Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the comments of the International Trade Union Confederation (ITUC) of 30 August 2013, referring to matters that are already under examination by the Committee.

The Committee recalls that for many years its comments have been referring to the following matters relating to Articles 1, 2 and 4 of the Convention:

• -the need to adjust the amount of fines (of which the amount ranges between 1,000 and 5,000 Bolivian 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 collective bargaining (the Constitution already does so, but the General Labour Act has not been amended accordingly).

The Committee notes the Government’s indication in its report that the preliminary draft of the General Labour Act is undergoing consultation with the Bolivian Central of Workers. The Committee expresses the firm hope that the new General Labour Act will be adopted in the very near future, that it will be the subject of consultations with all the most representative workers’ and employers’ organizations and that, as a result: (i) the amount of the fines for acts of anti-union discrimination or interference will be adjusted so that they are sufficiently dissuasive; and (ii) the guarantees afforded by the Convention will be explicitly granted to public servants who are not engaged in the administration of the State and to all agricultural workers, whether they are wage earners or own-account workers. The Committee requests the Government to provide information in its next report on any developments in this respect and reminds it that, if it so wishes, it may have recourse to the technical assistance of the Office.

The Committee is raising other matters in a request addressed directly to the Government.