 of the Convention. The Committee requests the Government to provide in its next report information on the following points:

Article 2. The Committee notes the information supplied by the Government and would be grateful if it would state whether similar provisions to those adopted in respect of agricultural workers in cotton and sugar-cane, are to be enacted in order to extend the provisions of the General Labour Act to all agricultural workers. In this connection, the Committee recalls (as indicated in the comments it is making this year under Convention No. 107) that the Government stated that a draft Decree had been prepared enabling the provisions of the General Labour Act to be extended to both permanent and temporary agricultural workers. Please indicate the progress of the adoption of the above draft and on the measures taken in this respect. Furthermore, the Committee recalls that public employees and the civilian employees of the armed forces are covered by different schemes from that established in the General Labour Act. The Committee would be grateful if the Government would provide a copy of the legislation in force which establishes, inter alia, the principles for the protection of the wages of these workers.

Article 3, paragraph 1. The Committee notes the Government's explanations and would be grateful if it would enclose with its next report a copy of the Act of 7 of September 1901, which expressly prohibits the payment of wages in the form of vouchers. Furthermore, the Committee notes that section 48 of Supreme Decree No. 21060, of 29 August 1985, establishes that "the basic wage includes remunerations in the form of all existing vouchers, in both the public and private sectors, whether such vouchers are provided for in collective agreements, arbitration awards or legislation, with the exception of seniority and production vouchers where the latter exist, and of area, border or regional vouchers". The above section would appear to provide for the payment or, in certain cases, at least the partial payment of wages in the form of vouchers which, according to the above text, are included in the basic wage except in the cases set forth in the text. The Committee would be grateful if the Government would provide information to clarify the situation and state the measures which it has adopted or is contemplating to give effect to the explicit prohibition laid down in this provision of the Convention.

Article 5. The Committee takes note of the Government's comments on the application of this provision of the Convention. The Committee trusts that the Government will consider adopting legislation or regulations in the near future to bring the legislation into conformity with the practice, thereby giving full effect to this provision of the Convention.

Article 6. The Committee takes note of the Government's explanations concerning the deduction of 20 per cent of the monthly wages of agricultural workers in cotton and sugar-cane, and of the provision set forth in section 26 of Supreme Decree No. 20255. The Committee once again requests the Government to indicate the measures adopted or contemplated to guarantee that this provision is applied to all agricultural workers.

Article 8. With reference to its earlier comments, the Committee takes note of the explanations supplied by the Government, but points out that they do not reply to the points raised by the Committee. In this respect, the Committee recalls that it pointed out that section 42 of Supreme Decree No. 244 does not establish a general limit for the deductions the employer is authorised to make, when such deductions are provided for in the contract. With reference to section 26 of Supreme Decree No. 20255, previously referred to by the Government, the Committee points out that the only deductions permitted are those provided for by the law. The Committee therefore requests the Government to supply information on the scope of section 26 of Supreme Decree No. 20255 and to indicate the measures which have been taken or are contemplated to fix a limit on deductions that may be made, in conformity with paragraph 1 of this Article.

Article 9. The Committee notes the information supplied by the Government concerning the employment offices and units which it has set up in La Paz and other cities. With reference to its earlier comments, the Committee recalls that the national legislation contains no general provision (except in respect of domestic workers) prohibiting wage deductions for the purpose of retaining or obtaining employment. The Committee again requests the Government to indicate the measures it has adopted or intends to adopt to ensure that this provision covers workers in general. With reference to the intentions expressed by the Government in its 1987 report concerning the application of Convention No. 96, the Committee would be grateful if the Government would provide information on the measures adopted to ensure that workers do not have to make any payment whatsoever to private employment agencies in order to obtain work.

Article 10. The Committee takes note of the explanations supplied by the Government and recalls in this respect that the provisions referred to by the Government (particularly section 179 of the Civil Procedure Code) provide only that wages shall not be attached. The Committee points out that this Article of the Convention provides for the protection of workers' wages not only against attachment but also against assignment. The Committee would therefore be grateful if the Government would supply information on the measures taken or contemplated to protect workers' wages in respect of assignment, in accordance with this provision of the Convention.

Article 11. The Committee notes from the Government's report that workers are treated as privileged creditors and take precedence over all other creditors of the employer. The Committee would be grateful if the Government would indicate the legal text or texts containing this principle of precedence for workers, and any other text which gives effect to this Article of the Convention.

Article 12. With reference to its earlier comments, the Committee recalls that in accordance with Supreme Decree No. 20255, the final wages due to sugar-cane and cotton workers must be paid within seven days of the end of the contract. The Committee recalls that neither the General Labour Act nor Supreme Decree No. 244 establishes time-limits for such payments in respect of workers in general. The Committee therefore repeats its request to the Government to indicate the measures adopted or contemplated to ensure that the final settlement of wages due is effected in accordance with the provisions of paragraph 2 of this Article of the Convention, for all workers covered by the provisions of the General Labour Act and its regulations.

The Committee wishes to recall the comments it made in 1983 concerning the application of Convention No. 117, regarding alleged abuses in the payment of wages to agricultural workers. These allegations were made by the Anti-Slavery Society for the Protection of Human Rights, and were discussed in the Working Group on Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities. In this connection, the Committee requested the Government to indicate whether it had conducted investigations after being informed of the content of the Anti-Slavery Society's report into the pay stoppages and delay in the payment of wages as a means of inducing workers to remain in agricultural establishments, and into the non-payment of wages due and advances on wages, which cause indebtedness among the workers and compel them to remain in the service of landowners until their debts are written off. The Committee hopes that the Government will provide all available information in this respect in its next report.

Article 14. The Committee recalls that in earlier comments it pointed out that the national legislation does not give full effect to the requirements of this provision of the Convention, which provides that workers must be informed when any changes take place in the particulars of their wages. The Committee requests the Government to indicate the measures taken or contemplated to ensure that the workers are informed of any changes in their wages.

Article 15. The Committee again requests the Government to indicate the measures adopted or contemplated for the maintenance of adequate records, in accordance with subparagraph (d) of this Article.