Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Bolivia (Plurinational State of) (Ratification: 1954)

Article 5 of the Convention. In reply to the Committee’s previous observation, the Government indicates in its report received in September 2003 that no progress has been made at the legislative level in guaranteeing compensatory periods of rest for workers employed on the weekly rest day. In the absence of any progress, the Committee is bound to repeat its previous observation, which read as follows:

The Committee recalls that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 (a regulation issued under the General Labour Act) allows more latitude to the employer than is envisaged under the Convention. The Committee is bound to highlight with regret that since 1966 the Government has been indicating that amendments to the Labour Act will bring the national legislation into conformity with Article 5 of the Convention. The Committee notes that despite its numerous direct requests and observations for the past 34 years, the Government mentioned in its last report that the amendment of the General Labour Act is under preparation and will be completed within a "reasonable period".

The Committee urges the Government to continue its tripartite consultations and to take all the necessary measures to bring section 31 of Decree No. 244 (regulation issued under the General Labour Act) into conformity with the Convention in the near future. It hopes that new legislation will be adopted in the near future and requests the Government to indicate any progress made in this respect and to provide a copy of the relevant text once it has been adopted.

The Committee is also addressing a request directly to the Government on certain matters.