Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Bolivia (Plurinational State of) (Ratification: 1973)

Article 8, paragraph 3 of the Convention. Compensatory rest. Further to its numerous comments on this matter, the Committee notes the Government’s indication that, following the adoption of the new Constitution on 7 February 2009, the Government intends to adopt and amend numerous laws, in particular, the General Labour Act (LGT). For more than 30 years, the Committee has been drawing the Government’s attention to the fact that section 31 of Regulatory Decree No. 244 of 1943, which allows the employer, in the event of work being carried out on the Sunday rest day, to grant the worker compensatory rest or compensatory pay of more than 100 per cent of the worker’s basic pay, is inconsistent with Article 8(3) of the Convention which requires compensatory rest regardless of any cash compensation which may be granted. In this regard, it recalls that offering only monetary compensation for weekly rest worked is contrary to the objective of the Convention of ensuring a minimum rest period for workers in order to protect their health and well-being. Furthermore, the Committee recalls that the drafting of the new Labour Code, for which the Office has offered assistance between 1988 and 1990, has not yet been completed. The Committee therefore urges the Government to take the necessary steps as soon as possible to finally bring its legislation into conformity with the requirements of the Convention and to provide a copy of the relevant legislative or regulatory text as soon as it has been adopted.