Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Bolivie (Etat plurinational de)

Convention (n° 81) sur l'inspection du travail, 1947 (Ratification: 1973)
Convention (n° 129) sur l'inspection du travail (agriculture), 1969 (Ratification: 1977)

In order to provide a comprehensive view of the issues relating to the application of the ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) together.

The Committee notes the information provided in the Government’s report in reply to its previous comments on: Article 3(1)(b) of Convention No. 81 (technical information and advice); Article 3(2) of Convention No. 81 (primary duties and other duties); Articles 6 and 7(1) and (2) of Convention No. 81 and Article 8 of Convention No. 129 (conditions of service; recruitment); Article 7(3) of Convention No. 81 and Article 9 of Convention No. 129 (training); Article 11(2) of Convention No. 81 (reimbursement of travel expenses); Article 12 of Convention No. 81 (inspections without prior notice); Article 13 of Convention No. 81 and Articles 22 and 23 of Convention No. 129 (powers of injunction); Article 14 of Convention No. 81 and Article 19 of Convention No. 129 (information on industrial accidents and cases of occupational diseases); and Article 16 of Convention No. 81 and Article 21 of Convention No. 129 (inspection visits).

Article 1 of Convention No. 81 and Article 3 of Convention No. 129. System of labour inspection. With regard to its previous comments on the adoption of the new General Labour Act, the Committee notes the Government’s indication that the preliminary draft is being evaluated by the sectors concerned. The Government also indicates that, in 2016, the draft of the new Inspection Regulations was put forward, with the participation of all of the stakeholders involved, and that it is awaiting adoption by a Ministerial Decision. The Committee requests the Government to continue to provide information on the adoption of the new General Labour Act and on the updating of the Inspection Regulations.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary duties and other duties. With reference to its previous comments on the primary duties and other duties of labour inspectors, the Committee notes the Government’s indication that, if a collective dispute between employers and workers is not resolved, an administrative procedure must be initiated, which starts with a list of claims being referred to the labour inspector. The Government adds that the Departmental or Regional Labour Chief may assign labour inspectors other duties, such as: verification of strikes; verification of reinstatement in employment; drafting of reports required by the legislative body; verification of occupational safety and health and welfare plans; investigation of industrial accidents; organization of hearings to settle individual labour disputes between workers and employers; and verification of the content of employment contracts and work certificates. While noting this information, and particularly the fact that the Departmental or Regional Labour Chief may assign labour inspectors other duties, the Committee requests the Government to ensure that any other duties assigned to labour inspectors do not interfere with the effective discharge of their primary duties or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Article 5 of Convention No. 81 and Article 13 of Convention No. 129. Cooperation and collaboration. With reference to its previous comments on the exchange of information and improved institutional collaboration, the Committee notes the Government’s indication that, in 2016, the Ministry of Labour, Employment and Social Welfare (MTEPS) held coordination meetings with the Government Agency for Electronics and Information and Communication Technologies (AGETIC), which is a unit within the Office of the President, with the aim of signing an inter-institutional cooperation agreement to optimize the management of information on the registration of enterprises and provide the population with access to services in a simple manner. The Committee requests the Government to pursue its efforts to promote: (a) effective cooperation between the inspection services and other government services and public or private institutions engaged in similar activities; and (b) collaboration between officials of the labour inspectorate and employers and workers or their organizations. The Committee requests the Government to continue to provide information on the progress made in this regard.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration of technical experts and specialists. With reference to its previous comments on the involvement of specialized technicians and experts in inspections, the Committee notes the Government’s indication that: (a) inspectors are specialized staff who have the required profile and who receive continuous training from the MTEPS; (b) inspectors work under the specialized supervision of the General Directorate of Labour and Occupational Safety and Health and other institutions in the occupational safety, health and welfare system; (c) inspections are carried out in collaboration with various institutions when their presence is required (section 7 of the Labour Inspection Regulations); and (d) inspectors request studies which may be carried out by the National Institute of Occupational Safety (INSO). With regard to collaboration with other institutions, the Government indicates that the preliminary draft of the new Regulations provides for the possibility to collaborate with other competent public institutions, including: public bodies responsible for managing social security; the Offices of Defenders of Children and Young Persons; municipal authorities and services; INSO; the General Directorate of Migration; the General Directorate for the Prevention of Human Smuggling and Trafficking; the National Agricultural Health and Food Safety Service (SENASAG); and the Bolivian police, among others. The Committee requests the Government to continue to provide information on the updating of the Inspection Regulations to guarantee the collaboration of duly qualified technical experts and specialists to ensure compliance with the legal provisions on the protection of the safety and health of workers while engaged in their work, and investigate the effects of the procedures employed, the materials used and working methods on the safety and health of workers, in accordance with Article 9 of Convention No. 81.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of inspectors. In its previous comments, the Committee noted the observations of the International Organisation of Employers (IOE) and the Confederation of Private Employers of Bolivia (CEPB) on the insufficient number of inspectors. The Committee notes the Government’s indication that, in May 2016, the staff of the MTEPS consisted of 107 inspectors (including: nine departmental labour chiefs; 16 regional labour chiefs; and three inspection officials in La Paz, Cochabamba and Santa Cruz). The Committee notes that the total number of labour inspectors, which amounted to 86 in 2015, increased by 21 in 2016. The Committee requests the Government to indicate whether it intends to continue to increase the number of inspectors, with the aim of securing the effective discharge of the duties of the inspection services.

