Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Bolivia (Plurinational State of) (Ratification: 1973)

The Committee recalls that for many years its comments have referred to the following matters relating to Articles 1, 2 and 4 of the Convention:

• -the need to adjust the amount of fines (the amount of which ranges between 1,000 and 5,000 Bolivian bolivianos) as envisaged in Act No. 38 of 7 February 1944 to make them sufficiently dissuasive in relation to possible acts of anti-union discrimination or interference; and
• -the need to guarantee the right to collective bargaining of public servants not engaged in the administration of the State and agricultural workers (the Constitution already does so, but the General Labour Act has not been amended accordingly).

The Committee notes the Government’s indication that fines are one of the aspects currently covered by the claims submitted by the Bolivian Central of Workers and that agreement is being reached on the necessary wording through round-table meetings. With regard to public servants, the Government indicates that the repeal of Act No. 2027 issuing the conditions of service of public servants has been announced and its replacement by a new Act concerning public servants which currently exists in draft form and on which work is still being carried out. With reference to agricultural workers, work is being carried out on the wording of what will become the new Labour Code, which will replace the General Labour Act of 1942.

The Committee trusts that the new Act concerning public servants and the new Labour Code will be adopted in the very near future, that they will be the subject of consultations with all of the most representative organizations of workers and employers and that accordingly: (i) the amount of the fines to be imposed for acts of anti-union discrimination or interference will be updated so as to ensure that they are sufficiently dissuasive; and (ii) the guarantees set out in the Convention will be explicitly afforded to public servants who are not engaged in the administration of the State and to all agricultural workers, whether they are employed persons or own account workers. The Committee requests the Government to report any progress made in this regard and recalls once again that, if it so wishes, it may have recourse to the technical assistance of the Office.

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