Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bolivia (Plurinational State of) (Ratification: 1973)

The Committee notes the Government’s report.

Articles 1, 2 and 3 of the Convention. In its previous comments, the Committee had requested the Government to take steps to update (from 1,000 to 5,000 bolivianos) the amount of the fines established in Legislative Decree No. 38 of 7 February 1944, in order to make them sufficiently dissuasive against acts of anti-union discrimination or interference.

Articles 4 and 6. The Committee had observed previously that the legislation denies public employees the right to organize and requested the Government to take steps to have the legislation amended so that public employees not engaged in the administration of the State have the right to bargain collectively through their organizations.

The Committee has been informed that, during the technical assistance mission which took place from 19 to 21 April 2004, the Government and the social partners reached an agreement to modify the legislation on the above points, including in order to introduce a provision establishing that the Ministry of Labour will promote collective bargaining. The Committee notes this information. The Committee notes the will of the Government to pursue the reform, which has not been approved yet due to the political crisis in the country and the forthcoming national elections. The Committee hopes that the tripartite agreement in question will lead to legislative changes in the near future and requests the Government to keep it informed in this respect.

Lastly, the Committee had previously requested the Government to take measures, in accordance with Article 4 of the Convention, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment (which are not limited to wage matters) by means of collective agreements. The Committee notes the information provided by the Government on the collective agreements in force and their content as well as the tripartite agreement for the Labour Ministry to promote collective bargaining. The Committee further notes that there are 43 collective agreements, 16 of them covering only wage matters. The Committee requests the Government to keep it informed of all the measures taken to promote collective bargaining as well as the number of collective agreements concluded and the matters which they cover. The Committee again requests the Government to provide information on the collective agreements in force, their content and the number of workers they cover.