Protection of Wages Convention, 1949 (No. 95) - Bolivia (Plurinational State of) (Ratification: 1977)

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 2, 3, 5, 9, 12, 14 and 15 of the Convention. Further to its previous comments, the Committee notes the information provided by the Government in its report concerning the application of the aforementioned Articles.

Article 8. Deductions from wages. Workers covered by the General Labour Act (LGT). In its previous comments, the Committee noted that section 42 of the Regulations implementing the General Labour Act (LGT Regulations) allows deductions from wages when these are established not only by law but also by contracts and asked the Government to take steps to prohibit deductions under individual agreements. Noting that the Government has not provided any information in this respect, the Committee recalls that provisions of national legislation which permit deductions by virtue of individual agreements are not compatible with Article 8(1) of the Convention as such arrangements might involve unlawful or abusive deductions, or unsolicited payments in kind, to the detriment of the worker’s earnings (General Survey of 2003 on protection of wages, paragraph 217). In this context, the Committee requests the Government to clarify which types of contract or agreement (collective or individual) are referred to by section 42 of the LGT Regulations and to take the necessary steps to prohibit deductions by virtue of individual agreements. In its previous comments, the Committee also asked the Government to take steps to establish a limit to the amount of permissible deductions under section 42 of the LGT Regulations. The Committee notes that the Government does not indicate whether the national legislation establishes such a limit. The Committee once again requests the Government to take the necessary measures to establish a limit to the amount of permissible deductions and to provide information in this regard.

Articles 8 and 10. Deductions from wages; attachment or assignment of wages. Public officials. In its previous comments, the Committee asked the Government to clarify whether there were limits to deductions that could be made from the wages of public officials, and limits to attachment or assignment of the wages of such officials. The Committee notes that the Government has not provided any information on this matter and reiterates its request in this regard.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Articles 4, 6, 7, 8 and 12 of the Convention. Protection of the wages of indigenous agricultural workers. In its previous comments, the Committee noted the measures taken by the Government to combat forced labour and abusive practices in the payment of wages to indigenous agricultural workers and asked the Government to provide information on the impact of these measures on the situation of the workers. The Committee notes that the Government provides information in its report on the activities of the Fundamental Rights Unit at the Ministry of Labour to protect the labour rights of indigenous agricultural workers and on the results of the integrated mobile inspection units, particularly in remote rural areas and in enterprises that employ indigenous workers. The Committee also notes that this subject is addressed in the context of monitoring the application of the Forced Labour Convention, 1930 (No. 29). In this respect, the Committee refers to its comments on the application of Convention No. 29.

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

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 2 to 15 of the Convention. Protection of wages. Further to its previous comment, the Committee notes the Government’s indication that it is still in the process of amending numerous legislative texts, including the General Labour Act, and that all stakeholders will be afforded the opportunity to review and comment on the proposed legislation. The Government explains that two draft Labour Acts had been prepared in parallel by the Ministry of Labour and the Bolivian Workers’ Centre (COB) and an effort was presently being made to work jointly on a single text. The Committee notes, however, that the Government’s report is once more silent on the numerous points previously raised with respect to virtually all the provisions of the Convention. The Committee hopes that, in the process of the ongoing revision of the general labour legislation, the Government will not fail to give due consideration to the Committee’s detailed comments and fully implement the provisions of Articles 2 (application of the Convention to agricultural workers); 3 (payment of wages in legal tender); 5 (payment of wages directly to the worker concerned); 8 (deductions from the wages); 9 (labour contractors or recruiters); 10 (attachment or assignment of wages); 12 (final settlement of the wages due); 14 (informing workers of wage conditions); and 15(d) (keeping of wage records). The Committee again requests the Government to keep the Office informed of any concrete progress made in the process of adopting the new General Labour Act and to transmit a copy of that text as soon as it has been finalized.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government with respect to inspections undertaken in 2010 in different regions and the results of those inspections. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied in practice, including, for instance, the number of workers protected by the relevant legislation, extracts from reports of the inspection services showing the number of wages-related infringements and sanctions imposed, and copies of official publications or studies addressing issues dealt with in the Convention.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 4, 6, 7, 8 and 12 of the Convention. Abusive practices in the payment of the wages of indigenous agricultural workers. Further to its previous comment regarding abusive pay practices with respect to indigenous agricultural workers, the Committee notes the Government’s reference to Act No. 3785 of 23 November 2007 and Supreme Decree No. 29432 of 16 January 2008, which extend the coverage of the General Labour Act and social security protection to seasonal agricultural workers. The Committee also notes the Government’s reference to: (i) Supreme Decree No. 28159 of 16 May 2005 on a labour regime for the Guaraní communities; (ii) Supreme Decree No. 29215 of 2 August 2007 on regulations concerning national agrarian reform; (iii) Supreme Decree No. 29292 of 3 October 2007 establishing an Inter-ministerial Council on the eradication of servitude and forced labour; and (iv) Supreme Decrees No. 29802 of 19 November 2008 and No. 0388 of 23 December 2009 on servitude and forced labour in agricultural areas. The Committee asks the Government to elaborate on the practical impact that this legislation has had on the situation of indigenous agricultural workers in the Chaco region, and indicate any targeted programmes or initiatives seeking to improve the pay conditions of the workers concerned. Moreover, noting that a new General Labour Act is currently being drafted, the Committee again requests the Government to take into account the comments made in 2010 under the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117).

As regards the implementation of a national plan of action to eradicate and combat forced labour in all its forms, the Committee notes the information provided by the Government concerning: (i) the establishment of the Fundamental Rights Unit (UDF) under Supreme Decree No. 29894; (ii) the Transitional Inter ministerial Plan 2007–08 for the Guaraní people (PIT Guaraní); and (iii) the programme to strengthen institutional capacities (FORDECAPI) in agreement with the Government of Switzerland. The Committee further notes the Government’s indication that the UDF set up an action plan for 2009–10 to enforce fundamental rights of all Bolivian workers, especially indigenous and vulnerable workers, that the PIT Guaraní aimed to guarantee individual and collective rights of the Chaco community and was administered in six components, and that the FORDECAPI which addressed all cases dealing with, inter alia, indigenous agricultural workers has been extended until December 2012. The Committee asks the Government to keep the Office informed of any assessment of the various plans against forced labour and on the working conditions of indigenous agricultural workers as well as any follow-up activities that might be undertaken in this regard.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 2 to 15 of the Convention. Protection of wages. The Committee notes the adoption of the new national Constitution on 7 February 2009 which entails the amendment of numerous legislative texts, including the general Labour Act currently being drawn up. It notes that the Government’s report provides no new information in reply to the Committee’s numerous comments for several years on the application of virtually all the provisions of the Convention. The Committee hopes that, in the context of drawing up the new labour legislation, the Government will take into account its previous comments and that it will not fail to take the opportunity to bring its legislation into conformity with the Convention, particularly with regard to Articles 2 (application of the Convention to agricultural workers); 3 (payment of wages in legal tender); 5 (payment of wages directly to the worker concerned); 8 (deductions from the wages of private‑sector workers and public servants); 9 (labour contractors or recruiters); 10 (attachment or assignment of the wages of private-sector workers and public servants); 12 (final settlement of the wages due); 14 (informing workers of wage conditions); and 15(d) (keeping of records). The Committee therefore requests the Government to keep the Office informed of any developments in drawing up the new general Labour Act and to provide a copy of that text as soon as it has been finalized. The Committee recalls that the Government, may, if it so wishes, seek technical assistance from the ILO through its regional office in Lima with regard to the legislative amendments that are necessary to ensure the full application of the provisions of the Convention.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Articles 4, 6, 7, 8 and 12 of the Convention. Abusive practices in the payment of the wages of indigenous agricultural workers. Further to its previous comment concerning the allegations of abuses in the payment of wages to agricultural workers, as well as to the study entitled Enganche y Servidumbre por Deudas en Bolivia (“The trap of debt bondage in Bolivia”), published by the Office in January 2005, which reported practices resulting in tens of thousands of indigenous workers being in a situation of debt bondage, the Committee notes the information provided by the Government concerning the legislative provisions relating to the prohibition of forced labour and slavery contained in: (i) the new national Constitution adopted on 7 February 2009 (articles 15(V) and 46(II); (ii) Supreme Decree No. 29894 of 7 February 2009 (sections 86(f) and 87(f)); and (iii) the Penal Code (sections 291 and 293). It recalls that the recommendations of the above study included the ratification of the Forced Labour Convention, 1930 (No. 29), which was ratified by Bolivia on 31 May 2005. In this regard, the Committee requests the Government to refer to the comments sent to it in 2009 under Convention No. 29.

With regard to the formulation of a national plan of action to eradicate and combat forced labour in all its forms, the Committee notes that the Government provides no information on this point. It refers to paragraph 356 of the Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work (Report I(B)), submitted to the 98th Session of the International Labour Conference 2009, in which it is emphasized that forced labour can only be eradicated “through integrated policies and programmes, mixing law enforcement with proactive measures of prevention and protection, and empowering those at risk of forced labour to defend their own rights”. The Committee therefore requests the Government to provide concrete and detailed information on any progress made with regard to the current situation of agricultural workers, as well as on any initiative, current or future, designed to eradicate forced labour and ensure the regular payment of a suitable wage to the workers concerned. Furthermore, noting the Government’s indication that a new general Labour Act is in the process of being drawn up, the Committee hopes that the Government will also take into account the comments sent to it in 2009 under the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), and the Minimum Wage Fixing Convention, 1970 (No. 131).

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

[The Government is asked to reply in detail to the present comments in 2010.]

