Hours of Work (Industry) Convention, 1919 (No. 1) - Bolivia (Plurinational State of) (Ratification: 1973)

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

Articles 3 and 6(1)(a) and (b) of the Convention. Permanent exceptions, intermittent work. Overtime. The Committee requests the Government to refer to the comments made under Article 7(1)(a) and (2) of the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 6, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes the adoption of the new National Constitution on 7 February 2009 which implies amending numerous legislative texts, including the General Labour Act which is in the process of being formulated. Further to its previous comments on intermittent work, the Committee notes that, according to the Government, section 46 of the General Labour Act and its implementing Decree, No. 244 of 1943, list exhaustively the permanent exceptions to daily working hours, which apply to persons holding management positions, positions of trust and supervisory posts, as well as persons whose work is discontinuous. The Committee notes that the Government provides no information on the types of job concerned by this exception which are deemed to be intermittent within the meaning of Article 6(1)(a) of the Convention. While recalling that, under this provision of the Convention, regulations made by public authority shall determine by industry or occupation the permanent exceptions that may be allowed in preparatory or complementary work (i.e. work which must necessarily be carried on outside the limits laid down for the general working of an establishment) or for certain classes of workers whose work is essentially intermittent, and the number of additional hours authorized and the rate of pay for overtime, the Committee again asks the Government to state the types of work that are covered by this exception.

Articles 3 and 6, paragraph 1(b). Overtime. The Committee notes that the Government provides no information on the limiting of overtime to the instances specifically listed at section 37 of Decree No. 244 of 1943. The Committee hopes that the Government will take account of its comments in formulating the new General Labour Act, in particular by amending section 50 of the General Labour Act, as the Committee has been requesting for many years, and that it will limit the possibility of overtime work to the instances allowed by the Convention, namely: (i) in case of accident, actual or threatened; (ii) in case of urgent work to be done to machinery or plant; (iii) in case of force majeure, but only so far as may be necessary to avoid serious interference with the ordinary working of the undertaking; and (iv) to enable establishments to deal with exceptional cases of pressure of work. The Committee requests the Government to keep the Office informed of any developments in the preparation of the new General Labour Act and to provide a copy of the text as soon as it has been finalized. It reminds the Government that, should it so wish, it may seek technical assistance from the ILO through its Regional Office in Lima, in making the necessary legislative amendments to give full effect to the provisions of the Convention.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 6, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 8 December 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Articles 3 and 6, paragraph 1(b). Additional hours of work. The Committee notes that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow up to two additional hours of work a day under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee notes that the exception in section 37 is covered by the exceptions allowed under Article 3 of the Convention. However, the Committee also notes that according to the Government’s report the internal rules of enterprises specify the hours of work and the circumstances in which additional hours of work may exceptionally be authorized. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244. It again recalls that Article 6, paragraph 1(b), of the Convention allows the granting of temporary exceptions to the rules on hours of work only in order to enable establishments to deal with cases of abnormal pressure of work. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 6, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 8 December 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Articles 3 and 6, paragraph 1(b). Additional hours of work. The Committee notes from the information supplied by the Government in its last report that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow up to two additional hours of work a day under any circumstances. It also notes that in support of that assertion, the Government referred to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee notes that the exception in section 37 is covered by the exceptions allowed under Article 3 of the Convention. However, the Committee also notes that according to the Government’s report the internal rules of enterprises specify the hours of work and the circumstances in which additional hours of work may exceptionally be authorized. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244. It again recalls that Article 6, paragraph 1(b), of the Convention allows the granting of temporary exceptions to the rules on hours of work only in order to enable establishments to deal with cases of abnormal pressure of work. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 6, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 8 December 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Articles 3 and 6, paragraph 1(b). Additional hours of work. The Committee notes from the information supplied by the Government in its report that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow up to two additional hours of work a day under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee notes that the exception in section 37 is covered by the exceptions allowed under Article 3 of the Convention. However, the Committee also notes that according to the Government’s report the internal rules of enterprises specify the hours of work and the circumstances in which additional hours of work may exceptionally be authorized. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244. It again recalls that Article 6, paragraph 1(b), of the Convention allows the granting of temporary exceptions to the rules on hours of work only in order to enable establishments to deal with cases of abnormal pressure of work. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

