Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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The Committee notes the observations of the Confederation of Private Employers of Bolivia (CEPB), received on 31 August 2021 and 1 September 2023, which follow joint 2019 observations by the CEPB and the International Organization of Employers. The Committee notes that the CEPB alleges that, since 2006, the Government violates the principle of free and voluntary negotiation with regard to wages by: (i) it unilaterally fixing each year both the minimum wage and a margin for wage increases applicable to the private sector; (ii) obliging employers, on pain of a fine, to negotiate a collective agreement to implement the aforementioned wage increases within a specific deadline; (iii) making collective agreements on wages subject to approval by the Ministry of Labour, Employment and Social Welfare(MTEPS); and (iv) giving priority to dialogue on wages with the workers to the detriment of employers, which is in addition to the restrictive conditions and deadlines that contravene the essence and process of collective bargaining, which must be voluntary and autonomous. The CEPB states that such violations are evidenced by the provisions of Supreme Decree No. 4928 of 1 May 2023 and Ministerial Resolution No. 752/23 of 18 May 2023. The Committee also notes the Government’s indications that: (i) it has held meetings with both employers and workers in order to maintain the equality of both sectors; and (ii) section 6 of Supreme Decree No. 4928 establishes that the wage increase in the private sector shall be agreed by employers and workers on the basis of a 3 per cent minimum increase , in accordance with article 49 of the Bolivian Political Constitution, which states that “the law shall regulate labour relations regarding contracts and collective bargaining agreements; general and sectoral minimum wages and salary increases; [...]”. The Committee also notes that, under section 6 of Ministerial Resolution No. 752/23, “failure to submit the collective agreement on wage increase shall be penalized in accordance with the provisions of section 7 of Ministerial Resolution No. 212/18 of 1 March 2018”.

The Committee notes these various points. The Committee wishes to emphasise that: (i) the fixing by the authorities of generally applicable protective floors, including in respect of remuneration, is not contrary to the Convention provided that, on this basis, the parties have a genuine opportunity to engage in free and voluntary negotiations; (ii) the imposition by the Government of the conclusion of a collective agreement is, however, contrary to the principle of free and voluntary negotiation; and (iii) it is incumbent on the Government to promote a climate of dialogue and trust with and between the social partners in order to facilitate the implementation of the Convention. While recalling its long-standing comments to the Government in the context of the Minimum Wage Fixing Convention, 1970 (No. 131) on the need for full consultation with both employers' and workers' organisations, the Committee requests the Government to take the necessary measures to eliminate legislative or regulatory provisions providing for the compulsory signing of collective agreements and the related penalties. The Committee requests the Government to provide information on any progress in this regard. The Committee also requests the Government to provide its comments on the observations of the CEPB concerning the approval of collective agreements by the MTEPS.

Articles 1, 2 and 4 of the Convention. Legislative issues. In its previous comment, the Committee recalled two main issues relating to the above-mentioned Articles of the Convention, namely: (i) the urgency of updating the fines established in Act No. 38 of 1944, which currently range from 1,000 to 5,000 Bolivian pesos, in order to make them more effective in preventing discrimination and anti-union interference; and (ii) the need to guarantee the right to collective bargaining for both public servants not engaged in the public administration and agricultural workers (for the latter, such recognition is already provided for in the Constitution, but the General Labour Act has not yet been amended in this respect). The Committee also noted the Government’s reply indicating that it was still working on updating fines in collaboration with the Bolivian Workers’ Federation (COB), drafting a new law for public servants not engaged in the public administration, and drafting a new Labour Code to address the issue of the exclusion of agricultural workers. Noting with regret the lack of progress in this regard, the Committee firmly expects that the new Public Servants Act and the new Labour Code will be adopted in the very near future and that, taking account of the Committee’s comments, they will be in full conformity with the provisions of the Convention. The Committee requests the Government to report on any developments in this regard and once again reminds the Government that it may avail itself of the technical assistance of the Office if it so wishes.

Application of the Convention in practice. The Committee requested the Government to provide full statistical data on the number of collective agreements concluded in the country, with an indication of the sectors and the number of workers covered. In the absence of information in this respect, the Committee expresses the firm hope that the Government will be able to collect the statistical data in question in the near future and requests it to provide such data as soon as it becomes available.