Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Bolivia (Plurinational State of) (Ratification: 1954)

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Part II of the Convention. Progressive abolition of fee-charging employment agencies. In its previous comments, the Committee indicated that the Government, having accepted Part II of the Convention in 1954, was under the obligation to progressively abolish fee-charging employment agencies conducted with a view to profit. The Government had explained that employment agencies were operating in the Plurinational State of Bolivia without any legal standards or state control and that the Ministry of Labour had drawn up draft legislation designed to regulate the operation of private employment agencies. The Government indicates in its report that in February and September 2014 the Bolivian Workers’ Confederation (COB) demanded that steps be taken to close private employment agencies. Furthermore, in July 2014, the Bolivian Domestic Workers’ Federation indicated that it was opposed to the legalization and regulation of private employment agencies. The Committee notes that, according to sections 24 and 25 of the Comprehensive Act against Trafficking and Smuggling of Persons (Act No. 263 of 31 July 2012), the Ministry of Labour has specific responsibilities regarding the re-entry into the labour market of victims of trafficking or smuggling. Moreover, the Ministry of Labour must authorize and register all job placement activities that take place within the country. The Committee notes that section 25(5) of the abovementioned Act provides that private employment agencies shall not, under any circumstances, demand the payment of commissions from workers, retain their identity or travel documents, conclude exclusivity agreements or grant advance payments in cash or in kind. The services of these agencies must be paid for exclusively by the employer. The Government indicates in its report that there is currently no clear position regarding the manner in which to apply the regulations referred to in section 25 of Act No. 263. The Committee requests the Government to provide information on the result of initiatives under way to adopt regulations governing private employment agencies. The Committee also requests the Government to include extracts from inspection reports and provide information on the number and nature of infringements observed and other information relating to the application of Part II of the Convention (for example, the extension of the activities of private employment agencies and the measures taken by the competent authority to supervise the activities of such agencies).

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Part II of the Convention. Progressive abolition of fee-charging employment agencies. The Committee takes note of the Government’s response to its previous comments, received in August 2011. The Government states that it does not have any legislation abolishing fee-charging employment agencies conducted with a view to profit. The Government attaches the draft legislation that the General Directorate for Employment submitted to the Ministry of Labour in November 2009 to regulate the functioning of private employment agencies. A draft Supreme Decree seeks to prohibit the opening and operation of private employment agencies and the placement, catchment or offer of workers by such agencies, as well as the organization of any kind of labour exchange for Bolivian nationals seeking work abroad. Another proposal is that the Government should prepare rules and regulations for the functioning of private employment agencies. The Government also expressed its intention to consult the employers’ and workers’ organizations on the new regulations and to make its own assessment of them with a view to their possible adoption. In its previous comments, the Committee drew attention to the fact that, as is the case for other member States, ratification of Part II of the Convention makes it incumbent on the Government to abolish fee-charging employment agencies conducted with a view to profit. The Government also recognizes that employment agencies operate in the Plurinational State of Bolivia without any legal standards or state control. The Committee hopes that the Government will accept the obligations under the Private Employment Agencies Convention, 1997 (No. 181), whose ratification entails the immediate denunciation of Convention No. 96. The Committee invites the Government to provide information on the steps taken in consultation with the social partners to ratify Convention No. 181. The Committee refers the Government and the social partners to Part A, Chapter III, of the 2010 General Survey concerning employment instruments, which presents an overview of Convention No. 181 and examines the Convention’s provisions.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Part II of the Convention. Progressive abolition of fee-charging employment agencies. Prospects for ratification of Convention No. 181. The Committee recalls that the Government, in its reply to the questionnaire for the 2010 General Survey concerning employment instruments received in May 2009, mentioned the possibility of amending state policy in relation to private agencies and fee-charging employment agencies. The Committee noted that the Government was considering the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181), since the acceptance of Part II of Convention No. 96 had proved so far to be an obstacle towards the effective organization of the employment market. Moreover, the Government indicated that its current legal system already permits the operation of agencies for temporary employment and that it is proposed to authorize the operation of private employment agencies (General Survey of 2010 on employment instruments, paragraph 736). In the report received in August 2010, the Government indicates that it is not currently contemplating the possibility of ratifying Convention No. 181 in view of the fact that amendments need to be made to the legislation and public policy by the Plurinational State. The Committee recalls that every State which accepts Part II of Convention No. 96 undertakes to abolish fee-charging employment agencies conducted with a view to profit. Bolivia ratified Convention No. 96 in 1954 – without effect having been given to the provisions of Part II, which require the adoption of regulations establishing a yearly permit or licence renewable at the discretion of the competent authority; a scale of fees and expenses approved by the competent authority or fixed by the said authority; and permission from the competent authority to place or recruit workers abroad (Articles 5 and 6 of the Convention). The International Labour Conference adopted the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role played by private employment agencies in the functioning of the labour market. The Committee requests the Government to supply information on any new legislative measure adopted to give full effect to Part II of Convention No. 96 and on consultations held with the social partners with a view to the ratification of Convention No. 181.

