Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 81) sur l'inspection du travail, 1947 - Bolivie (Etat plurinational de) (Ratification: 1973)

The Committee takes note of the observations produced jointly by the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB), received on 31 August 2015.

The Committee observes that some of the questions raised by the two organizations are related to issues that it has addressed in its previous comments. The IOE and the CEPB assert that: (i) the inspection service lacks efficiency, since inspectors fail in their obligation to provide information and advice to employers and workers; (ii) there is no recruitment system that ensures job stability for inspectors and job tenure depends on changes in the staff holding the highest level posts in the Ministry of Labour, Employment and Social Welfare (MLESW); (iii) there is no involvement of experts and technical specialists; (iv) the number of labour inspectors is well below what is needed to cover the number of workplaces that should be inspected and the number of workers employed in them; and (v) labour inspectors’ offices show major deficiencies. The IOE and the CEPB also indicate that they know neither the recruitment requirements for inspectors, nor the introduction and training process that inspectors undergo on taking up their duties. The Committee requests the Government to send its comments on these matters.

The Committee further observes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Recommendations made under the FORSAT–ILO multilateral technical cooperation project. In its previous comments the Committee noted that the most noteworthy contributions of this project (which lasted until April 2007) as far as labour inspection was concerned, were the proposals relating to: the updating of the Labour Inspection Regulations; the separation of labour inspection functions from those of conciliation and mediation; reports on inspection work; periodical inspection summaries; inspection records and inspection orders; work stoppage orders; notification of violations and proposed penalties; and an analysis of the situation regarding penalties. The project also included proposals for improving the MLESW’s business register, the exchange of information and cooperation between institutions. The Committee expressed the hope that the Government would be in a position to report measures implemented to define a legal and structural framework, as well as working methods and procedures with a view to developing an effective inspection system. However, it notes the Government’s statement that since the end of the project, there has been no progress in this regard. The Committee requests the Government to indicate the measures taken to follow-up the recommendations made in the context of the abovementioned project, and to provide information on any measures taken or envisaged to define a legal and structural framework and determine working methods and procedures with a view to developing an effective inspection service.

Articles 19, 20 and 21 of the Convention. Periodical reports and publication and communication of an annual report on the work of the inspection services. In its previous comments the Committee noted that the regional and departmental authorities have to prepare monthly reports that are submitted to the General Directorate of Labour and Occupational Health and Safety, but that, up to the present, no annual report had been published because data collection and registration are done manually, making it difficult to process the information in a timely manner. The Committee notes that in the context of the “Bolhispania” cooperation agreement to improve the inspection system, concluded by the Spanish International Cooperation for Development Agency (AECID) and the MLESW, Employment and Social Welfare, the latter’s departmental offices were provided with several computers, printers and other electronic equipment in 2009. The Committee hopes that the Government will dedicate this equipment for the use in recording and processing the data needed to prepare the annual inspection report. It requests the Government to provide information on any progress made in the publication and communication to the ILO of an annual report on the work of the inspection services within the time limits and in the form prescribed by Articles 20 and 21 of the Convention and, in particular, on the results of the formalities undertaken to obtain technical assistance from the Office with a view to implementing and designing an electronic system for labour inspection activities, in accordance with the wish expressed by the Government.

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

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