Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

The Committee notes the observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB), received on 3 September 2019. The Committee notes that the aforementioned organizations allege that the Government is violating the principle of free and voluntary negotiation by imposing the obligation on employers to negotiate and sign a wage agreement which implements the wage increase fixed unilaterally by the executive authority, and to do this within a fixed period of time or otherwise incur a fine. The Committee requests the Government to send its comments on this matter.

Articles 1, 2 and 4 of the Convention. Legislative issues. The Committee recalls that it has been referring for many years in its comments to the following matters relating to Articles 1, 2 and 4 of the Convention:

• -the need to adjust the amount of fines (the amount of which ranges from 1,000–5,000 Bolivian bolivianos) as envisaged in Act No. 38 of 7 February 1944, in order to make them a sufficient deterrent against possible acts of anti-union discrimination or interference; and
• -the need to guarantee the right to collective bargaining of public servants not engaged in the administration of the State and agricultural workers (the Constitution already does so, but the General Labour Act has not been amended accordingly).

In its previous comments, the Committee noted the Government’s indication that: (i) the issue of fines had been discussed with the Bolivian Workers’ Federation (COB) at round-table meetings; (ii) with regard to the exclusion of public servants not engaged in the administration of the State, a draft new Civil Service Act had been drawn up; and (iii) with regard to the exclusion of agricultural workers, work was also being carried out on drafting a new Labour Code. The Committee notes the Government’s indication that work is ongoing with regard to the above-mentioned issues. Noting with regret the lack of progress in this regard, the Committee firmly hopes that the new Civil Service Act and the new Labour Code will be adopted in the very near future and that, taking account of the Committee’s comments, they will be in full conformity with the provisions of the Convention. The Committee requests the Government to provide information on any developments in this regard and once again reminds it that it may request technical assistance from the Office, if it wishes.

Application of the Convention in practice. In its last direct request, the Committee asked the Government to provide full statistical data on the number of collective agreements concluded in the country, with an indication of the sectors and the number of workers covered. Observing that the information supplied by the Government once again refers to the number of collective agreements concluded in the different cities of the country, without indicating whether these are public or private sector agreements, or the number of workers covered by them, the Committee expresses the hope that the Government will be able to collect the statistics in question in the near future and requests it to send them as soon as they are available.