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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Scope of application – Agricultural workers. The Committee notes that, according to the information provided by the Government in its last report, the General Labour Act does not apply to agricultural workers. However, it notes that the fourth final provision of Act No. 1715 of 18 October 1996 on the national agrarian reform service provides that rural wage earners will be incorporated into the scope of the General Labour Act under a “special scheme”. The Committee recalls that, in an observation that it made in 2003 in relation to the Labour Inspection (Agriculture) Convention, 1969 (No. 129), it considered that the repeal of section 1 of the General Labour Act and section 1 of Decree No. 244 issuing regulations under the General Labour Act was necessary to harmonize the legislation on this matter. The Committee requests the Government to provide information on the measures adopted or envisaged for this purpose.

Article 3. Payment in legal tender. The Committee notes that, according to the information provided by the Government in its last report, wages have to be paid in legal tender in accordance with Supreme Decree No. 7182 of 23 May 1965. However, it recalls that section 1 of the Act of 7 September 1901 only prohibits the use of “wage chips”, “stamps” or “vouchers” for the payment of daily wages. The Committee trusts that the Government will take measures rapidly to extend this prohibition to other forms of wages.

Article 5. Direct payment of wages. The Committee recalls that section 53 of the General Labour Act provides that wages must be paid on a working day and at the workplace, but does not explicitly provide that they must be paid directly to the worker concerned. It notes that in its previous reports the Government referred to a new draft General Labour Act, which was to bring the legislation into conformity with the Convention on this point. However, the Committee notes from the Government’s last report that the adoption of this draft text no longer appears to be under consideration. In this context, the Committee requests the Government to indicate the measures that it is planning to take to give full effect to this provision.

Article 8. Deductions from wages. The Committee notes that section 42 of Decree No. 244 issuing regulations under the General Labour Act still allows deductions to be made from wages when they are envisaged not only by the law or by the competent judicial authority, but also in the contract. It recalls once again that, under the terms of Article 8 of the Convention, such deductions may only be prescribed by national laws or regulations, a collective agreement or arbitration award, and it trusts that the Government will take the necessary measures in the near future to prohibit deductions envisaged solely in the employment contract.

The Committee also notes the Government’s indication in its last report that the deductions currently made from wages are intended for the payment of contributions to pension fund administrators and contributions for benefits relating to the various contingencies, as well as those monitored by the personnel administration in cases of “delays”. The Committee requests the Government to indicate which cases of delays are envisaged by this provision.

Furthermore, the Committee notes the Government’s confirmation in its last report that there is no provision establishing a limit to the amount of permissible deductions, although it indicates that in practice such deductions do not exceed 20 per cent of wages. The Committee once again requests the Government to take measures to establish a limit within which deductions from wages are authorized, with a view to securing the maintenance of the worker and his or her family.

With regard to public officials, the Committee notes that section 27(e) of Supreme Decree No. 25749 prohibits deductions from wages for political parties, even when they are made with the consent of the worker. It requests the Government to provide information on any other types of deductions that are authorized from the remuneration of this category of workers.

Article 9. Labour contractors or recruiters. The Committee notes that in its last report the Government maintained that, under the terms of section 31 of the General Labour Act, only the State may act as an intermediary between employers and workers. The Committee requests the Government to provide detailed information on the application of this provision in practice. With reference more particularly to agricultural workers, it refers to the observation that it is making on the present Convention concerning recruitment practices (enganche). The Committee also refers to the comments it made in relation to the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), concerning the progressive abolition of fee-charging employment agencies conducted with a view to profit.

Article 10. Attachment or assignment of wages. The Committee notes once again that section 179 of the Code of Civil Procedure establishes a limit to the attachments which may be made on the wages, but does not contain a similar rule for the assignment of wages. It recalls, as it explained in its General Survey in 2003 on the protection of wages (paragraph 272), that “when workers become indebted, part of their wages may be withheld by the employer in execution of a court order to this effect, known also as an attachment, garnishment or restraint order. Alternatively, workers may choose to agree with the competent judicial or administrative authority upon a voluntary arrangement, or assignment, whereby part of the wages are paid directly to the creditor in settlement of the debts”. The Committee draws the Government’s attention to the equal importance of establishing limits for attachments and assignments so as to ensure a decent standard of living for workers and their families. It trusts that the Government will take the necessary measures in the near future to establish such limits in the case of assignment of wages.

With regard to public officials, the Committee notes that, under the terms of section 27(d) of Supreme Decree No. 25749, remuneration may not be attached, except in cases of attachment determined by judicial decision of the competent authority and administrative penalties imposed under Supreme Decree No. 23318‑A of 3 November 1992 issuing regulations on the responsibility of the public service. It requests the Government to provide more specific information according to the procedures which the competent authority may order the attachment of wages through judicial decision or the attachment of wages may be decided by means of an administrative sanction. It also requests the Government to specify the limits within which wages may be attached in the above cases.

Article 12. Final settlement of the wages due. The Committee recalls that its previous comments concerned the absence of provisions of general scope, in the General Labour Act or Decree No. 244, establishing the obligation to pay the worker within a reasonable period of time all wages due upon the termination of the contract of employment, as such a rule has only been established for cotton and sugar cane workers (section 22 of Supreme Decree No. 20255). It notes the reference by the Government in its last report to section 1 of Supreme Decree No. 23281 of 29 August 1985, under which the period for the payment of social benefits due to workers in public and private enterprises and establishments may not exceed two weeks following the last day worked. The Committee would be grateful if the Government would clarify the scope of the term “social benefits”, with an indication of whether it also covers the wages due to workers, and if it would specify whether a similar provision is applicable to public servants.

Article 14. Informing workers of wage conditions. The Committee notes that section 7 of Decree No. 244 provides that the contract of employment must indicate the amount, form and period of the payment of wages. It recalls that its previous comments related to the measures adopted to inform workers of changes in wage conditions during the course of the employment relationship. It notes in this respect that, in its last reports, the Government has provided information on the measures that it has adopted to disseminate information on wage-related rights in general and on the fixing of the national minimum wage. The Committee is, however, bound to note that this information does not reply to the question raised above. As regards the duty of keeping workers informed of the wage particulars at the time of each payment of wages, in so far as such particulars may be subject to change, the Committee notes that the Government confined itself in a previous report to referring to the Supreme Decree of 9 March 1937, under which, in the event of a decrease in wages, employees have the choice of remaining in or leaving their jobs. As the Committee has already emphasized, a provision of this type is not such as to give effect to the Convention on this point. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the provision to workers of the information prescribed by this Article of the Convention. Indeed, as it emphasized in its General Survey of 2003 on the protection of wages (paragraph 460), “under modern conditions, the need to ensure greater transparency and protection of workers’ rights has raised the principle of keeping workers adequately informed of their wage conditions to the level of one of the fundamental requirements of the Convention”.

Article 15(d). Keeping of records. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged to establish the obligation to keep records in an approved form and manner. It draws the Government’s attention to the specifications provided in Paragraph 8 of the Protection of Wages Recommendation, 1949 (No. 85), which indicates that employers should be required in appropriate cases to maintain records showing, in respect of each worker employed, the particulars specified in Paragraph 7 of the Recommendation, namely, the gross amount of wages earned, the net amount of the wages and any deduction. The Committee hopes that the Government will take the necessary measures as soon as possible to establish the obligation to maintain records of wages.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, extracts from the reports of the inspection services, information on the number of workers protected by the relevant legislation, the number and nature of any violations reported, etc.

The Committee would also be grateful if the Government would provide copies of the following texts, which are not available to the Office: Supreme Decree No. 7182 of 23 May 1965 respecting the payment of wages in legal tender and the Act of 19 March 1941 prohibiting the attachment of wages except for purposes of family assistance.

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

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:

The Committee recalls that it has been making comments since 1983 on the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), and the present Convention regarding alleged abuses in the payment of wages to agricultural workers. It notes with regret that the Government confined itself in its last report to indicating that there had been no follow-up on the matter raised in the Committee’s previous observations and that investigations had not been carried out on the subject. The Government added that, in the context of its policy, it was seeking, among other aims, to resolve the problems encountered by all salaried workers not covered by the General Labour Act.

In this respect, the Committee notes the study entitled Enganche y Servidumbre por Deudas en Bolivia (“The trap of debt bondage in Bolivia”), prepared in 2004 and published by the Office in January 2005, which reports practices resulting in tens of thousands of indigenous agricultural workers being in a situation of debt bondage, with some of them being subject to conditions of permanent or semi-permanent forced labour. According to this study, the methods used include systems of advances on wages, stores located in camps which charge excessive rates in relation to market prices, compulsory deductions from wages for savings schemes, payments in kind and the deferred payment of wages. These practices are found, in one form or another, in the regions of Santa Cruz and Tarija (sugar cane harvest), in the north of Amazonia (chestnut picking) and in the region of Chaco (work in ranches), with this latter region experiencing the worst cases of forced labour in the Andean region. The Committee also notes that the conclusions and recommendations of this study were validated at a tripartite seminar held in La Paz in August 2004. The recommendations of the study included the ratification of the Forced Labour Convention, 1930 (No. 29), and the formulation of a national plan of action to eradicate and combat forced labour in all its forms. The Committee draws the Government’s attention to the fact that the practices referred to in the study raise problems relating to the application of Article 4 (payment in kind), Article 6 (freedom of the worker to dispose of his or her wages), Article 7 (works stores), Article 8 (deductions from wages) and Article 12 (regular payment of wages) of Convention No. 95. It therefore requests the Government to provide detailed information on the measures adopted for the formulation and implementation of a national plan of action to bring these practices to an end.

