Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Hours of Work (Industry) Convention, 1919 (No. 1) - Bolivia (Plurinational State of) (Ratification: 1973)

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:

Article 6, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 8 December 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Articles 3 and 6, paragraph 1(b). Additional hours of work. The Committee notes that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow up to two additional hours of work a day under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee notes that the exception in section 37 is covered by the exceptions allowed under Article 3 of the Convention. However, the Committee also notes that according to the Government’s report the internal rules of enterprises specify the hours of work and the circumstances in which additional hours of work may exceptionally be authorized. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244. It again recalls that Article 6, paragraph 1(b), of the Convention allows the granting of temporary exceptions to the rules on hours of work only in order to enable establishments to deal with cases of abnormal pressure of work. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

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