Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Bolivia (Plurinational State of) (Ratification: 1973)

Article 8(3) of the Convention. Compensatory rest. The Committee once again recalls that it has been commenting since 1976 on the need to amend section 31 of the Regulatory Decree No. 244 of 1943 which allows the employer, in the event of work being carried out on the Sunday rest day, to grant the worker either compensatory rest on another day of the week or additional pay at double the worker’s basic wage rate. The Committee notes that, in its latest report, the Government indicates that the amendment of section 31 of the Decree requires an in-depth analysis with those involved in amending regulations, taking into account that the option of financial compensation is an entitlement that has been granted to workers for many years and that its removal could be considered a reduction of their labour rights. In its previous comments, the Committee emphasized that, in accordance with Article 8(3) of the Convention, where temporary exemptions are made with regard to the weekly day of rest, compensatory rest of a total duration of at least 24 consecutive hours must be granted, irrespective of the payment of any financial compensation. Recalling once again the basic principles of the Convention, which are intended to guarantee a minimum period of rest and free time for workers which is essential for their health and well-being, the Committee reiterates the hope that the Government will take the necessary steps to finally bring section 31 of Regulatory Decree No. 244 of 1943 into conformity with the requirements of the Convention.