The Committee is addressing other points, including the scope of application of the General Labour Act and its extension to agricultural workers, in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Scope of application – Agricultural workers. The Committee notes that, according to the information provided by the Government in its last report, the General Labour Act does not apply to agricultural workers. However, it notes that the fourth final provision of Act No. 1715 of 18 October 1996 on the national agrarian reform service provides that rural wage earners will be incorporated into the scope of the General Labour Act under a “special scheme”. The Committee recalls that, in an observation that it made in 2003 in relation to the Labour Inspection (Agriculture) Convention, 1969 (No. 129), it considered that the repeal of section 1 of the General Labour Act and section 1 of Decree No. 244 issuing regulations under the General Labour Act was necessary to harmonize the legislation on this matter. The Committee requests the Government to provide information on the measures adopted or envisaged for this purpose.

Article 3. Payment in legal tender. The Committee notes that, according to the information provided by the Government in its last report, wages have to be paid in legal tender in accordance with Supreme Decree No. 7182 of 23 May 1965. However, it recalls that section 1 of the Act of 7 September 1901 only prohibits the use of “wage chips”, “stamps” or “vouchers” for the payment of daily wages. The Committee trusts that the Government will take measures rapidly to extend this prohibition to other forms of wages.

Article 5. Direct payment of wages. The Committee recalls that section 53 of the General Labour Act provides that wages must be paid on a working day and at the workplace, but does not explicitly provide that they must be paid directly to the worker concerned. It notes that in its previous reports the Government referred to a new draft General Labour Act, which was to bring the legislation into conformity with the Convention on this point. However, the Committee notes from the Government’s last report that the adoption of this draft text no longer appears to be under consideration. In this context, the Committee requests the Government to indicate the measures that it is planning to take to give full effect to this provision.

Article 8. Deductions from wages. The Committee notes that section 42 of Decree No. 244 issuing regulations under the General Labour Act still allows deductions to be made from wages when they are envisaged not only by the law or by the competent judicial authority, but also in the contract. It recalls once again that, under the terms of Article 8 of the Convention, such deductions may only be prescribed by national laws or regulations, a collective agreement or arbitration award, and it trusts that the Government will take the necessary measures in the near future to prohibit deductions envisaged solely in the employment contract.

The Committee also notes the Government’s indication in its last report that the deductions currently made from wages are intended for the payment of contributions to pension fund administrators and contributions for benefits relating to the various contingencies, as well as those monitored by the personnel administration in cases of “delays”. The Committee requests the Government to indicate which cases of delays are envisaged by this provision.

Furthermore, the Committee notes the Government’s confirmation in its last report that there is no provision establishing a limit to the amount of permissible deductions, although it indicates that in practice such deductions do not exceed 20 per cent of wages. The Committee once again requests the Government to take measures to establish a limit within which deductions from wages are authorized, with a view to securing the maintenance of the worker and his or her family.

With regard to public officials, the Committee notes that section 27(e) of Supreme Decree No. 25749 prohibits deductions from wages for political parties, even when they are made with the consent of the worker. It requests the Government to provide information on any other types of deductions that are authorized from the remuneration of this category of workers.

Article 9. Labour contractors or recruiters. The Committee notes that in its last report the Government maintained that, under the terms of section 31 of the General Labour Act, only the State may act as an intermediary between employers and workers. The Committee requests the Government to provide detailed information on the application of this provision in practice. With reference more particularly to agricultural workers, it refers to the observation that it is making on the present Convention concerning recruitment practices (enganche). The Committee also refers to the comments it made in relation to the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), concerning the progressive abolition of fee-charging employment agencies conducted with a view to profit.

Article 10. Attachment or assignment of wages. The Committee notes once again that section 179 of the Code of Civil Procedure establishes a limit to the attachments which may be made on the wages, but does not contain a similar rule for the assignment of wages. It recalls, as it explained in its General Survey in 2003 on the protection of wages (paragraph 272), that “when workers become indebted, part of their wages may be withheld by the employer in execution of a court order to this effect, known also as an attachment, garnishment or restraint order. Alternatively, workers may choose to agree with the competent judicial or administrative authority upon a voluntary arrangement, or assignment, whereby part of the wages are paid directly to the creditor in settlement of the debts”. The Committee draws the Government’s attention to the equal importance of establishing limits for attachments and assignments so as to ensure a decent standard of living for workers and their families. It trusts that the Government will take the necessary measures in the near future to establish such limits in cases of the attachment and assignment of wages.

With regard to public officials, the Committee notes that, under the terms of section 27(d) of Supreme Decree No. 25749, remuneration may not be attached, except in cases of attachment determined by judicial decision of the competent authority and administrative penalties imposed under Supreme Decree No. 23318‑A of 3 November 1992 issuing regulations on the responsibility of the public service. It requests the Government to provide more specific information according to the procedures which the competent authority may order the attachment of wages through judicial decision or the attachment of wages may be decided by means of an administrative sanction. It also requests the Government to specify the limits within which wages may be attached in the above cases.

Article 12. Final settlement of the wages due. The Committee recalls that its previous comments concerned the absence of provisions of general scope, in the General Labour Act or Decree No. 244, establishing the obligation to pay the worker within a reasonable period of time all wages due upon the termination of the contract of employment, as such a rule has only been established for cotton and sugar cane workers (section 22 of Supreme Decree No. 20255). It notes the reference by the Government in its last report to section 1 of Supreme Decree No. 23281 of 29 August 1985, under which the period for the payment of social benefits due to workers in public and private enterprises and establishments may not exceed two weeks following the last day worked. The Committee would be grateful if the Government would clarify the scope of the term “social benefits”, with an indication of whether it also covers the wages due to workers, and if it would specify whether a similar provision is applicable to public servants.

Article 14. Informing workers of wage conditions. The Committee notes that section 7 of Decree No. 244 provides that the contract of employment must indicate the amount, form and period of the payment of wages. It recalls that its previous comments related to the measures adopted to inform workers of changes in wage conditions during the course of the employment relationship. It notes in this respect that, in its last reports, the Government has provided information on the measures that it has adopted to disseminate information on wage-related rights in general and on the fixing of the national minimum wage. The Committee is, however, bound to note that this information does not reply to the question raised above. As regards the duty of keeping workers informed of the wage particulars at the time of each payment of wages, in so far as such particulars may be subject to change, the Committee notes that the Government confined itself in a previous report to referring to the Supreme Decree of 9 March 1937, under which, in the event of a decrease in wages, employees have the choice of remaining in or leaving their jobs. As the Committee has already emphasized, a provision of this type is not such as to give effect to the Convention on this point. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the provision to workers of the information prescribed by this Article of the Convention. Indeed, as it emphasized in its General Survey of 2003 on the protection of wages (paragraph 460), “under modern conditions, the need to ensure greater transparency and protection of workers’ rights has raised the principle of keeping workers adequately informed of their wage conditions to the level of one of the fundamental requirements of the Convention”.

Article 15(d). Keeping of records. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged to establish the obligation to keep records in an approved form and manner. It draws the Government’s attention to the specifications provided in Paragraph 8 of the Protection of Wages Recommendation, 1949 (No. 85), which indicates that employers should be required in appropriate cases to maintain records showing, in respect of each worker employed, the particulars specified in Paragraph 7 of the Recommendation, namely, the gross amount of wages earned, the net amount of the wages and any deduction. The Committee hopes that the Government will take the necessary measures as soon as possible to establish the obligation to maintain records of wages.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, extracts from the reports of the inspection services, information on the number of workers protected by the relevant legislation, the number and nature of any violations reported, etc.

Part VI of the report form. The Committee notes that, despite the reminder sent by the Office on this subject, the Government has not indicated whether it forwarded a copy of its last report to the representative organizations of employers and workers. The Committee requests the Government to provide all relevant information on this subject.

The Committee would also be grateful if the Government would provide copies of the following texts, which are not available to the Office: Supreme Decree No. 7182 of 23 May 1965 respecting the payment of wages in legal tender and the Act of 19 March 1941 prohibiting the attachment of wages except for purposes of family assistance.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

The Committee recalls that it has been making comments since 1983 on the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), and the present Convention regarding alleged abuses in the payment of wages to agricultural workers. It notes with regret that the Government confined itself in its last report to indicating that there had been no follow-up on the matter raised in the Committee’s previous observations and that investigations had not been carried out on the subject. The Government added that, in the context of its policy, it was seeking, among other aims, to resolve the problems encountered by all salaried workers not covered by the General Labour Act.

In this respect, the Committee notes the study entitled Enganche y Servidumbre por Deudas en Bolivia (“The trap of debt bondage in Bolivia”), prepared in 2004 and published by the Office in January 2005, which reports practices resulting in tens of thousands of indigenous agricultural workers being in a situation of debt bondage, with some of them being subject to conditions of permanent or semi-permanent forced labour. According to this study, the methods used include systems of advances on wages, stores located in camps which charge excessive rates in relation to market prices, compulsory deductions from wages for savings schemes, payments in kind and the deferred payment of wages. These practices are found, in one form or another, in the regions of Santa Cruz and Tarija (sugar cane harvest), in the north of Amazonia (chestnut picking) and in the region of Chaco (work in ranches), with this latter region experiencing the worst cases of forced labour in the Andean region. The Committee also notes that the conclusions and recommendations of this study were validated at a tripartite seminar held in La Paz in August 2004. The recommendations of the study included the ratification of the Forced Labour Convention, 1930 (No. 29), and the formulation of a national plan of action to eradicate and combat forced labour in all its forms. The Committee draws the Government’s attention to the fact that the practices referred to in the study raise problems relating to the application of Article 4 (payment in kind), Article 6 (freedom of the worker to dispose of his or her wages), Article 7 (works stores), Article 8 (deductions from wages) and Article 12 (regular payment of wages) of Convention No. 95. It therefore requests the Government to provide detailed information on the measures adopted for the formulation and implementation of a national plan of action to bring these practices to an end.