[The Government is asked to reply in detail to the present comments in 2011.]

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

The Committee notes with regret that the Government has not replied to the questions raised in the observations made in 2006, 2007 and 2008. The Committee observes that the Government, in its reply to the questionnaire relating to the General Survey on employment (2010), mentioned the possibility of modifying state policy relating to private and fee-charging employment agencies. The Government indicated its willingness to consider the possibility of denouncing Convention No. 96 and drawing up new legislation to enable the participation of private agencies to enter the employment service market. The Committee recalls that, in accepting Part II of the Convention, the State has undertaken to abolish fee-charging employment agencies conducted with a view to profit. Bolivia ratified Convention No. 96 in 1954 – but has been unable to give effect to its provisions, which require the adoption of regulations providing for the possession of a yearly licence renewable at the discretion of the competent authority; a scale for the charging of fees and expenses, approved or fixed by the competent authority; and permission from the competent authority to place or recruit workers abroad (Articles 5 and 6 of the Convention). The International Labour Conference adopted the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the function of private employment agencies in the working of the labour market. The ILO Governing Body invited the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which would, ipso jure, involve the immediate denunciation of Convention No. 96 (GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee requests the Government to provide information on any new legislation adopted to give effect to the Convention and any consultations held with the social partners with a view to the possible ratification of Convention No. 181.

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 2006 and 2007 observations, which read as follows:

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the report for the period between 2000–05 and the attached documentation which was received in February 2006. The Government has forwarded a draft of a Presidential Decree regulating the activities of private employment agencies. Certain provisions of the draft regulations could give effect to the provisions of the Convention: for example, private employment agencies appear to be subject to the supervision of a competent authority. However, the draft regulations do not include other requirements envisaged by the Convention: the text examined appears to show that only in the case of domestic work may the fees charged for the employment placement undertaken by private employment agencies not be charged to domestic workers. The Committee emphasizes that in accepting Part II of the Convention, the Government made an undertaking to abolish fee-charging employment agencies conducted with a view to profit. Bolivia ratified Convention No. 96 in 1954, but has not given effect to its provisions, which require the adoption of regulations establishing: a yearly permit or licence renewable at the discretion of the competent authority; a scale for the charging of fees and expenses approved by the competent authority or fixed by the said authority; and authorization by the competent authority to place or recruit workers abroad (Articles 5 and 6 of the Convention). Moreover, the International Labour Conference has adopted the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role played by private employment agencies in the operation of the labour market. The Governing Body of the ILO has invited States which are parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee therefore requests the Government to provide information on the adoption of the draft Presidential Decree regulating private employment agencies. The Committee requests the Government to keep it informed of the consultations that may have been held with the social partners concerning the eventual ratification of Convention No. 181.

 

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2006 observation which read as follows:

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the report for the period between 2000–05 and the attached documentation which was received in February 2006. The Government has forwarded a draft of a Presidential Decree regulating the activities of private employment agencies. Certain provisions of the draft regulations could give effect to the provisions of the Convention: for example, private employment agencies appear to be subject to the supervision of a competent authority. However, the draft regulations do not include other requirements envisaged by the Convention: the text examined appears to show that only in the case of domestic work may the fees charged for the employment placement undertaken by private employment agencies not be charged to domestic workers. The Committee emphasizes that in accepting Part II of the Convention, the Government made an undertaking to abolish fee-charging employment agencies conducted with a view to profit. Bolivia ratified Convention No. 96 in 1954, but has not given effect to its provisions, which require the adoption of regulations establishing: a yearly permit or licence renewable at the discretion of the competent authority; a scale for the charging of fees and expenses approved by the competent authority or fixed by the said authority; and authorization by the competent authority to place or recruit workers abroad (Articles 5 and 6 of the Convention). Moreover, the International Labour Conference has adopted the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role played by private employment agencies in the operation of the labour market. The Governing Body of the ILO has invited States which are parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4
(Rev.1), 273rd Session, Geneva, November 1998). The Committee therefore requests the Government to provide information on the adoption of the draft Presidential Decree regulating private employment agencies. The Committee requests the Government to keep it informed of the consultations that may have been held with the social partners concerning the eventual ratification of Convention No. 181.

