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

Minimum Age Convention, 1973 (No. 138) - Bolivia (Plurinational State of) (Ratification: 1997)

Article 6 of the Convention. Apprenticeship. In its previous comments, the Committee noted that under sections 28 and 58 of the General Labour Act, children under 14 years of age may work as apprentices, whether paid or unpaid. It also noted that sections 137 and 138 of the 1999 Code regulate apprenticeship but specify no minimum age for admission to apprenticeship. The Committee asked the Government to provide information on the measures taken or envisaged to ensure that no one under 14 years of age is engaged in an apprenticeship.

In its report, the Government indicates that labour inspectors are responsible for implementing measures to ensure that children under 14 years of age are not engaged in apprenticeships. They have a form prescribed by certain provisions of the national legislation governing the supervision of work. Furthermore, four labour inspectors have received training and are specialized in child labour issues. The Committee acknowledges that measures to reinforce the labour inspection services are essential in combating child labour. However, for their work, labour inspectors need a basis in law consistent with the Convention enabling them to ensure that children are protected against conditions of work liable to jeopardize their health or their development. The abovementioned provisions of the national legislation governing the age of admission to apprenticeship are not consistent with the Convention. The Committee reminds the Government that, according to Article 6, the Convention does not apply to work done in enterprises by persons of at least 14 years of age when it is carried out in the context of a programme of education, training or vocational guidance, in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned.

The Committee accordingly asks the Government to take the necessary steps to amend the provisions of the national legislation that regulate the age of admission to apprenticeship so as to provide that no one under 14 years of age is engaged in an apprenticeship, as required by Article 6 of the Convention.

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