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

The Committee is addressing other points, including the scope of application of the General Labour Act and its extension to agricultural workers, in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the adoption of Act No. 2027 of 27 October 1999 issuing the conditions of service of public officials and of Supreme Decree No. 25749 of 20 April 2000 issuing regulations under the above conditions of service. It wishes to raise the following points concerning the application of the Convention.

Article 2 of the Convention. Scope of application – Agricultural workers. The Committee notes that, according to the information provided by the Government in its report, the General Labour Act does not apply to agricultural workers. However, it notes that the fourth final provision of Act No. 1715 of 18 October 1996 on the national agrarian reform service provides that rural wage-earners will be incorporated into the scope of the General Labour Act under a “special scheme”. The Committee recalls that, in an observation that it made in 2003 in relation to the Labour Inspection (Agriculture) Convention, 1969 (No. 129), it considered that the repeal of section 1 of the General Labour Act and section 1 of Decree No. 244 issuing regulations under the General Labour Act was necessary to harmonize the legislation on this matter. The Committee requests the Government to provide information on the measures adopted or envisaged for this purpose.

Article 3. Payment in legal tender. The Committee notes that, according to the information provided by the Government in its report, wages have to be paid in legal tender in accordance with Supreme Decree No. 7182 of 23 May 1965. However, it recalls that section 1 of the Act of 7 September 1901 only prohibits the use of “wage chips”, “stamps” or “vouchers” for the payment of daily wages. The Committee trusts that the Government will take measures rapidly to extend this prohibition to other forms of wages.

Article 5. Direct payment of wages. The Committee recalls that section 53 of the General Labour Act provides that wages must be paid on a working day and at the workplace, but does not explicitly provide that they must be paid directly to the worker concerned. It notes that in its previous reports the Government referred to a new draft General Labour Act, which was to bring the legislation into conformity with the Convention on this point. However, the Committee notes from the Government’s last report that the adoption of this draft text no longer appears to be under consideration. In this context, the Committee requests the Government to indicate the measures that it is planning to take to give full effect to this provision.

Article 8. Deductions from wages. The Committee notes that section 42 of Decree No. 244 issuing regulations under the General Labour Act still allows deductions to be made from wages when they are envisaged not only by the law or by the competent judicial authority, but also in the contract. It recalls once again that, under the terms of Article 8 of the Convention, such deductions may only be prescribed by national laws or regulations, a collective agreement or arbitration award, and it trusts that the Government will take the necessary measures in the near future to prohibit deductions envisaged solely in the employment contract.

The Committee also notes the Government’s indication in its last report that the deductions currently made from wages are intended for the payment of contributions to pension fund administrators and contributions for benefits relating to the various contingencies, as well as those monitored by the personnel administration in cases of “delays”. The Committee requests the Government to indicate which cases of delays are envisaged by this provision.

Furthermore, the Committee notes the Government’s confirmation in its last report that there is no provision establishing a limit to the amount of permissible deductions, although it indicates that in practice such deductions do not exceed 20 per cent of wages. The Committee once again requests the Government to take measures to establish a limit within which deductions from wages are authorized, with a view to securing the maintenance of the worker and his or her family.

With regard to public officials, the Committee notes that section 27(e) of Supreme Decree No. 25749 prohibits deductions from wages for political parties, even when they are made with the consent of the worker. It requests the Government to provide information on any other types of deductions that are authorized from the remuneration of this category of workers.

Article 9. Labour contractors or recruiters. The Committee notes that in its last report the Government maintains that, under the terms of section 31 of the General Labour Act, only the State may act as an intermediary between employers and workers. The Committee requests the Government to provide detailed information on the application of this provision in practice. With reference more particularly to agricultural workers, it refers to the observation that it is making on the present Convention concerning recruitment practices (enganche). The Committee also refers to its comments in relation to the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), concerning the establishment of a mechanism to control fee-charging employment agencies.

Article 10. Attachment or assignment of wages. The Committee notes once again that section 179 of the Code of Civil Procedure establishes a limit to the attachments which may be made on the wages, but does not contain a similar rule for the assignment of wages. It recalls, as it explained in its General Survey in 2003 on the protection of wages (paragraph 272), that “when workers become indebted, part of their wages may be withheld by the employer in execution of a court order to this effect, known also as an attachment, garnishment or restraint order. Alternatively, workers may choose to agree with the competent judicial or administrative authority upon a voluntary arrangement, or assignment, whereby part of the wages are paid directly to the creditor in settlement of the debts”. The Committee draws the Government’s attention to the equal importance of establishing limits for attachments and assignments so as to ensure a decent standard of living for workers and their families. It trusts that the Government will take the necessary measures in the near future to establish such limits in cases of the attachment and assignment of wages.

With regard to public officials, the Committee notes that, under the terms of section 27(d) of Supreme Decree No. 25749, remuneration may not be attached, except in cases of attachment determined by judicial decision of the competent authority and administrative penalties imposed under Supreme Decree No. 23318‑A of 3 November 1992 issuing regulations on the responsibility of the public service. It requests the Government to provide more specific information according to the procedures which the competent authority may order the attachment of wages through judicial decision or the attachment of wages may be decided by means of an administrative sanction. It also requests the Government to specify the limits within which wages may be attached in the above cases.

Article 12. Final settlement of the wages due. The Committee recalls that its previous comments concerned the absence of provisions of general scope, in the General Labour Act or Decree No. 244, establishing the obligation to pay the worker within a reasonable period of time all wages due upon the termination of the contract of employment, as such a rule has only been established for cotton and sugar cane workers (section 22 of Supreme Decree No. 20255). It notes the reference by the Government in its report to section 1 of Supreme Decree No. 23281 of 29 August 1985, under which the period for the payment of social benefits due to workers in public and private enterprises and establishments may not exceed two weeks following the last day worked. The Committee would be grateful if the Government would clarify the scope of the term “social benefits”, with an indication of whether it also covers the wages due to workers, and if it would specify whether a similar provision is applicable to public servants.

Article 14. Informing workers of wage conditions. The Committee notes that section 7 of Decree No. 244 provides that the contract of employment must indicate the amount, form and period of the payment of wages. It recalls that its previous comments related to the measures adopted to inform workers of changes in wage conditions during the course of the employment relationship. It notes in this respect that, in its last reports, the Government has provided information on the measures that it has adopted to disseminate information on wage-related rights in general and on the fixing of the national minimum wage. The Committee is, however, bound to note that this information does not reply to the question raised above. As regards the duty of keeping workers informed of the wage particulars at the time of each payment of wages, in so far as such particulars may be subject to change, the Committee notes that the Government confined itself in a previous report to referring to the Supreme Decree of 9 March 1937, under which, in the event of a decrease in wages, employees have the choice of remaining in or leaving their jobs. As the Committee has already emphasized, a provision of this type is not such as to give effect to the Convention on this point. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the provision to workers of the information prescribed by this Article of the Convention. Indeed, as it emphasized in its General Survey of 2003 on the protection of wages (paragraph 460), “under modern conditions, the need to ensure greater transparency and protection of workers’ rights has raised the principle of keeping workers adequately informed of their wage conditions to the level of one of the fundamental requirements of the Convention”.

Article 15(d). Keeping of records. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged to establish the obligation to keep records in an approved form and manner. It draws the Government’s attention to the specifications provided in Paragraph 8 of the Protection of Wages Recommendation, 1949 (No. 85), which indicates that employers should be required in appropriate cases to maintain records showing, in respect of each worker employed, the particulars specified in Paragraph 7 of the Recommendation, namely, the gross amount of wages earned, the net amount of the wages and any deduction. The Committee hopes that the Government will take the necessary measures as soon as possible to establish the obligation to maintain records of wages.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, extracts from the reports of the inspection services, information on the number of workers protected by the relevant legislation, the number and nature of any violations reported, etc.

Part VI of the report form. The Committee notes that, despite the reminder sent by the Office on this subject, the Government has not indicated whether it forwarded a copy of its last report to the representative organizations of employers and workers. The Committee requests the Government to provide all relevant information on this subject.

The Committee would also be grateful if the Government would provide copies of the following texts, which are not available to the Office: Supreme Decree No. 7182 of 23 May 1965 respecting the payment of wages in legal tender and the Act of 19 March 1941 prohibiting the attachment of wages except for purposes of family assistance.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee recalls that it has been making comments since 1983 on the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), and the present Convention regarding alleged abuses in the payment of wages to agricultural workers. It notes with regret that the Government confines itself in its report to indicating that there has been no follow-up on the matter raised in the Committee’s previous observations and that investigations have not been carried out on the subject. The Government adds that, in the context of its policy, it is seeking, among other aims, to resolve the problems encountered by all salaried workers not covered by the General Labour Act.

