Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Employment Policy Convention, 1964 (No. 122) - Bolivia (Plurinational State of) (Ratification: 1977)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB), received on 30 August 2016 and 10 September 2018, in which the aforementioned organizations reiterate their previous observations. The Committee notes the Government’s reply to the first observation of the employers’ organizations, received on 5 September 2016. The Committee requests the Government to send its comments on the second observation.

Articles 1 and 2 of the Convention. Formulation and implementation of an active employment policy. In their observations, the employers’ organizations maintain that the protectionist labour policy implemented by the State in the last 12 years has had a negative impact on the formal labour market, detracting from full employment in the country. They state that the system of absolute labour stability and immunity prevailing in the country makes it impossible for employers to terminate employment, hampers the restructuring of enterprises and the implementation of innovations or technologies, and invalidates decisions to close enterprises. In addition, they denounce a considerable increase in the minimum wage, the imposition of a second bonus, and the lack of diversity in the General Labour Act as regards contracting schemes. The organizations indicate that article 49.III of the Political Constitution provides that the State shall protect labour stability, and that section 4, paragraph I(b), of Supreme Decree No. 28699 of 1 May 2006 provides that the employment relationship shall be governed by the principle of continuity, and this is why the longest possible duration is assigned to that relationship. They add that the system of labour stability and the reinstatement procedure governed by the aforementioned legislation is inconsistent with the provisions of section 13 of the General Labour Act and section 8 of its implementing regulations, which establish that when workers are dismissed for reasons beyond their control, employers are obliged to pay compensation and severance pay. The Government indicates in its reply that the changes in employment policy have contributed to the protection of workers’ rights and to achieving full employment. The Committee requests the Government to provide up-to-date information on the changes made in law and practice relating to the issues raised by the employers’ organizations, particularly on the application of the principle of labour stability in enterprises and their impact on full employment.

Labour market trends. Rates of employment, unemployment and visible underemployment. In its previous comments, the Committee asked the Government to provide information on progress made with regard to developing and implementing an active employment policy, and on the participation of the social partners in such implementation. The Committee notes the Government’s indication that up to the fourth quarter of 2016 the unemployment rate stood at 4.5 per cent. The Government reports the adoption of the “Economic and social development plan 2016–20”, in the context of the pillars of the Patriotic Agenda 2025. The Government also indicates that the Patriotic Agenda was the result of national consultations involving the participation of over 60,000 people through workshops, seminars and discussions with 338 municipalities. The Government adds that, as part of the aforementioned plan, a medium-range employment plan was adopted providing for the creation of some 600,000 jobs during its five-year duration. The Committee also notes the Government’s indication that, owing to the financial crisis affecting neighbouring countries, an emergency “Job creation plan” was adopted in May 2017, aimed at creating job opportunities and reducing the unemployment rate to 2.7 per cent. A number of measures have been adopted as part of that plan, such as: (i) the implementation of programmes to promote youth employment; (ii) the establishment of the “Seed capital fund”, which provides loans for micro and small enterprises; (iii) the adoption of the “Urban structure programme” and the “Programme for the protection and rehabilitation of productive areas”, which seek to create jobs by hiring individuals for public works construction projects; and (iv) the granting of a financial incentive to enterprises presenting proposals for the creation of a large number of jobs through public contracts. The Government refers to the implementation of the “Employment support programme”, whose main objective is to extend the coverage and effectiveness of active employment policies through improvements to the job placement system and the development of programmes that increase employability. In this respect, the Government indicates that from September 2012 to December 2016 a total of 18,846 jobseekers benefited from the “Employment support programme”. In addition, in 2016, the Public Employment and Vocational Guidance Service successfully implemented 19,225 job placements and provided training and vocational guidance for 2,814 job applicants. The Committee requests the Government to provide detailed, up-to-date information, including statistics disaggregated by sex and age, on the results achieved under the “Economic and social development plan 2016–20”, indicating in particular the rates of employment, unemployment and, if possible, visible underemployment.

Specific groups of socially vulnerable workers. The Government indicates that it has formulated active employment policies for socially vulnerable categories, particularly persons with disabilities. At the legislative level, the Committee notes that the Bill concerning labour market integration and economic support for persons with disabilities provides for the implementation of quotas in the public and private sectors (4 and 2 per cent, respectively) aimed at promoting entry into employment for persons with disabilities or their guardians (father, mother, spouse or legal guardian). The aforementioned Bill also provides for the payment of a monthly bonus in the event that the guardian of a person with a serious disability has been unable to benefit from the abovementioned employment programme. The Committee also notes that, in the context of the “Employment support programme”, job placement programmes were implemented with a view to improving the employability of persons with disabilities and/or their guardians. The Government indicates that 236 participants benefited from the “Employment support programme” in 2016 and that some 500 persons were estimated to have been beneficiaries in the second phase. As regards the victims of trafficking in persons, the Government indicates that section 24 of the Integrated Anti-Trafficking Act (No. 263 of 31 July 2012) provides that the Ministry of Labour, Employment and Social Welfare shall be obliged to arrange for the economic reintegration of victims. The Government indicates that the Directorate-General of Employment is formulating a policy with a view to their integration in the labour market, taking action in the area of prevention and with respect to the regulation of private employment agencies. The Committee requests the Government to continue providing information on the measures taken or contemplated for specific groups of socially vulnerable workers, and on the impact thereof.

Youth employment. The Government indicates that the National Constitution establishes the obligation for the State to ensure the integration of young persons in the labour market (articles 46–55 of the Constitution). The Committee notes that the Youth Act (No. 342 of 21 February 2013) provides that the State shall be obliged to create effective conditions for the entry of young persons into the labour market through job creation and the implementation of socio-economic policies. Moreover, the Education Act (No. 070 of 20 December 2010) establishes a system of vocational training. The Government indicates that one of the main objectives of the “Economic and social development plan 2016–20” regarding youth employment is to reduce the current unemployment rate for young persons in the 24–28 age group to 6.3 per cent. The Committee notes the adoption of an initial vocational training contract scheme (entitled “My first decent job”), which seeks to provide training for young persons on a low income in the 18–24 age group in various trades such as tailoring, industrial garment-making and construction of housing units. In this regard, the Government indicates that 1,367 young persons have benefited from the programme, of whom 56 per cent were women. The Government reports the adoption of a second contract scheme (entitled “Improving the employability and labour income of young persons”), which seeks to improve the employability of socially vulnerable young persons, in particular those who have not completed secondary education or who wish to establish and develop a microenterprise. The Committee requests the Government to provide detailed, up-to-date information, disaggregated by sex, on the results achieved by the measures taken to ensure entry into the labour market for young persons.

Informal economy and productive employment. The Government indicates that, in order to encourage the transition from informality to formality, the compulsory registration of employers and workers by size of enterprise has been reinforced. The Committee requests the Government to provide up-to-date information, disaggregated by sex and age, on the rate of informality in the country, and to provide detailed information on the measures taken to facilitate the transition of workers from the informal to the formal economy.

Microenterprises. The Committee once again requests the Government to provide information on the measures taken to improve the productivity and competitiveness of micro, small and medium-sized enterprises. It also requests the Government to provide information, including statistics, on the impact of such measures on the creation of jobs.

Cooperatives. The Committee once again requests the Government to provide information on the contribution of cooperatives to the creation of productive employment.

Coordination of education and vocational training policies with employment policy. The Committee once again requests the Government to provide detailed information on the coordination of education and vocational training policies with employment policy, and particularly on how the training opportunities provided by training institutes are coordinated with labour market demand for knowledge and skills.