Article 11(1)(a) of Convention No. 81 and Article 15(1)(a) of Convention No. 129. Material resources. With reference to its previous comments on the material resources of the labour inspectorate, the Committee notes the Government’s indication that it recently funded the purchase of new equipment. A project has also been launched to give inspectors mobile cellular devices with an application enabling them to complete inspection forms online. This would allow data to be collected instantly and in real time, thus expediting procedures and reducing the workload involved in the preparation of reports. The Committee requests the Government to continue to provide information on the material resources available to the inspectorate, and particularly whether inspectors have properly equipped offices.

Article 11(1)(b) and (2) of Convention No. 81 and Article 15(1)(b) and (2) of Convention No. 129. Reimbursement of travel expenses. With reference to its previous comments on the reimbursement of travel expenses, the Committee notes with interest the Government’s indication that, in 2015, the MTEPS adopted, through Ministerial Resolution No. 714/2015, the new regulations on travel, and travel and representation expenses; with the aim of regulating the process for applying for, allocating, justifying and reimbursing travel expenses; and travel and representation expenses for journeys made within and/or outside the country by dependent public servants, occasional staff and consultants.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties. With reference to its previous comments on an analysis of the situation regarding penalties, the Committee notes the Government’s indication that the judicial authority determines the fine to be paid by employers to the account of the MTEPS, in accordance with sections 222–240 of the Code of Labour Procedure. The Government adds that, in the event of failure to provide the documentation requested during a labour inspection (payroll and industrial accident records), a recommendation for a fine is issued based on the scale approved by Ministerial Resolution No. 855/2014. The Government indicates that, in 2015, 560 complaints were referred to the courts. With regard to its previous comments on the application of adequate penalties for cases in which labour inspectors have been prevented from discharging their duties, the Committee notes that sections 12 and 13 of the Labour Inspection Regulations establish the measures that inspectors may take in the event of obstruction of their work, and provide for the possibility of lodging a complaint with the competent authority. The Committee requests the Government to provide information on the number of complaints filed with the competent authority concerning the obstruction of labour inspection duties, and the penalties effectively applied in these cases and in cases of violation of legal provisions enforceable by labour inspectors, in accordance with Article 18 of Convention No. 81 and Article 24 of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports, publication and communication of an annual report on the activities of the labour inspectorate. In its previous comment, the Committee requested the Government to adopt measures to give effect to Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. The Committee notes the Government’s indication that the information on management data is disseminated through the public reporting of accounts. The Committee notes that the Government provides information on: the legislation relating to the duties of the labour inspection services; the staff of the labour inspection service (107 inspectors in 2016 and 86 in 2015); statistics on labour inspections (1,215 in 2015, 1,429 in 2014 and 1,299 in 2013, and technical inspections: 529 in 2015, 803 in 2014 and 443 in 2013), (Article 21(a), (b) and (d) of Convention No. 81 and Article 27(a), (b) and (d) of Convention No. 129). However, the Government does not provide statistics of the violations detected and the penalties imposed, and only provides statistics of industrial accidents and occupational diseases that cover the Departmental Labour Office for La Paz (Article 21(e), (f) and (g) of Convention No. 81 and Article 27(e), (f) and (g) of Convention No. 129). The Committee also notes that, while the Government provides information on the Mandatory Employer Registry, it does not provide any statistical information on the workplaces liable to inspection and the number of workers employed in such workplaces (Article 21(c) of Convention No. 81 and Article 27(c) of Convention No. 129). The Committee requests the Government to make every effort to ensure the publication of the information referred to in Article 21(a)–(g) of Convention No. 81 and Article 27(a)–(g) of Convention No. 129 in the annual report on the activities of the labour inspection services, and the submission of the report to the ILO each year, in accordance with Articles 20 and 26 of Conventions Nos 81 and 129 respectively.

Issues specifically concerning labour inspection in agriculture

Article 17 of Convention No. 129. Preventive control. The Committee once again requests the Government to provide information on the association of the labour inspection services in agriculture in the preventive control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety, in accordance with Article 17 of Convention No. 129.