In this respect, the Committee notes the study entitled Enganche y Servidumbre por Deudas en Bolivia (“The trap of debt bondage in Bolivia”), prepared in 2004 and published by the Office in January 2005, which reports practices resulting in tens of thousands of indigenous agricultural workers being in a situation of debt bondage, with some of them being subject to conditions of permanent or semi-permanent forced labour. According to this study, the methods used include systems of advances on wages, stores located in camps which charge excessive rates in relation to market prices, compulsory deductions from wages for savings schemes, payments in kind and the deferred payment of wages. These practices are found, in one form or another, in the regions of Santa Cruz and Tarija (sugar cane harvest), in the north of Amazonia (chestnut picking) and in the region of Chaco (work in ranches), with this latter region experiencing the worst cases of forced labour in the Andean region. The Committee also notes that the conclusions and recommendations of this study were validated at a tripartite seminar held in La Paz in August 2004. The recommendations of the study included the ratification of the Forced Labour Convention, 1930 (No. 29), and the formulation of a national plan of action to eradicate and combat forced labour in all its forms. Noting with interest that the Government ratified Convention No. 29 on 31 May 2005, the Committee draws the Government’s attention to the fact that the practices referred to in the study raise problems relating to the application of Article 4 (payment in kind), Article 6 (freedom of the worker to dispose of his or her wages), Article 7 (works stores), Article 8 (deductions from wages) and Article 12 (regular payment of wages) of Convention No. 95. It therefore requests the Government to provide detailed information on the measures adopted for the formulation and implementation of a national plan of action to bring these practices to an end.

The Committee is addressing other points, including the scope of application of the General Labour Act and its extension to agricultural workers, in a request addressed directly to the Government.

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

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with interest the Government’s report and the adoption of Act No. 2027 of 27 October 1999 issuing the conditions of service of public officials and of Supreme Decree No. 25749 of 20 April 2000 issuing regulations under the above conditions of service. It wishes to raise the following points concerning the application of the Convention.

Article 2 of the Convention. Scope of application - Agricultural workers. The Committee notes that, according to the information provided by the Government in its report, the General Labour Act does not apply to agricultural workers. However, it notes that the fourth final provision of Act No. 1715 of 18 October 1996 on the national agrarian reform service provides that rural wage-earners will be incorporated into the scope of the General Labour Act under a "special scheme". The Committee recalls that, in an observation that it made in 2003 in relation to the Labour Inspection (Agriculture) Convention, 1969 (No. 129), it considered that the repeal of section 1 of the General Labour Act and section 1 of Decree No. 244 issuing regulations under the General Labour Act was necessary to harmonize the legislation on this matter. The Committee requests the Government to provide information on the measures adopted or envisaged for this purpose.

Article 3. Payment in legal tender. The Committee notes that, according to the information provided by the Government in its report, wages have to be paid in legal tender in accordance with Supreme Decree No. 7182 of 23 May 1965. However, it recalls that section 1 of the Act of 7 September 1901 only prohibits the use of "wage chips", "stamps" or "vouchers" for the payment of daily wages. The Committee trusts that the Government will take measures rapidly to extend this prohibition to other forms of wages.

Article 5. Direct payment of wages. The Committee recalls that section 53 of the General Labour Act provides that wages must be paid on a working day and at the workplace, but does not explicitly provide that they must be paid directly to the worker concerned. It notes that in its previous reports the Government referred to a new draft General Labour Act, which was to bring the legislation into conformity with the Convention on this point. However, the Committee notes from the Government’s last report that the adoption of this draft text no longer appears to be under consideration. In this context, the Committee requests the Government to indicate the measures that it is planning to take to give full effect to this provision.

Article 8. Deductions from wages. The Committee notes that section 42 of Decree No. 244 issuing regulations under the General Labour Act still allows deductions to be made from wages when they are envisaged not only by the law or by the competent judicial authority, but also in the contract. It recalls once again that, under the terms of Article 8 of the Convention, such deductions may only be prescribed by national laws or regulations, a collective agreement or arbitration award, and it trusts that the Government will take the necessary measures in the near future to prohibit deductions envisaged solely in the employment contract.

The Committee also notes the Government’s indication in its last report that the deductions currently made from wages are intended for the payment of contributions to pension fund administrators and contributions for benefits relating to the various contingencies, as well as those monitored by the personnel administration in cases of "delays". The Committee requests the Government to indicate which cases of delays are envisaged by this provision.

Furthermore, the Committee notes the Government’s confirmation in its last report that there is no provision establishing a limit to the amount of permissible deductions, although it indicates that in practice such deductions do not exceed 20 per cent of wages. The Committee once again requests the Government to take measures to establish a limit within which deductions from wages are authorized, with a view to securing the maintenance of the worker and his or her family.

With regard to public officials, the Committee notes that section 27(e) of Supreme Decree No. 25749 prohibits deductions from wages for political parties, even when they are made with the consent of the worker. It requests the Government to provide information on any other types of deductions that are authorized from the remuneration of this category of workers.

Article 9. Labour contractors or recruiters. The Committee notes that in its last report the Government maintains that, under the terms of section 31 of the General Labour Act, only the State may act as an intermediary between employers and workers. The Committee requests the Government to provide detailed information on the application of this provision in practice. With reference more particularly to agricultural workers, it refers to the observation that it is making on the present Convention concerning recruitment practices (enganche). The Committee also refers to its comments in relation to the Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96), concerning the establishment of a mechanism to control fee-charging employment agencies.

Article 10. Attachment or assignment of wages. The Committee notes once again that section 179 of the Code of Civil Procedure establishes a limit to the attachments which may be made on the wages, but does not contain a similar rule for the assignment of wages. It recalls, as it explained in its General Survey in 2003 on the protection of wages (paragraph 272), that "when workers become indebted, part of their wages may be withheld by the employer in execution of a court order to this effect, known also as an attachment, garnishment or restraint order. Alternatively, workers may choose to agree with the competent judicial or administrative authority upon a voluntary arrangement, or assignment, whereby part of the wages are paid directly to the creditor in settlement of the debts". The Committee draws the Government’s attention to the equal importance of establishing limits for attachments and assignments so as to ensure a decent standard of living for workers and their families. It trusts that the Government will take the necessary measures in the near future to establish such limits in cases of the attachment and assignment of wages.

With regard to public officials, the Committee notes that, under the terms of section 27(d) of Supreme Decree No. 25749, remuneration may not be attached, except in cases of attachment determined by judicial decision of the competent authority and administrative penalties imposed under Supreme Decree No. 23318-A of 3 November 1992 issuing regulations on the responsibility of the public service. It requests the Government to provide more specific information according to the procedures which the competent authority may order the attachment of wages through judicial decision or the attachment of wages may be decided by means of an administrative sanction. It also requests the Government to specify the limits within which wages may be attached in the above cases.

Article 12. Final settlement of the wages due. The Committee recalls that its previous comments concerned the absence of provisions of general scope, in the General Labour Act or Decree No. 244, establishing the obligation to pay the worker within a reasonable period of time all wages due upon the termination of the contract of employment, as such a rule has only been established for cotton and sugar cane workers (section 22 of Supreme Decree No. 20255). It notes the reference by the Government in its report to section 1 of Supreme Decree No. 23281 of 29 August 1985, under which the period for the payment of social benefits due to workers in public and private enterprises and establishments may not exceed two weeks following the last day worked. The Committee would be grateful if the Government would clarify the scope of the term "social benefits", with an indication of whether it also covers the wages due to workers, and if it would specify whether a similar provision is applicable to public servants.

Article 14. Informing workers of wage conditions. The Committee notes that section 7 of Decree No. 244 provides that the contract of employment must indicate the amount, form and period of the payment of wages. It recalls that its previous comments related to the measures adopted to inform workers of changes in wage conditions during the course of the employment relationship. It notes in this respect that, in its last reports, the Government has provided information on the measures that it has adopted to disseminate information on wage-related rights in general and on the fixing of the national minimum wage. The Committee is, however, bound to note that this information does not reply to the question raised above. As regards the duty of keeping workers informed of the wage particulars at the time of each payment of wages, in so far as such particulars may be subject to change, the Committee notes that the Government confined itself in a previous report to referring to the Supreme Decree of 9 March 1937, under which, in the event of a decrease in wages, employees have the choice of remaining in or leaving their jobs. As the Committee has already emphasized, a provision of this type is not such as to give effect to the Convention on this point. The Committee once again requests the Government to provide information on the measures adopted or envisaged to ensure the provision to workers of the information prescribed by this Article of the Convention. Indeed, as it emphasized in its General Survey of 2003 on the protection of wages (paragraph 460), "under modern conditions, the need to ensure greater transparency and protection of workers’ rights has raised the principle of keeping workers adequately informed of their wage conditions to the level of one of the fundamental requirements of the Convention".

Article 15(d). Keeping of records. In its previous comments, the Committee requested the Government to provide information on the measures taken or envisaged to establish the obligation to keep records in an approved form and manner. It draws the Government’s attention to the specifications provided in Paragraph 8 of the Protection of Wages Recommendation, 1949 (No. 85), which indicates that employers should be required in appropriate cases to maintain records showing, in respect of each worker employed, the particulars specified in Paragraph 7 of the Recommendation, namely, the gross amount of wages earned, the net amount of the wages and any deduction. The Committee hopes that the Government will take the necessary measures as soon as possible to establish the obligation to maintain records of wages.

Part V of the report form. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for instance, extracts from the reports of the inspection services, information on the number of workers protected by the relevant legislation, the number and nature of any violations reported, etc.

Part VI of the report form. The Committee notes that, despite the reminder sent by the Office on this subject, the Government has not indicated whether it forwarded a copy of its last report to the representative organizations of employers and workers. The Committee requests the Government to provide all relevant information on this subject.

The Committee would also be grateful if the Government would provide copies of the following texts, which are not available to the Office: Supreme Decree No. 7182 of 23 May 1965 respecting the payment of wages in legal tender and the Act of 19 March 1941 prohibiting the attachment of wages except for purposes of family assistance.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee recalls that it has been making comments since 1983 on the Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117), and the present Convention regarding alleged abuses in the payment of wages to agricultural workers. It notes with regret that the Government confines itself in its report to indicating that there has been no follow-up on the matter raised in the Committee’s previous observations and that investigations have not been carried out on the subject. The Government adds that, in the context of its policy, it is seeking, among other aims, to resolve the problems encountered by all salaried workers not covered by the General Labour Act.

