Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 138) sur l'âge minimum, 1973 - Bolivie (Etat plurinational de) (Ratification: 1997)

The Committee notes with interest the adoption of the Decree on wage work in the agricultural sector, which applies to work done by children aged from 14 to 18 years.

Article 6 of the Convention. Apprenticeship. In its previous comments, the Committee noted that under sections 28 and 58 of the General Labour Act, children under 14 years of age may work as apprentices with or without pay. According to section 28 of the Act, an apprenticeship contract is a contract under which the employer undertakes to ensure that apprentices receive practical instruction in a trade or craft which the employer or some other person dispenses using the work of apprentices, whether or not remunerated, for a fixed period which may not exceed two years. The provision includes apprenticeships in commerce and activities involving the use of engine-driven machinery. Section 58 of the Act prohibits work by children under 14 years of age other than in apprenticeships.

The Committee notes that, according to the Government, apprenticeship is covered by special legislation on work done by girls, boys and adolescents, namely the Children’s and Adolescents’ Code, 1999. In this regard, the Committee observes that sections 137 and 138 of the 1999 Code deal with apprenticeship. Section 137 provides for an apprenticeship system, and section 138 defines apprenticeship as vocational training provided through an educational process and a specific trade, in accordance with a programme, under the management of an official and carried out in a suitable environment. The Committee observes that sections 137 and 138 on apprenticeship specify no minimum age for admission to apprenticeship. It reminds the Government that Article 6 of the Convention allows work by persons of at least 14 years of age in undertakings, where such work is part of an apprenticeship course. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that no one under the age of 14 years is engaged in an apprenticeship. It again requests the Government to provide information on the practical implementation of apprenticeship programmes.

The Committee raises other matters in a request addressed directly to the Government.