Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Maternity Protection Convention (Revised), 1952 (No. 103) - Bolivia (Plurinational State of) (Ratification: 1973)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the information supplied by the Government in its report, particularly concerning changes made and in progress in the social security field. In this regard, the Government states that subsequent to adoption of the Act on organization of the executive authorities of 1997, the Ministry of Labour and Small Enterprises no longer has responsibility for maternity insurance. The control and supervision of insurance now come under the Ministry of Health and Social Welfare. The Committee also notes the information supplied by the Government in reply to its previous comments and wishes to draw attention to the following points.

Article 1 of the Convention. In its previous comments, the Committee emphasized the need to take appropriate measures, both in law and in practice, to ensure that women workers at home and women agricultural workers benefit from the protection set out in the Convention. For women agricultural workers, the Government states that Congress has before it a draft supreme decree on the inclusion of wage earners in the agricultural sector under the General Labour Act, with the aim of harmonizing the rights of these workers in the field of social welfare and employment. The Committee notes this information with interest and hopes that the draft decree will be adopted very shortly. It hopes that the Government will not fail to take all the measures necessary to ensure that women agricultural workers and women workers at home all benefit in practice from the maternity protection provided by national legislation (General Labour Act and Social Security Code).

Article 3, paragraph 2. In its previous comments, the Committee noted that section 61 of the General Labour Act and Supreme Decree No. 2291 of 7 December 1950 applicable to women workers in the public administration provide for maternity leave of 60 days whereas, according to this provision of the Convention, the minimum period of maternity leave must be 12 weeks. In its latest report, the Government refers once again to section 31 of Decree No. 13214 of 24 December 1975 reforming the social security scheme which provides for payment of maternity benefits for a maximum duration of 45 days before and 45 days after confinement. According to the Government, this section amends section 61 of the abovementioned General Labour Act and allows effect to be given to this provision of the Convention. The Committee notes this information. Nevertheless, it still considers that in order to avoid any contradiction between the various provisions of legislation applicable, labour legislation (section 61 of the General Labour Act and Supreme Decree No. 2291 concerning women workers in the public administration) should be aligned with social security legislation in order to provide expressly for the right to maternity leave of not less than 12 weeks. The Committee considers amendment of labour legislation all the more necessary since social security legislation does not always apply to all categories of women workers covered by the Convention.

Article 3, paragraph 4. The Committee hopes that the Government’s next report will contain information on the measures taken or envisaged to include in the General Labour Act, the Social Security Code and the legislation in respect of public servants and employees a provision allowing for the extension of prenatal leave where confinement takes place later than the presumed date, without any reduction in the minimum postnatal leave period of six weeks prescribed by the Convention.

Article 4, paragraphs 5 and 8. The Committee notes the adoption of Supreme Decree No. 24303 of 24 May 1996 on national insurance in relation to maternity and childhood. This free insurance provides medical benefits to the insured persons before, during and after confinement, as well as to children under the age of 5 years for certain diseases. The Committee requests the Government to supply a copy of this Decree. In regard to cash benefits, the Committee requests the Government to specify the measures taken or contemplated to ensure that women workers who do not fulfil the conditions set out in the Social Security Code or who are not yet covered by this scheme receive cash benefits either out of public funds or through public assistance schemes.

Article 5. In its previous comments, the Committee noted that section 61 of the General Labour Act which contains a provision concerning nursing breaks does not apply to public servants and employees as this category of workers is not covered by the General Labour Act. In its latest report, the Government indicates that section 61 applies both to the private sector and the public sector. In these circumstances, the Committee considers that the Government should not encounter any difficulties to include in the legislation concerning the working conditions of public sector employees a provision expressly laying down the right to nursing breaks. The Committee requests the Government to supply information on any progress made in this respect.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.