In this respect, the Committee notes the study entitled Enganche y Servidumbre por Deudas en Bolivia (“The trap of debt bondage in Bolivia”), prepared in 2004 and published by the Office in January 2005, which reports practices resulting in tens of thousands of indigenous agricultural workers being in a situation of debt bondage, with some of them being subject to conditions of permanent or semi-permanent forced labour. According to this study, the methods used include systems of advances on wages, stores located in camps which charge excessive rates in relation to market prices, compulsory deductions from wages for savings schemes, payments in kind and the deferred payment of wages. These practices are found, in one form or another, in the regions of Santa Cruz and Tarija (sugar cane harvest), in the north of Amazonia (chestnut picking) and in the region of Chaco (work in ranches), with this latter region experiencing the worst cases of forced labour in the Andean region. The Committee also notes that the conclusions and recommendations of this study were validated at a tripartite seminar held in La Paz in August 2004. The recommendations of the study included the ratification of the Forced Labour Convention, 1930 (No. 29), and the formulation of a national plan of action to eradicate and combat forced labour in all its forms. Noting with interest that the Government ratified Convention No. 29 on 31 May 2005, the Committee draws the Government’s attention to the fact that the practices referred to in the study raise problems relating to the application of Article 4 (payment in kind), Article 6 (freedom of the worker to dispose of his or her wages), Article 7 (works stores), Article 8 (deductions from wages) and Article 12 (regular payment of wages) of Convention No. 95. It therefore requests the Government to provide detailed information on the measures adopted for the formulation and implementation of a national plan of action to bring these practices to an end.

The Committee is addressing other points, including the scope of application of the General Labour Act and its extension to agricultural workers, in a request addressed directly to the Government.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s report and the text of Supreme Decree No. 3642 of 11 February 1954 (relating to Article 11 of the Convention).

Article 2. Further to its previous request, the Committee notes the Government’s indication that the proposal of the new General Labour Act has not yet received responses from the organizations concerned. It hopes that progress will soon be made in this regard so as to extend the coverage of the general Labour Act to all agricultural workers and also to establish the standards for the workers in the public sector and the civil servants. Please continue to provide information in this respect.

Article 3(1). The Committee notes the Government’s explanation regarding the term "el bono" in section 58 of Supreme Decree No. 21060 of 29 August 1985.

The Committee, however, recalls that under section 1 of the Act of 7 September 1901, it is prohibited to issue chips (fichas), stamps (siñales) or vouchers (vales) for the advance or payment of day wages (jornales). It has pointed out that the definition of wages in the Convention covers any remuneration or earnings however designated or calculated (Article 1). The Committee once again requests the Government to indicate measures taken to provide for similar prohibition regarding other types of wages than day wages.

Article 5. The Committee noted in its previous request the Government’s reference to the abovementioned draft of the new General Labour Act which would bring the legislation into conformity with this provision of the Convention. It again requests the Government to provide information in this regard.

Articles 6 and 8. The Committee notes the Government’s explanation regarding sections 26 and 27 of Supreme Decree No. 20255 of 24 May 1984, which is applicable to the temporary agricultural workers in sugar cane and cotton harvest.

The Committee recalls that section 42 of Supreme Decree No. 244 (Regulations under the General Labour Act) does not prescribe the extent to which the employer may make deductions from wages when such deductions are provided for in the contract. It notes that the Government’s report does not reply on this point and requests the Government to indicate measures taken or envisaged to fix a limit on deductions that may be made under this provision, in conformity with Article 8, paragraph 1.

Article 9. The Committee notes the Government’s description of the functioning, free of charge, of the Public Employment Service. It asks the Government to indicate whether the engagement of workers by private employment agencies or other intermediaries is prohibited, and if so, to specify the relevant legislative provisions and to send copies of them.

Article 10. In the absence of the reply to its previous comment on this point, the Committee again requests the Government to supply detailed information on the methods that are adopted by the judicial authorities to protect wages from assignment, including copies of any relevant legal or other texts.

Article 12(2). The Committee recalls that the General Labour Act and Supreme Decree No. 244 require the regular payment of wages, but no provision is made concerning the final settlement of wages. The Committee therefore hopes that the Government will soon take the measures to ensure the final settlement of wages due in accordance with the provisions of the Convention, for all workers who are not covered by Supreme Decree No. 20255, which gives effect to the Convention as to sugar cane and cotton workers.

Articles 14(b) and 15(d). The Committee notes the Government’s reference to Supreme Decree No. 23791 of 30 May 1994, which provides information on the wage increments and the fixing of the National Minimum Wage. It points out however, that these provisions require measures to be taken in order (i) to ensure that the workers are informed of particulars of their wages which may be subject to change (Article 14(b)), and (ii) to require the maintenance of adequate records (Article 15(d)). It again requests the Government to indicate the measures taken or envisaged for this purpose.

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

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

The Committee recalls that, in its earlier requests, it referred to the comments it made in 1983 concerning the application of Convention No. 117, regarding alleged abuses in the payment of wages to agricultural workers, in the form of pay stoppages and delay in the payment of wages as a means of inducing workers to remain in agricultural establishments, and the non-payment of wages due and advances on wages, which cause indebtedness among the workers and compel them to remain in the service of landowners until their debts are paid off. These allegations were presented in August 1977 by the Anti-Slavery Society for the Protection of Human Rights to the Working Group on Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities.

The Committee notes with regret that the Government has not supplied information in this respect. It once again requests the Government to indicate whether it has conducted investigations into the abovementioned allegations and to provide any available information. The Committee also requests the Government to provide information in accordance with Part V of the report form on the application in practice of the Convention in agriculture.

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

The Committee is also addressing a direct request to the Government concerning certain points.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

The Committee notes the Government’s report and the text of Supreme Decree No. 3642 of 11 February 1954 (relating to Article 11 of the Convention).

Article 2.  Further to its previous request, the Committee notes the Government’s indication that the proposal of the new General Labour Act has not yet received responses from the organizations concerned. It hopes that progress will soon be made in this regard so as to extend the coverage of the general Labour Act to all agricultural workers and also to establish the standards for the workers in the public sector and the civil servants. Please continue to provide information in this respect.

Article 3(1).  The Committee notes the Government’s explanation regarding the term "el bono" in section 58 of Supreme Decree No. 21060 of 29 August 1985.

The Committee, however, recalls that under section 1 of the Act of 7 September 1901, it is prohibited to issue chips (fichas), stamps (siñales) or vouchers (vales) for the advance or payment of day wages (jornales). It has pointed out that the definition of wages in the Convention covers any remuneration or earnings however designated or calculated (Article 1). The Committee once again requests the Government to indicate measures taken to provide for similar prohibition regarding other types of wages than day wages.

Article 5.  The Committee noted in its previous request the Government’s reference to the above-mentioned draft of the new General Labour Act which would bring the legislation into conformity with this provision of the Convention. It again requests the Government to provide information in this regard.

Articles 6 and 8.  The Committee notes the Government’s explanation regarding sections 26 and 27 of the Supreme Decree No. 20255 of 24 May 1984, which is applicable to the temporary agricultural workers in sugar cane and cotton harvest.

The Committee recalls that section 42 of Supreme Decree No. 244 (Regulations under the General Labour Act) does not prescribe the extent to which the employer may make deductions from wages when such deductions are provided for in the contract. It notes that the Government’s report does not reply on this point and requests the Government to indicate measures taken or envisaged to fix a limit on deductions that may be made under this provision, in conformity with Article 8, paragraph 1.

Article 9.  The Committee notes the Government’s description of the functioning, free of charge, of the Public Employment Service. It asks the Government to indicate whether the engagement of workers by private employment agencies or other intermediaries is prohibited, and if so, to specify the relevant legislative provisions and to send copies of them.

Article 10.  In the absence of the reply to its previous comment on this point, the Committee again requests the Government to supply detailed information on the methods that are adopted by the judicial authorities to protect wages from assignment, including copies of any relevant legal or other texts.

Article 12(2).  The Committee recalls that the General Labour Act and Supreme Decree No. 244 require the regular payment of wages, but no provision is made concerning the final settlement of wages. The Committee therefore hopes that the Government will soon take the measures to ensure the final settlement of wages due in accordance with the provisions of the Convention, for all workers who are not covered by Supreme Decree No. 20255, which gives effect to the Convention as to sugar cane and cotton workers.

Articles 14(b) and 15(d).  The Committee notes the Government’s reference to Supreme Decree No. 23791 of 30 May 1994, which provides information on the wage increments and the fixing of the National Minimum Wage. It points out however, that these provisions require measures to be taken in order (i) to ensure that the workers are informed of particulars of their wages which may be subject to change (Article 14(b)), and (ii) to require the maintenance of adequate records (Article 15(d)). It again requests the Government to indicate the measures taken or envisaged for this purpose.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

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

The Committee recalls that, in its earlier requests, it referred to the comments it made in 1983 concerning the application of Convention No. 117, regarding alleged abuses in the payment of wages to agricultural workers, in the form of pay stoppages and delay in the payment of wages as a means of inducing workers to remain in agricultural establishments, and the non-payment of wages due and advances on wages, which cause indebtedness among the workers and compel them to remain in the service of landowners until their debts are paid off. These allegations were presented in August 1977 by the Anti-Slavery Society for the Protection of Human Rights to the Working Group on Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities.

