Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

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

Articles 1, 2 and 3 of the Convention. The Committee recalls that for many years it has referred to the need for the legislation to contain provisions protecting those workers who are not trade union leaders against anti-union discrimination, and protecting against any act of interference by employers’ organizations in workers’ organizations and vice versa. In this connection, the Committee takes due note of the Government’s indication that: (1) provision has been made through a Supreme Decree No. 25421 of 11 June 1999 for the prohibition of any anti-union discrimination whatsoever against workers, and also against any act of discrimination or interference by employers’ organizations in workers’ organizations and vice versa; and (ii) infringements will be penalized in conformity with the General Labour Law and its pertinent provisions.

In this connection, the Committee requests the Government to indicate clearly with its next report what penalties provided for in the law will be applicable, as well as to communicate information on the way in which the system functions in practice.

Articles 4 and 6. The Committee observes that the legislation denies the right to organize to public servants. The Committee stresses that public servants not employed in the administration of the State must have the right to bargain collectively through their organizations. The Committee asks the Government to take steps to amend the legislation accordingly.

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