Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Bolivia (Plurinational State of) (RATIFICATION: 1973)

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Article 8(3) of the Convention. Compensatory rest. The Committee once again recalls that it has been commenting since 1976 on the need to amend section 31 of the Regulatory Decree No. 244 of 1943 which allows the employer, in the event of work being carried out on the Sunday rest day, to grant the worker either compensatory rest on another day of the week or additional pay at double the worker’s basic wage rate. The Committee notes that, in its latest report, the Government indicates that the amendment of section 31 of the Decree requires an in-depth analysis with those involved in amending regulations, taking into account that the option of financial compensation is an entitlement that has been granted to workers for many years and that its removal could be considered a reduction of their labour rights. In its previous comments, the Committee emphasized that, in accordance with Article 8(3) of the Convention, where temporary exemptions are made with regard to the weekly day of rest, compensatory rest of a total duration of at least 24 consecutive hours must be granted, irrespective of the payment of any financial compensation. Recalling once again the basic principles of the Convention, which are intended to guarantee a minimum period of rest and free time for workers which is essential for their health and well-being, the Committee reiterates the hope that the Government will take the necessary steps to finally bring section 31 of Regulatory Decree No. 244 of 1943 into conformity with the requirements of the Convention.

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Article 8(3) of the Convention. Compensatory rest. The Committee recalls that it has been commenting since 1976 on the need to amend section 31 of Regulatory Decree No. 244 of 1943 which allows the employer, in the event of work being carried out on the Sunday rest day, to grant the worker either compensatory rest on another day of the week or extra pay at double the worker’s basic wage rate. The Committee once again stresses that, in accordance with Article 8(3) of the Convention, where temporary exceptions are made in respect of the weekly rest day, compensatory rest of a total duration of at least 24 consecutive hours must be granted, irrespective of the payment of any financial compensation. While noting the Government’s indication that the tripartite commission responsible for reviewing the General Labour Act will examine section 31 as soon as it resumes its work, the Committee observes that no significant progress appears to have been made with regard to the revision of the General Labour Act despite the technical assistance offered by the Office in 1988, 1990 and 2004. Recalling the basic principles of the Convention, which are intended to ensure a minimum period of rest and leisure to workers, which is essential for their health and well-being, the Committee expresses the hope that the Government will take the necessary steps to finally bring section 31 of Regulatory Decree No. 244 of 1943 into line with the requirements of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]

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Article 8, paragraph 3 of the Convention. Compensatory rest. Further to its numerous comments on this matter, the Committee notes the Government’s indication that, following the adoption of the new Constitution on 7 February 2009, the Government intends to adopt and amend numerous laws, in particular, the General Labour Act (LGT). For more than 30 years, the Committee has been drawing the Government’s attention to the fact that section 31 of Regulatory Decree No. 244 of 1943, which allows the employer, in the event of work being carried out on the Sunday rest day, to grant the worker compensatory rest or compensatory pay of more than 100 per cent of the worker’s basic pay, is inconsistent with Article 8(3) of the Convention which requires compensatory rest regardless of any cash compensation which may be granted. In this regard, it recalls that offering only monetary compensation for weekly rest worked is contrary to the objective of the Convention of ensuring a minimum rest period for workers in order to protect their health and well-being. Furthermore, the Committee recalls that the drafting of the new Labour Code, for which the Office has offered assistance between 1988 and 1990, has not yet been completed. The Committee therefore urges the Government to take the necessary steps as soon as possible to finally bring its legislation into conformity with the requirements of the Convention and to provide a copy of the relevant legislative or regulatory text as soon as it has been adopted.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 8, paragraph 3, of the Convention. The Committee notes the Government requested the technical and logistical assistance of the Office. It recalls that a draft Labour Code was completed with the assistance of the International Labour Office in 1988–90. The Committee invites the Government to approach the Regional Office in Lima to settle the details of any further technical cooperation.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 8(3) of the Convention. The Committee notes with regret that the Government has taken no steps to bring the national legislation into line with the provisions of Article 8, paragraph 3, of the Convention under which compensatory rest of a duration at least equivalent to the period provided for under Article 6 must be granted, without prejudice to any monetary compensation, where temporary exemptions are made in respect of weekly rest. It recalls that since 1976 it has been commenting on the need to amend to this effect section 31 of Regulatory Decree No. 244 of 1943, which provides that remuneration may be granted instead of compensatory rest. The Committee again expresses the hope that the Government will take the necessary steps to this end as soon as possible.

The Committee notes that the Government envisages amending certain provisions of the General Labour Act and hopes that the Government will take advantage of this occasion to bring section 31 of Decree No. 244 into conformity with the Convention. It hopes that the new legislation will be adopted in the near future and requests the Government to indicate any progress achieved in this respect and to provide a copy of the relevant text once it has been adopted.

The Committee also addresses a request directly to the Government on certain points.

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

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Article 8, paragraph 3, of the Convention. Further to its observation on the same Convention, the Committee notes the Government’s request to the Office for technical and logistical assistance. It recalls that a draft Labour Code was completed with the assistance of the International Labour Office in 1988-90. The Committee invites the Government to approach the Regional Office in Lima to settle the details of any further technical cooperation.