The Committee notes with regret that the Government has not supplied information in this respect. It once again requests the Government to indicate whether it has conducted investigations into the abovementioned allegations and to provide any available information. The Committee also requests the Government to provide information in accordance with Part V of the report form on the application in practice of the Convention in agriculture.

The Committee is also addressing a direct request to the Government concerning certain points.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report and the text of Supreme Decree No. 3642 of 11 February 1954 (relating to Article 11 of the Convention).

Article 2. Further to its previous request, the Committee notes the Government's indication that the proposal of the new General Labour Act has not yet received responses from the organizations concerned. It hopes that progress will soon be made in this regard so as to extend the coverage of the general Labour Act to all agricultural workers and also to establish the standards for the workers in the public sector and the civil servants. Please continue to provide information in this respect.

Article 3(1). The Committee notes the Government's explanation regarding the term "el bono" in section 58 of Supreme Decree No. 21060 of 29 August 1985. The Committee, however, recalls that under section 1 of the Act of 7 September 1901, it is prohibited to issue chips (fichas), stamps (siñales) or vouchers (vales) for the advance or payment of day wages (jornales). It has pointed out that the definition of wages in the Convention covers any remuneration or earnings however designated or calculated (Article 1). The Committee once again requests the Government to indicate measures taken to provide for similar prohibition regarding other types of wages than day wages.

Article 5. The Committee noted in its previous request the Government's reference to the above-mentioned draft of the new General Labour Act which would bring the legislation into conformity with this provision of the Convention. It again requests the Government to provide information in this regard.

Articles 6 and 8. The Committee notes the Government's explanation regarding sections 26 and 27 of the Supreme Decree No. 20255 of 24 May 1984, which is applicable to the temporary agricultural workers in sugar cane and cotton harvest.

The Committee recalls that section 42 of Supreme Decree No. 244 (Regulations under the General Labour Act) does not prescribe the extent to which the employer may make deductions from wages when such deductions are provided for in the contract. It notes that the Government's report does not reply on this point and requests the Government to indicate measures taken or envisaged to fix a limit on deductions that may be made under this provision, in conformity with Article 8, paragraph 1.

Article 9. The Committee notes the Government's description of the functioning, free of charge, of the Public Employment Service. It asks the Government to indicate whether the engagement of workers by private employment agencies or other intermediaries is prohibited, and if so, to specify the relevant legislative provisions and to send copies of them.

Article 10. In the absence of the reply to its previous comment on this point, the Committee again requests the Government to supply detailed information on the methods that are adopted by the judicial authorities to protect wages from assignment, including copies of any relevant legal or other texts.

Article 12, paragraph 2. The Committee recalls that the General Labour Act and Supreme Decree No. 244 require the regular payment of wages, but no provision is made concerning the final settlement of wages. The Committee therefore hopes that the Government will soon take the measures to ensure the final settlement of wages due in accordance with the provisions of the Convention, for all workers who are not covered by Supreme Decree No. 20255, which gives effect to the Convention as to sugar cane and cotton workers.

Articles 14(b) and 15(d). The Committee notes the Government's reference to Supreme Decree No. 23791 of 30 May 1994, which provides information on the wage increments and the fixing of the National Minimum Wage. It points out however, that these provisions require measures to be taken in order (i) to ensure that the workers are informed of particulars of their wages which may be subject to change (Article 14(b)), and (ii) to require the maintenance of adequate records (Article 15(d)). It again requests the Government to indicate the measures taken or envisaged for this purpose.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee recalls that in its earlier requests, it referred to the comments it made in 1983 concerning the application of Convention No. 117, regarding alleged abuses in the payment of wages to agricultural workers, in the form of pay stoppages and delay in the payment of wages as a means of inducing workers to remain in agricultural establishments, and the non-payment of wages due and advances on wages, which cause indebtedness among the workers and compel them to remain in the service of landowners until their debts are paid off. These allegations were presented in August 1977 by the Anti-slavery Society for the Protection of Human Rights to the Working Group on Slavery of the United Nations Subcommission on Prevention of Discrimination and Protection of Minorities.

The Committee notes with regret that the Government has not supplied information in this respect. It once again requests the Government to indicate whether it has conducted investigations into the above-mentioned allegations and to provide any available information. The Committee also requests the Government to provide information in accordance with point V of the report form on the application in practice of the Convention in the agriculture.

The Committee is also addressing a direct request to the Government concerning certain points.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 2 of the Convention. Further to its previous request, the Committee notes the Government's indication that the extension of the coverage of the General Labour Act to all agricultural workers will be done by the new General Labour Act, a draft of which is in the process of consultation with the employers' and workers' organisations before submission to the National Congress, and that the standards for the workers in the public sector and the civil servants are also included in the same instrument. Please indicate the progress made towards the adoption of the said draft.

Article 3, paragraph 1. The Committee notes the copy attached to the Government's report of the Act of 7 September 1901. It notes that under this Act (section 1), it is prohibited to issue chips (fichas), stamps (siñales) or vouchers (vales) for the advance or payment of day wages (jornales). It points out that the definition of wages in the Convention covers any remuneration or earnings, however designated or calculated (Article 1) and requests the Government to indicate measures taken to provide for similar prohibition regarding other types of wages than day wages.

Regarding section 58 of Supreme Decree No. 21060 of 29 August 1985, the Government states that its interpretation is that the wage or salary of each worker is constituted by the basic income and "el bono" of seniority and, in a few cases, of production when the public or private employer is capable of granting the latter. The Committee notes this statement and requests the Government to clarify whether the term "el bono" under this section of the Supreme Decree means a form of promissory notes, vouchers or coupons, or it in fact means the bonus ("la bonificación") which is paid in cash.

Article 5. The Committee notes the Government's reference to the above-mentioned draft of the new General Labour Act which will bring the legislation into conformity with this provision of the Convention, and requests the Government to keep it informed.

Articles 6 and 8. The Committee notes that section 26 of Supreme Decree No. 20255 prohibits any retention or deduction of wages except for those prescribed by the law, and that section 27 prescribes the 2 per cent deduction of the wages which goes to workers' organisations of sugar cane and cotton harvesters. The Government states that the application to the workers in other agricultural sectors will be effected by means urged by the workers' organisations of the relevant sector. The Committee asks the Government to clarify whether this statement means that deductions from wages of agricultural workers other than in sugar cane and cotton harvest are permitted only under conditions and to the extent prescribed by collective agreements and if so, to provide examples of such collective agreements.

The Committee recalls that section 42 of Supreme Decree No. 244 (Regulations under the General Labour Act) does not prescribe the extent to which the employer may make deductions from wages when such deductions are provided for in the contract. It notes that the Government's report does not reply on this point and requests the Government to indicate measures taken or envisaged to fix a limit on deductions that may be made under this provision, in conformity with Article 8, paragraph 1.

Article 9. The Committee notes that Supreme Decree No. 20255 prohibits the engagement of workers by "hookers", private employment agencies or other intermediaries (section 14) and provides for the organisation and functionning of public employment agencies (Chapter V). Recalling that this Supreme Decree only covers the temporary agricultural workers in sugar cane and cotton harvest, the Committee again requests the Government to indicate the measures taken or envisaged to prohibit wage deductions for the purpose of retaining or obtaining employment with regard to workers in general.

Article 10. The Committee notes the Government's indication that wages are protected from assignment in the methods that are adopted by the judicial authorities, and requests the Government to supply more detailed information concerning such methods, including copies of any relevant legal or other texts.

Article 11. Noting the Government's explanation of Supreme Decree No. 03642 of 11 February 195g, the Committee asks the Government to supply its copy.

Article 12, paragraph 2. The Committee has already noted the provisions of Supreme Decree No. 20255 concerning the final settlement of wages which give effect to this Article of the Convention as to sugar cane and cotton workers.

As regards the General Labour Act and Supreme Decree No. 244, the Government refers to section 53 of the Act which requires the regular payment of wages, etc. but not the final settlement of wages. The Committee therefore hopes that the Government will soon take the measures to ensure the final settlement of wages due in accordance with the provisions of the Convention, for all workers who are not covered by Supreme Decree No. 20255.

Articles 14(b) and 15(d). The Committee notes the Government's explanation of its effort to disseminate information regarding wage rights in general. Noting however that the Government's report does not reply to these points, the Committee again requests the Government to indicate the measures taken or envisaged to ensure that the workers are informed of particulars of their wages which may be subject to change (Article 14(b)), and the measures for the maintenance of adequate records (Article 15(d)).

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee recalls that in its previous requests, it referred to the comments it made in 1983 concerning the application of Convention No. 117, regarding alleged abuses in the payment of wages to agricultural workers, in such forms as the pay stoppages and delay in the payment of wages as a means of inducing workers to remain in agricultural establishments, and the non-payment of wages due and advances on wages, which cause indebtedness among the workers and compel them to remain in the service of landowners until their debts are written off. These allegations were presented in August 1977 by the Anti-slavery Society for the Protection of Human Rights to the Working Group on Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities. The Committee notes with regret that the Government has not supplied information in this respect and again requests the Government to indicate whether it has conducted investigations into the above-mentioned allegations and to provide any available information.

The Committee is also addressing a direct request to the Government concerning certain points.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the report, and notes with interest the Government's statements regarding Articles 1 and 4 of the Convention. The Committee requests the Government to provide in its next report information on the following points:

Article 2. The Committee notes the information supplied by the Government and would be grateful if it would state whether similar provisions to those adopted in respect of agricultural workers in cotton and sugar-cane, are to be enacted in order to extend the provisions of the General Labour Act to all agricultural workers. In this connection, the Committee recalls (as indicated in the comments it is making this year under Convention No. 107) that the Government stated that a draft Decree had been prepared enabling the provisions of the General Labour Act to be extended to both permanent and temporary agricultural workers. Please indicate the progress of the adoption of the above draft and on the measures taken in this respect. Furthermore, the Committee recalls that public employees and the civilian employees of the armed forces are covered by different schemes from that established in the General Labour Act. The Committee would be grateful if the Government would provide a copy of the legislation in force which establishes, inter alia, the principles for the protection of the wages of these workers.

