Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee notes the Government’s reply to the comments made by the International Trade Union Confederation (ITUC) in 2009. The Committee also notes the new comments of the ITUC, dated 4 August 2011, which relate to matters that are already under examination by the Committee.

Legislative matters. The Committee recalls that for many years it has been addressing the following matters in its comments:

• – the need to adjust the amount of the fines (between 1,000 and 5,000 bolivianos (BOB)) envisaged in Act No. 38 of 7 February 1944 to make them sufficiently dissuasive against acts of anti union discrimination or interference; and
• – the need to guarantee the right to organize of public servants and agricultural workers and, hence, their right to collect bargaining.

In its previous observation, the Committee noted in relation to these matters the Government’s indication that: (1) following the approval of the new Political Constitution, the Ministry of Labour, Employment and Social Welfare would satisfy itself that the new draft Code of Labour Procedure is efficient and effective, allowing labour disputes or conflicts to be resolved more promptly; (2) the guarantees laid down in the Convention have been gradually extended to agricultural workers and the Chamber of Senators of the National Congress has before it a Bill on agricultural or rural workers, the aim of which is to establish conditions of work and rights for agricultural workers; and (3) the wording of the new Political Constitution drew on Convention No. 98; its application has to be regulated through statutory laws; and the Ministry of Labour, Employment and Social Welfare is currently preparing a new Labour Bill which will take into account and incorporate the Committee’s observations.

The Committee notes the Government’s indication in its report that it has taken note of the Committee’s comments and that the draft reform of the Labour Code was replaced by the preliminary draft of the General Labour Act, which is currently being drawn up with a view to its approval. The Committee expresses the firm hope that the legislative process that is reported to have begun following the adoption of the new Political Constitution will be completed in the near future and that as a consequence: (1) the level of fines imposed for acts of anti-union discrimination or interference will be updated to ensure that they are sufficiently dissuasive; and (2) the guarantees laid down in the Convention will be granted to public officials who are not engaged in the administration of the State and to all agricultural workers, whether they are employed or work on their own account. The Committee reminds the Government that it can have recourse to ILO technical assistance if it so wishes.

Content of collective bargaining. Noting that for many years collective bargaining has in practice only covered wages, but not other terms and conditions of employment, the Committee requested the Government in its previous observation to take the necessary measures to encourage collective bargaining, including the bargaining of subjects other than wages, such as other conditions of employment, and to provide information in this regard. The Committee notes the Government’s reference to the procedure for the negotiation of claims and its indication that: (1) collective bargaining does not solely cover wage matters and it is necessary to take into account the fact that sections 23 to 27 of the General Labour Act and sections 17 to 20 of its Regulatory Decree cover the collective contract of employment, which is understood as the agreement concluded between the employer and a workers’ union, federation or confederation, with a view to determining general conditions of work or regulating them; (2) Supreme Decree No. 05051 of 1 October 1950 regulated aspects of the collective contract of employment; and (3) sections 106 to 113 of the General Labour Act and sections 149 to 158 of its Regulatory Decree regulate the process of conciliation and arbitration in the context of collective labour disputes. The Committee notes this information, but recalls that its comments on the subjects that are open to collective bargaining do not refer to the legislation (which undoubtedly authorizes them), but rather to practice.

The Committee also recalls that in its previous observation it noted that Article 49(2) of the new Constitution provides that “ the law shall regulate labour relations respecting collective contracts and agreements; sectoral and general minimum wages and wage increases; reinstatement; paid rest and holidays, accounting of years of service, hours of work, overtime, supplements for night work, Sunday rates; the additional salary at the end of the year; bonuses or other schemes for participating in a company’s profits; compensation and severance pay; maternity protection; training and vocational training and other social rights”. The Committee requested the Government to explain the exact meaning of this provision and to indicate specifically whether its purpose is to establish minimum standards in the areas covered or to replace provisions concluded in the framework of collective bargaining. In this respect, the Committee notes the Government’s indication that, in accordance with the Political Constitution, consideration will be given to the adoption of provisions governing the issues raised and that information will be provided in future reports on the progress achieved. The Committee notes this information.

Application of the Convention in practice. In its previous observation, the Committee requested the Government to provide statistical data on the number of collective agreements in the public and private sectors, the subjects addressed and the number of workers covered. In this regard, the Committee notes the Government’s indication that it does not yet have processed data on the subjects covered and the number of workers covered, for which reason it notes the Committee’s request and will provide information in later reports. The Committee expresses the hope that in the near future the Government will be able to collect the requested statistical data and requests it to provide such data as soon as it becomes available.