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Article 8, paragraph 3, of the Convention. In reply to the Committee’s previous observation, the Government indicates, in a report received in September 2003, that no progress has been made at the legislative level to secure compensatory rest for workers employed on the weekly rest day. In the absence of any progress, the Committee is bound to repeat its previous observation, which read as follows:

The Committee notes with regret that the Government has taken no steps to bring the national legislation into line with the provisions of Article 8, paragraph 3, of the Convention under which compensatory rest of a duration at least equivalent to the period provided for under Article 6 must be granted, without prejudice to any monetary compensation, where temporary exemptions are made in respect of weekly rest. It recalls that since 1976 it has been commenting on the need to amend to this effect section 31 of Regulatory Decree No. 244 of 1943, which provides that remuneration may be granted instead of compensatory rest. The Committee again expresses the hope that the Government will take the necessary steps to this end as soon as possible.

The Committee notes that the Government envisages amending certain provisions of the General Labour Act and hopes that the Government will take advantage of this occasion to bring section 31 of Decree No. 244 into conformity with the Convention. It hopes that the new legislation will be adopted in the near future and requests the Government to indicate any progress achieved in this respect and to provide a copy of the relevant text when it has been adopted.

The Committee also addresses a request directly to the Government on certain points.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that the Government has taken no steps to bring the national legislation into line with the provisions of Article 8, paragraph 3, of the Convention under which compensatory rest of a duration at least equivalent to the period provided for under Article 6 must be granted, without prejudice to any monetary compensation, where temporary exemptions are made in respect of weekly rest. It recalls that since 1976 it has been commenting on the need to amend to this effect section 31 of Regulatory Decree No. 244 of 1943, which provides that remuneration may be granted instead of compensatory rest. The Committee again expresses the hope that the Government will take the necessary steps to this end as soon as possible.

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

[The Government is asked to reply in detail to the present comments in 2003.]

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The Committee notes with regret that the Government has taken no steps to bring the national legislation into line with the provisions of Article 8, paragraph 3, of the Convention under which compensatory rest of a duration at least equivalent to the period provided for under Article 6 must be granted, without prejudice to any monetary compensation, where temporary exemptions are made in respect of weekly rest. It recalls that since 1976 it has been commenting on the need to amend to this effect section 31 of Regulatory Decree No. 244 of 1943, which provides that remuneration may be granted instead of compensatory rest. The Committee again expresses the hope that the Government will take the necessary steps to this end as soon as possible.

[The Government is asked to report in detail in 2002.]

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The Committee takes note of the Government's last report and notes the information according to which the Government is considering amending section 31 of Regulating Decree No. 244 of 1943. In this regard, the Committee wishes to draw the Government's attention to the fact that since 1976 it has been commenting on the need to bring national legislation into conformity with the provisions of Article 8, paragraph 3, of the Convention, which provides for compensatory rest of a total duration at least equivalent to the period provided for under Article 6, irrespective of any financial compensation paid, where temporary exemptions to the weekly rest provisions are made. The Committee once again expresses the hope that the Government will take the necessary measures in the very near future.

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The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observations on the need to take measures to give full effect to Article 8, paragraph 3, of the Convention concerning compensatory rest, the Committee referred to the Government's indication that the General Labour Law was in the process of revision with the technical assistance of the ILO. The Government indicates in its last report that there have been no changes with regard to the application of the provisions of the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

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

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The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observations on the need to take measures to give full effect to Article 8, paragraph 3, of the Convention concerning compensatory rest, the Committee referred to the Government's indication that the General Labour Law was in the process of revision with the technical assistance of the ILO. The Government indicates in its last report that there have been no changes with regard to the application of the provisions of the Convention. The Committee once again trusts that the new legislation will be adopted as soon as possible in order to ensure full compliance with the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

The Committee again expresses the hope that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observations on the need to take measures to give full effect to Article 8, paragraph 3, of the Convention concerning compensatory rest, the Committee referred to the Government's indication that the General Labour Law was in the process of revision with the technical assistance of the ILO. The Government indicates in its last report that there have been no changes with regard to the application of the provisions of the Convention. The Committee once again trusts that the new legislation will be adopted as soon as possible in order to ensure full compliance with the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

The Committee again expresses the hope that the Government will make every effort to take the necessary action in the very near future.

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In its previous observations on the need to take measures to give full effect to Article 8, paragraph 3 of the Convention concerning compensatory rest, the Committee referred to the Government's indication that the General Labour Law was in the process of revision with the technical assistance of the ILO. The Government indicates in its last report that there have been no changes with regard to the application of the provisions of the Convention. The Committee once again trusts that the new legislation will be adopted as soon as possible in order to ensure full compliance with the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

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

The Government is asked to report in detail in 1996.

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The Committee has for several years been making comments on the need to take measures to give full effect to Article 8(3) of the Convention concerning compensatory rest. The Government indicates in its report that these comments are taken into account in the preliminary draft revising the General Labour Law, prepared with the technical assistance of the ILO. The Committee trusts that the new legislation will be adopted as soon as possible, that it will ensure compliance with the Convention, and that the Government will provide full details.

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The Committee notes the information supplied by the Government in its last report concerning the new General Labour Act prepared with the technical assistance of the ILO. It trusts that this legislation will be adopted in the near future and that it will take into account the Committee's previous comments concerning the application of Article 8, paragraph 3, of the Convention which provides for compensatory rest irrespective of any supplementary payment in the event of work on a weekly rest day.