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

Workers with Family Responsibilities Convention, 1981 (No. 156) - Bolivia (Plurinational State of) (Ratification: 1998)

The Committee recalls that it noted, in its previous comments, the promulgation of the political Constitution of the State on 7 February 2009 and requested the Government to provide information on the legislation adopted in accordance with this Constitution, as well as on the impact of Supreme Decrees Nos 0012 of 2009 and 496 of 2010, under which mothers and fathers working in the public or private sector may not be removed from their posts from the time of the pregnancy until the date on which their child reaches 1 year of age. The Committee notes that, according to the Government, no studies have been carried out enabling it to ascertain the impact of the abovementioned decrees. The Government also refers to the Pensions Act No. 065 of 10 December 2010, pointing out that under section 7 of this Act women may take early retirement, amounting to one year for each child up to a maximum of three. The Committee requests the Government to explain the rationale for section 7 of Act No. 065 of 10 December 2010 and the reasons for this section only applying to women. Recalling that the objective of the Convention is to promote equal opportunities and treatment in employment between men and women workers with family responsibilities, as well as between these workers and others, the Committee requests the Government to indicate the way in which this provision might contribute towards the promotion of this objective. The Committee also asks the Government to provide information on the application in practice of Supreme Decrees Nos 0012 of 2009 and 496 of 2010 and Act No. 045 of 8 October 2010 against racism and any forms of discrimination with respect to the Convention.

Article 1 of the Convention. The Committee notes that the Government refers to the Social Security Code and indicates that the family allowance provided for under this Code is granted to every dependent child older than one year and less than 16 years of age, or 19 years of age if the child is continuing to study in establishments authorized by the State, or without limit of time in the case of disabled children, whose invalidity occurred before the age limits stipulated in the Code. The Committee requests the Government to indicate whether there are other provisions under which the Convention would apply to other members of the workers’ immediate family who need care and support.

Article 2 of the Convention. The Committee notes that, according to the Government, all legal standards must be complied with throughout the national territory. The Committee nevertheless notes that the Government does not indicate in which sectors of activity or to which category of workers these apply. The Committee requests the Government to provide information on whether the legislation implementing the Convention applies to all workers of all categories and sectors of activity, or whether certain workers are excluded.

Article 3. National policy. The Committee reminds the Government that in order to ensure adequate application of the Convention, it is important to adopt measures guaranteeing that family responsibilities do not restrict the possibilities of men and women workers of preparing for, entering, participating in or advancing in economic activity. The Committee requests the Government to provide information on whether national policy on equal opportunities contains measures to enable persons with family responsibilities who are engaged or wish to engage in employment to exercise their right to do so without being subject to discrimination. The Committee also requests the Government to provide information on any other measures considered necessary to achieve the full implementation of the Convention, and actions carried out to this effect.

Article 4. The Committee notes that, according to the Government, Act No. 2426 of 21 November 2002 provides for universal insurance for mothers and children. The Committee would like to draw the Government’s attention to Chapter IV of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), and to its 1993 General Survey on workers with family responsibilities, paragraphs 128–191, with a view to adopting measures that take into account the needs of men and women workers with family responsibilities with respect to conditions of employment and social security. The Committee requests the Government to send more information on the measures the Government intends adopting in this respect.

Article 5. Services and facilities for the care of children and other members of the family. The Committee notes the Government’s statement that service of ombudspersons for children has been introduced. The Committee requests the Government to provide information on facilities existing at local or regional level or in enterprises, which are available to workers with family responsibilities to care for their children and other dependent members of the family, and the number of persons (children or dependent adults) covered by these.

Article 6. The Committee notes that, according to the Government, manuals and guidelines for men and women workers do not refer to workers with family responsibilities. The Committee requests the Government to ensure that national policies and programmes include measures to carry out activities, seminars or awareness-raising and information workshops to engender a broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities.

Article 8. The Committee requests the Government to state whether there have been any legal or administrative complaints lodged in relation to the dismissal of men or women workers on account of their family responsibilities.

Part III of the report form. The Government notes that Supreme Decree No. 29894 of 2009 establishes the responsibilities of the various Ministries, including the Ministry of Labour, Employment and Social Affairs, the Ministry of Health and Sport, and the Ministry of Justice. The Committee requests the Government to continue sending information on the supervision and enforcement of the principles of the Convention.