Part VI of the report form. The Committee notes the information supplied by the Government on the practical application of the Convention, including the court decisions regarding payment of additional hours of work, copies of which were attached to the report. The Government is invited to continue to provide such information, more particularly on the construction and manufacturing industries, where, according to the Government, overtime occurs most frequently. For example, the Government might send extracts of inspection reports and, if possible, information on the number and nature of contraventions of the rules on working hours.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 6, paragraph 1(a), of the Convention. Permanent exceptions - intermittent work. The Committee notes that under section 46 of the General Labour Act of 8 December 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Articles 3 and 6, paragraph 1(b). Additional hours of work. The Committee notes from the information supplied by the Government in its report that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow up to two additional hours of work a day under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only "in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant". The Committee notes that the exception in section 37 is covered by the exceptions allowed under Article 3 of the Convention. However, the Committee also notes that according to the Government’s report the internal rules of enterprises specify the hours of work and the circumstances in which additional hours of work may exceptionally be authorized. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244. It again recalls that Article 6, paragraph 1(b), of the Convention allows the granting of temporary exceptions to the rules on hours of work only in order to enable establishments to deal with cases of abnormal pressure of work. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

Part VI of the report form. The Committee notes the information supplied by the Government on the practical application of the Convention, including the court decisions regarding payment of additional hours of work, copies of which were attached to the report. The Government is invited to continue to provide such information, more particularly on the construction and manufacturing industries, where, according to the Government, overtime occurs most frequently. For example, the Government might send extracts of inspection reports and, if possible, information on the number and nature of contraventions of the rules on working hours.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Government indicates the difficulties, which have continued to prevent it from revising the General Labour Code of 1942 in line with the Committee’s previous comments. The Committee, nevertheless, cannot but regret once again that the Government has not retained the General Labour Bill, drawn up with ILO technical assistance.

The Committee has for a considerable number of years been commenting on section 50 of the above Act, which provides that the labour inspectorate may authorize up to two additional hours of work per day under any circumstances. It reiterates that this provision is inconsistent with Article 6, paragraphs 1(b) and 2, of the Convention, which only admits temporary exceptions to the normal working day in the event of abnormal pressure of work and on condition that the maximum of additional hours which may be authorized is determined in each case in regulations made by public authority.

The Committee notes the Government’s renewed request for technical assistance to be provided to a tripartite committee in charge of the revision of the relevant national law. It again expresses the hope that any results achieved will be translated into action very soon.

[The Government is asked to report in detail in 2005.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report on the application of the Convention. It regrets the fact that the General Labour Bill, drawn up with the technical assistance of the ILO over several years, has not been endorsed by the Government. It therefore regrets that no progress has been achieved in bringing certain points of the General Labour Act of 1942 into conformity with the provisions of the Convention.

The Committee wishes to recall that for very many years it has been commenting on the fact that section 50 of the General Labour Act, which provides that the labour inspectorate may authorize up to two additional hours of work a day under any circumstances, is not in conformity with Article 6, paragraphs 1(b) and 2, of the Convention, which only admits temporary exceptions to deal with exceptional cases of pressure of work and on the condition that the maximum of additional hours which may be authorized is determined in each case in regulations made by public authority.

The Committee trusts that the Government will not fail to keep the ILO informed of the progress made in the revision of the General Labour Act and that it will be able to bring its legislation into conformity with the provisions of the Convention as soon as possible.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee has been formulating comments, since many years, on the necessity to take measures to give full effect to several provisions of Conventions Nos. 1, 20 and 30.

The Government reiterates in the reports provided this year that these comments have been taken into account in the preliminary draft of the new General Labour Law, prepared with the technical assistance of the ILO. Furthermore, it states that the preliminary draft has been sent to the central organizations of employers and workers (CEPB and COB) for their comments, before the finalized draft is submitted to the National Congress for adoption. The Committee trusts that the new legislation will be adopted in the near future and that it will be in full conformity with the above-mentioned Conventions. It requests the Government to supply detailed information on all relevant developments on the matter.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has been formulating comments, since many years, on the necessity to take measures to give full effect to several provisions of Conventions Nos. 1, 20 and 30.

The Government indicates in the reports provided this year that these comments are taken into account in the preliminary drafts revising the General Labour Law, prepared with the technical assistance of the ILO. The Committee trusts that the new legislation will be adopted in the near future and that it will be in full conformity with the above-mentioned Conventions.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee has been noting for several years that section 50 of the General Labour Act, which provides that the labour inspectorate can authorise a maximum of two hours overtime per day irrespective of circumstances, is not in conformity with the provisions of Article 6, paragraphs 1(b) and 2, of the Convention. These only authorise temporary exceptions to deal with exceptional cases of pressure of work provided that the maximum number of overtime hours which may be authorised is determined in each case by public authority regulations.

The Committee notes the information supplied by the Government in its last report concerning the preparation of the new General Labour Act, with the technical assistance of the ILO. It trusts that this legislation will be adopted in the near future and that it will be in conformity with the above provisions of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1990.]