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

Maternity Protection Convention (Revised), 1952 (No. 103) - Bolivia (Plurinational State of) (Ratification: 1973)

The Committee notes that the Government’s report does not contain a reply to its previous comments, but indicates that the Ministry of Labour, Employment and Social Welfare and the Bolivian Central of Workers (COB) are working together on the formulation of the Bill intended to amend the current General Labour Act and which, inter alia, refers to matters relating to benefits for the birth of a child. The Committee trusts that the Government will not fail to take this opportunity to bring its legislation into full conformity with the Convention in relation to the matters referred to below, and that it will indicate the progress achieved in this respect in its next report.

Article 1 of the Convention. Agricultural workers. In the absence of a reply by the Government to its previous comments concerning the protection of women agricultural workers, the Committee is bound to express once again the firm hope that the Government will not fail to take all the necessary measures in the very near future to ensure that all these women workers benefit in both law and practice from the maternity protection afforded by the national legislation (General Labour Act and Social Security Code).

Article 3(2). Duration of maternity leave. The Committee observes that the relevant provisions of the labour legislation (section 61 of the General Labour Act and Supreme Decree No. 2291 on women workers in the public administration) would need to be aligned with the social security legislation (section 31 of Decree No. 13214 of 24 December 1975) so as to establish explicitly and without ambiguity the right to maternity leave of at least 12 weeks, in accordance with the Convention.

Article 3(4). Late confinement. The Committee asks the Government to provide information in its next report on the measures adopted in practice for the inclusion in the General Labour Act, the Social Security Code and the legislation respecting public servants and employees of a provision explicitly establishing the possibility of extending prenatal leave where confinement occurs later than the presumed date, without any reduction in the minimum period of post-natal leave of six weeks prescribed by the Convention.

Article 4(1) and (3). Medical benefits. The Committee requests the Government to provide information on the establishment in practice of universal health insurance for mothers and children (Seguro Universal Materno Infantil) and in particular to provide statistics on the number of women workers covered in relation to the total number of employed persons, and the number of women workers who have received care from the health services in the context of the universal health insurance for mothers and children, with an indication of the nature of the medical care received. Please also provide copies of the implementing regulations envisaged in section 10 of the Act of 22 November 2002. The Committee would also be grateful if the Government would provide information in its next report on the results achieved and the difficulties encountered in the implementation of the new health policy.

Article 4(4) and (5) and (8). Entitlement to benefits. The Committee requests the Government to indicate the measures adopted or envisaged to ensure the provision of maternity benefit: (i) by means of public funds for women who are not yet covered by the social security scheme; and (ii) in the context of public assistance for those who fail to meet the qualifying conditions prescribed by the Social Security Code.

Article 5. Nursing breaks. The Committee is bound to request the Government once again to indicate in its next report the measures adopted or envisaged to supplement the legislation respecting conditions of employment in the public administration with a provision explicitly granting entitlement to nursing breaks to women workers in this sector.

Part V of the report form. The Committee requests the Government to provide detailed information in its next report, including statistics, on the application in practice of the system of maternity benefits, in both cash and in kind (regions and municipalities covered, number of employed persons who in practice benefit from the envisaged protection in relation to the total number of employed persons, summaries of inspection reports, number and nature of the violations reported and any other details relating to the application of the Convention in practice).