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

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the report for the period between 2000 and 2005 and the attached documentation which was received in February 2006. The Government has forwarded a draft of a Presidential Decree regulating the activities of private employment agencies. Certain provisions of the draft regulations could give effect to the provisions of the Convention: for example, private employment agencies appear to be subject to the supervision of a competent authority. However, the draft regulations do not include other requirements envisaged by the Convention: the text examined appears to show that only in the case of domestic work may the fees charged for the employment placement undertaken by private employment agencies not be charged to domestic workers. The Committee emphasizes that in accepting Part II of the Convention, the Government made an undertaking to abolish fee-charging employment agencies conducted with a view to profit. Bolivia ratified Convention No. 96 in 1954, but has not given effect to its provisions, which require the adoption of regulations establishing: a yearly permit or licence renewable at the discretion of the competent authority; a scale for the charging of fees and expenses approved by the competent authority or fixed by the said authority; and authorization by the competent authority to place or recruit workers abroad (Articles 5 and 6 of the Convention). Moreover, the International Labour Conference has adopted the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role played by private employment agencies in the operation of the labour market. The Governing Body of the ILO has invited States which are parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will involve the immediate denunciation of Convention No. 96 (document GB. 273/LILS/4
(Rev. 1), 273rd Session, Geneva, November 1998). The Committee therefore requests the Government to provide information on the adoption of the draft Presidential Decree regulating private employment agencies. The Committee requests the Government to keep it informed of the consultations that may have been held with the social partners concerning the eventual ratification of Convention No. 181.

[The Government is asked to reply in detail to the present comments in 2007.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Part II of the Convention. The Committee notes that in reply to its 1992 request, the Government states that, owing to economic restrictions, it regrets it has not been possible to set up the supervisory and regulatory mechanism for fee-charging employment agencies required by the Convention.

The Committee notes, however, that strengthening of the employment service is included among the priorities of the labour administration modernization programme. In these circumstances, it hopes that the regulations applicable to the private employment agencies referred to in section 2 of Directive No. 006/86 of 14 January 1986 will shortly be adopted and applied and will take into account, in particular, the requirements of Article 5, paragraph 2, of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Part II of the Convention. The Committee notes the information provided by the Government in reply to its earlier comments, and in particular, the provisions of the Ministerial Directive No. 006/86, of 14 January 1986, concerning the operation of private employment agencies. According to this Directive, the private employment agencies are subject to the authorisation and supervision of the General Directorate of Employment of the Ministry of Labour and Development. The Committee would be grateful if the Government would indicate, in its next report, the measures taken to implement the Directive, as provided for under its Article 2. More particularly, it requests for indications on whether these agencies shall be required to be in possession of a yearly licence renewable at the discretion of the competent authority, whether they shall only charge fees and expenses on a scale submitted to and approved by the competent authority or fixed by the said authority, and whether they shall only place or recruit workers abroad if permitted to do so by the competent authority and under conditions determined by the laws and regulations in force, in accordance with Article 5, paragraph 2(b), (c) and (d), of the Convention. Please also supply information concerning the number of agencies for which such authorisations are issued under the above Directive and the scope of their activities, as required by Article 9.

While noting the Government's statement to the effect that it is not possible for economic reasons to organise a network of public, free employment agencies at the national scale and consequently not possible to fix the length of the period prescribed for the abolition of private employment agencies which were operating before the adoption of the above Directive, the Committee reiterates its hope that the Government will continue to keep it informed on any progress made in this regard.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

Part II of the Convention. The Committee notes the provisions of section 14 of Supreme Decree No. 20255 of 24 May 1984 by virtue of which it is forbidden for private agents to place workers engaged for the cotton and sugar-cane harvests.

The Government indicates in its report that the General Directorate of Employment of the Ministry of Labour and Development has issued a directive concerning the operation of private employment agencies. The Committee would be grateful if the Government would provide the Office with a copy of the above directive and, in its next report, indicate the manner in which the General Directorate of Employment's directive gives effect to the provisions of Articles 5 and 9 of the Convention.

The Committee also notes that the Government has not set a fixed time-limit for the abolition of profit-making fee-charging employment agencies, since it is not possible for economic reasons to organise free employment agencies in all the regions of the Republic. The Committee hopes that the Government will continue to provide the Office with detailed information on progress achieved in this respect.