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

Convention (n° 131) sur la fixation des salaires minima, 1970 - Bolivie (Etat plurinational de) (Ratification: 1977)

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The Committee notes the comments of the Confederation of Private Employers of Bolivia (CEPB), received on 1 September 2023, which state that: (i) over the past 15 years, the form in which the minimum wage is fixed has led to a reduction of decent work in the country, damaging the business environment and hampering the progress of Bolivian citizens; (ii) the system for fixing the minimum wage must reflect the reality of the parties in the employment relationship and, even more so, the national dynamic; (iii) the Bolivian Government fails systematically to observe Article 4(2) of the Convention, which provides for full consultation with representative organizations of employers and workers concerned; and (iv) Article 4(3) of the Convention provides for the direct participation of the representatives of employers’ and workers’ organizations in the application of the minimum wage fixing system on a basis of equality, without preference, priority or privilege being given to a workers’ organization over an employers’ organization. The Committee requests the Government to provide its comments in this regard.

Articles 3 and 4(1) and (2)of the Convention. Elements for the determination of the level of the minimum wage and full consultations with the social partners. In response to its previous comments, the Committee notes the Government’s indication in its report that: (i) Supreme Decree No. 4711 of 1 May 2022, which establishes the minimum wage for 2022, was adopted after in-depth analysis of the national and international economic context, the situation of the public finances, State enterprises, macroeconomic stability, public investment and production programmes; (ii) the consultation process for fixing the minimum wage for 2022 began in March of that year when the Government invited the Bolivian Central of Workers (COB) and the CEPB to separate meetings to discuss adjustments to the minimum wage; (iii) during the first meeting, the CEPB refused to discuss wage increases and other matters were dealt with; (iv) the enterprise sector submitted no suggestions regarding the salary increase for either the 2022 exercise, or for previous exercises; (v) the negotiation mechanism through tripartite meetings is not applicable to the Bolivarian reality, but that has not prevented the adoption of a series of mechanisms allowing the direct participation of both employers and workers, by holding meetings with each of them, to promote equality of the partners of both sectors; and (vi) no difficulty has been encountered in applying the Convention and therefore an ILO direct contacts mission is not necessary.

The Committee notes the lack of dialogue with the CEPB regarding fixing the minimum wage. The Committee strongly urges the Government to make all possible efforts to consult fully with the representative organizations of employers and workers concerned regarding the minimum wage fixing mechanism, adapted to the national conditions and needs. In this context, the Committee notes once again with regret the Government’s refusal to accept the direct contacts mission to the country requested by Standards Committee of the Conference on three occasions (in 2018, 2019 and 2021), given that such missions constitute an effective form of dialogue and aim at seeking a positive solution to the problems. The Committee strongly hopes that the Government will reconsider its refusal and that such a mission may be undertaken before the 112th Session of the International Labour Conference.

Finally, the Committee notes, from information available on the Government’s website, that the minimum wage was readjusted in May 2023 with the adoption of Supreme Decree No. 4928. The Committee requests the Government to provide information on the consultations undertaken with the representative organizations of employers and workers for the fixing of the minimum wage.