Demande directe (CEACR) - adoptée 2023, publiée 112ème session CIT (2024)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Bolivie (Etat plurinational de) (Ratification: 1998)

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Article 1(2) of the Convention. Scope of application. The Government refers, in its report, to Act No. 977 of 2017 on labour reintegration and economic assistance for persons with disabilities, which establishes labour reintegration and employment security for the spouse or carer responsible for one or more persons with disabilities under 18 years with disabilities, or with severe or very severe disabilities. The Committee notes this information.

Article 2. Branches of economic activity and categories of workers. The Committee notes that, with regard to own-account workers, the Government: (1) refers to various family allowances, including the Juancito Pinto allowance, which aims to incentivize the enrolment, maintenance in school and completion of the school year of primary school-aged children; and (2) indicates that Act No. 1455 of 2022 to protect and guarantee the activities developed by own-account union workers establishes various rights, duties and guarantees for these workers, and measures to access credit, housing programmes, health services and social security. The Committee observes that, while the aforementioned Act does not explicitly refer to workers with family responsibilities, it does refer to the right of own-account traders “to work in line with their needs”. The Committee requests the Government to indicate whether, under Act No. 1455 of 2022, own-account workers have been able to benefit from specific measures that enable them to reconcile their working life with family responsibilities (such as by accessing social security benefits or systems for paid leave).

Article 3. National policy. With regard to the national policy to facilitate the reconciliation of work and family life of workers with family responsibilities without discrimination, the Government reports: (1) the establishment, through Supreme Decree No. 4401 of 2020, of employers’ obligation to promote measures to enable men and women to, on an equal footing, perform their work and professional obligations, and care duties relating to maternity, paternity, nursing and others subject to specific rules (section 6); (2) the possibility of filing complaints of discrimination based on family responsibilities with the National Committee Against Racism and All Forms of Discrimination (CNCRD) under Act No. 45 of 2010; and (3) the adoption of Supreme Decree No. 3106 of 2017, which empowers the Ministry of Labour, Employment and Social Security to adopt standards for the reconciliation of women’s work and family life (section 10). With respect to the latter, the Committee recalls the importance of ensuring that measures taken to implement the Convention do not in practice reflect an assumption that the main responsibility for family care lies with women, or exclude men from certain rights and benefits, which would have the effect of reinforcing stereotypes regarding the roles of women and men in the family and in society (see General Survey 2023, paragraph 175). The Committee requests the Government to provide information on any measures adopted within the framework of Supreme Decree No. 4401 of 2020 and Supreme Decree No. 3106 of 2017 to facilitate the reconciliation of work and family life for workers with family responsibilities and to promote equal distribution of family responsibilities between men and women.

Article 4. Equality in terms and conditions of employment. The Committee notes with interest the Government’s reference to the establishment, through Supreme Decree No. 3462 of 2018, of special leave for mothers, fathers, carers or guardians of children and adolescents in a critical condition or state of health, with full pay. In addition, the Government indicates that Supreme Decree No. 4709 of 2022 was adopted, amending the regulatory decree to the General Labour Act to establish split holidays and ways of accumulating it. The Committee warmly welcomes the Government’s efforts and recalls that the measures to take account of the needs of workers with family responsibilities with respect to their working conditions may be diverse (see General Survey 2023, chapter 7 and general observation 2020). The Committee requests the Government to provide information (or, if not available, to indicate whether it intends to gather information) on how many workers with family responsibilities have benefited from special leave and split or accumulated holidays. The Committee also requests the Government to continue providing information on any other measures that enable workers to reconcile family responsibilities with their working life (for example, measures for flexible working hours or teleworking).

Article 5. Services and facilities for the care of children and other family members. The Committee notes the information provided by the Government regarding the system for the detection and prevention of child labour, and the various services made available in this respect. The Committee recalls that Article 5 of the Convention concerns the development of services and measures of assistance (for example, childcare services, and affordable and quality long-term care) in order that workers with family responsibilities can improve the balance between such responsibilities and their working life (see General Survey 2023, paragraphs 753–799). The Committee observes, in this respect, that (1) Supreme Decree 3106 of 2017 empowers the Ministry of Labour, Employment and Social Security to monitor public and private institutions in order to guarantee the establishment of nurseries and nursing rooms in workplaces; and (2) the Committee on the Elimination of Discrimination against Women (CEDAW) recommended that the State party increase the availability of affordable childcare facilities to foster greater employment of women (CEDAW/C/BOL/CO/7, 8 January 2020, paragraph 26). The Committee requests the Government to provide information on any measures adopted, within the framework of Supreme Decree 3106 of 2017 or of any other standard or strategy, to facilitate access for workers with family responsibilities to care services for children and other family members (for example, through an assessment and potential increase in the capacity of public nurseries or long-term care centres, or by granting allowances to help workers cover the costs of such services).

Article 6. Appropriate measures to promote broader understanding of the principle of equality of opportunity and treatment for men and women workers. The Government provides information on the adoption of Supreme Decree No. 4650 of 2022, indicating that, under this Decree, 2022 was declared the year of cultural revolution to dismantle patriarchal notions for a life free from violence against women. There are also plans to adopt measures of prevention, protection, dissemination and awareness-raising on dismantling patriarchal notions. The Committee requests the Government to provide information on any specific measures adopted, within the framework of Supreme Decree No. 4650 or any other strategy to disseminate and raise awareness of the specific problems faced by workers with family responsibilities in preparing, taking up, participating and progressing in an economic activity.

Article 8. Protection against dismissal. The Committee notes that the Government provides information on the adoption of Act No. 1468 of 2022 on the Special Procedure for the Restoration of Labour Rights, which seeks to protect and restore rights against any type of unjustified dismissal that does not fall within the regulations in force. The Committee requests the Government to provide information on any case brought, through the Special Procedure for the Restoration of Labour Rights or any other applicable procedure, alleging unjustified dismissal because of the worker’s family responsibilities and, where possible, to provide information on the outcome of such procedures and the remedies granted and penalties imposed.