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

Hours of Work (Industry) Convention, 1919 (No. 1) - Bolivia (Plurinational State of) (Ratification: 1973)

Article 6, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes the adoption of the new National Constitution on 7 February 2009 which implies amending numerous legislative texts, including the General Labour Act which is in the process of being formulated. Further to its previous comments on intermittent work, the Committee notes that, according to the Government, section 46 of the General Labour Act and its implementing Decree, No. 244 of 1943, list exhaustively the permanent exceptions to daily working hours, which apply to persons holding management positions, positions of trust and supervisory posts, as well as persons whose work is discontinuous. The Committee notes that the Government provides no information on the types of job concerned by this exception which are deemed to be intermittent within the meaning of Article 6(1)(a) of the Convention. While recalling that, under this provision of the Convention, regulations made by public authority shall determine by industry or occupation the permanent exceptions that may be allowed in preparatory or complementary work (i.e. work which must necessarily be carried on outside the limits laid down for the general working of an establishment) or for certain classes of workers whose work is essentially intermittent, and the number of additional hours authorized and the rate of pay for overtime, the Committee again asks the Government to state the types of work that are covered by this exception.

Articles 3 and 6, paragraph 1(b). Overtime. The Committee notes that the Government provides no information on the limiting of overtime to the instances specifically listed at section 37 of Decree No. 244 of 1943. The Committee hopes that the Government will take account of its comments in formulating the new General Labour Act, in particular by amending section 50 of the General Labour Act, as the Committee has been requesting for many years, and that it will limit the possibility of overtime work to the instances allowed by the Convention, namely: (i) in case of accident, actual or threatened; (ii) in case of urgent work to be done to machinery or plant; (iii) in case of force majeure, but only so far as may be necessary to avoid serious interference with the ordinary working of the undertaking; and (iv) to enable establishments to deal with exceptional cases of pressure of work. The Committee requests the Government to keep the Office informed of any developments in the preparation of the new General Labour Act and to provide a copy of the text as soon as it has been finalized. It reminds the Government that, should it so wish, it may seek technical assistance from the ILO through its Regional Office in Lima, in making the necessary legislative amendments to give full effect to the provisions of the Convention.