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

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

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).