Article 3, paragraph 1. The Committee notes the Government's explanations and would be grateful if it would enclose with its next report a copy of the Act of 7 of September 1901, which expressly prohibits the payment of wages in the form of vouchers. Furthermore, the Committee notes that section 48 of Supreme Decree No. 21060, of 29 August 1985, establishes that "the basic wage includes remunerations in the form of all existing vouchers, in both the public and private sectors, whether such vouchers are provided for in collective agreements, arbitration awards or legislation, with the exception of seniority and production vouchers where the latter exist, and of area, border or regional vouchers". The above section would appear to provide for the payment or, in certain cases, at least the partial payment of wages in the form of vouchers which, according to the above text, are included in the basic wage except in the cases set forth in the text. The Committee would be grateful if the Government would provide information to clarify the situation and state the measures which it has adopted or is contemplating to give effect to the explicit prohibition laid down in this provision of the Convention.

Article 5. The Committee takes note of the Government's comments on the application of this provision of the Convention. The Committee trusts that the Government will consider adopting legislation or regulations in the near future to bring the legislation into conformity with the practice, thereby giving full effect to this provision of the Convention.

Article 6. The Committee takes note of the Government's explanations concerning the deduction of 20 per cent of the monthly wages of agricultural workers in cotton and sugar-cane, and of the provision set forth in section 26 of Supreme Decree No. 20255. The Committee once again requests the Government to indicate the measures adopted or contemplated to guarantee that this provision is applied to all agricultural workers.

Article 8. With reference to its earlier comments, the Committee takes note of the explanations supplied by the Government, but points out that they do not reply to the points raised by the Committee. In this respect, the Committee recalls that it pointed out that section 42 of Supreme Decree No. 244 does not establish a general limit for the deductions the employer is authorised to make, when such deductions are provided for in the contract. With reference to section 26 of Supreme Decree No. 20255, previously referred to by the Government, the Committee points out that the only deductions permitted are those provided for by the law. The Committee therefore requests the Government to supply information on the scope of section 26 of Supreme Decree No. 20255 and to indicate the measures which have been taken or are contemplated to fix a limit on deductions that may be made, in conformity with paragraph 1 of this Article.

Article 9. The Committee notes the information supplied by the Government concerning the employment offices and units which it has set up in La Paz and other cities. With reference to its earlier comments, the Committee recalls that the national legislation contains no general provision (except in respect of domestic workers) prohibiting wage deductions for the purpose of retaining or obtaining employment. The Committee again requests the Government to indicate the measures it has adopted or intends to adopt to ensure that this provision covers workers in general. With reference to the intentions expressed by the Government in its 1987 report concerning the application of Convention No. 96, the Committee would be grateful if the Government would provide information on the measures adopted to ensure that workers do not have to make any payment whatsoever to private employment agencies in order to obtain work.

Article 10. The Committee takes note of the explanations supplied by the Government and recalls in this respect that the provisions referred to by the Government (particularly section 179 of the Civil Procedure Code) provide only that wages shall not be attached. The Committee points out that this Article of the Convention provides for the protection of workers' wages not only against attachment but also against assignment. The Committee would therefore be grateful if the Government would supply information on the measures taken or contemplated to protect workers' wages in respect of assignment, in accordance with this provision of the Convention.

Article 11. The Committee notes from the Government's report that workers are treated as privileged creditors and take precedence over all other creditors of the employer. The Committee would be grateful if the Government would indicate the legal text or texts containing this principle of precedence for workers, and any other text which gives effect to this Article of the Convention.

Article 12. With reference to its earlier comments, the Committee recalls that in accordance with Supreme Decree No. 20255, the final wages due to sugar-cane and cotton workers must be paid within seven days of the end of the contract. The Committee recalls that neither the General Labour Act nor Supreme Decree No. 244 establishes time-limits for such payments in respect of workers in general. The Committee therefore repeats its request to the Government to indicate the measures adopted or contemplated to ensure that the final settlement of wages due is effected in accordance with the provisions of paragraph 2 of this Article of the Convention, for all workers covered by the provisions of the General Labour Act and its regulations.

The Committee wishes to recall the comments it made in 1983 concerning the application of Convention No. 117, regarding alleged abuses in the payment of wages to agricultural workers. These allegations were made by the Anti-Slavery Society for the Protection of Human Rights, and were discussed in the Working Group on Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities. In this connection, the Committee requested the Government to indicate whether it had conducted investigations after being informed of the content of the Anti-Slavery Society's report into the pay stoppages and delay in the payment of wages as a means of inducing workers to remain in agricultural establishments, and into the non-payment of wages due and advances on wages, which cause indebtedness among the workers and compel them to remain in the service of landowners until their debts are written off. The Committee hopes that the Government will provide all available information in this respect in its next report.

Article 14. The Committee recalls that in earlier comments it pointed out that the national legislation does not give full effect to the requirements of this provision of the Convention, which provides that workers must be informed when any changes take place in the particulars of their wages. The Committee requests the Government to indicate the measures taken or contemplated to ensure that the workers are informed of any changes in their wages.

Article 15. The Committee again requests the Government to indicate the measures adopted or contemplated for the maintenance of adequate records, in accordance with subparagraph (d) of this Article.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes the information contained in the report, and notes with interest the Government's statements regarding Articles 1 and 4 of the Convention. The Committee requests the Government to provide in its next report information on the following points:

Article 2. The Committee notes the information supplied by the Government and would be grateful if it would state whether similar provisions to those adopted in respect of agricultural workers in cotton and sugar-cane, are to be enacted in order to extend the provisions of the General Labour Act to all agricultural workers. In this connection, the Committee recalls (as indicated in the comments it is making this year under Convention No. 107) that the Government stated that a draft Decree had been prepared enabling the provisions of the General Labour Act to be extended to both permanent and temporary agricultural workers. Please indicate the progress of the adoption of the above draft and on the measures taken in this respect. Furthermore, the Committee recalls that public employees and the civilian employees of the armed forces are covered by different schemes from that established in the General Labour Act. The Committee would be grateful if the Government would provide a copy of the legislation in force which establishes, inter alia, the principles for the protection of the wages of these workers.

Article 3, paragraph 1. The Committee notes the Government's explanations and would be grateful if it would enclose with its next report a copy of the Act of 7 of September 1901, which expressly prohibits the payment of wages in the form of vouchers. Furthermore, the Committee notes that section 48 of Supreme Decree No. 21060, of 29 August 1985, establishes that "the basic wage includes remunerations in the form of all existing vouchers, in both the public and private sectors, whether such vouchers are provided for in collective agreements, arbitration awards or legislation, with the exception of seniority and production vouchers where the latter exist, and of area, border or regional vouchers". The above section would appear to provide for the payment or, in certain cases, at least the partial payment of wages in the form of vouchers which, according to the above text, are included in the basic wage except in the cases set forth in the text. The Committee would be grateful if the Government would provide information to clarify the situation and state the measures which it has adopted or is contemplating to give effect to the explicit prohibition laid down in this provision of the Convention.

Article 5. The Committee takes note of the Government's comments on the application of this provision of the Convention. The Committee trusts that the Government will consider adopting legislation or regulations in the near future to bring the legislation into conformity with the practice, thereby giving full effect to this provision of the Convention.

Article 6. The Committee takes note of the Government's explanations concerning the deduction of 20 per cent of the monthly wages of agricultural workers in cotton and sugar-cane, and of the provision set forth in section 26 of Supreme Decree No. 20255. The Committee once again requests the Government to indicate the measures adopted or contemplated to guarantee that this provision is applied to all agricultural workers.

Article 8. With reference to its earlier comments, the Committee takes note of the explanations supplied by the Government, but points out that they do not reply to the points raised by the Committee. In this respect, the Committee recalls that it pointed out that section 42 of Supreme Decree No. 244 does not establish a general limit for the deductions the employer is authorised to make, when such deductions are provided for in the contract. With reference to section 26 of Supreme Decree No. 20255, previously referred to by the Government, the Committee points out that the only deductions permitted are those provided for by the law. The Committee therefore requests the Government to supply information on the scope of section 26 of Supreme Decree No. 20255 and to indicate the measures which have been taken or are contemplated to fix a limit on deductions that may be made, in conformity with paragraph 1 of this Article.

Article 9. The Committee notes the information supplied by the Government concerning the employment offices and units which it has set up in La Paz and other cities. With reference to its earlier comments, the Committee recalls that the national legislation contains no general provision (except in respect of domestic workers) prohibiting wage deductions for the purpose of retaining or obtaining employment. The Committee again requests the Government to indicate the measures it has adopted or intends to adopt to ensure that this provision covers workers in general. With reference to the intentions expressed by the Government in its 1987 report concerning the application of Convention No. 96, the Committee would be grateful if the Government would provide information on the measures adopted to ensure that workers do not have to make any payment whatsoever to private employment agencies in order to obtain work.

Article 10. The Committee takes note of the explanations supplied by the Government and recalls in this respect that the provisions referred to by the Government (particularly section 179 of the Civil Procedure Code) provide only that wages shall not be attached. The Committee points out that this Article of the Convention provides for the protection of workers' wages not only against attachment but also against assignment. The Committee would therefore be grateful if the Government would supply information on the measures taken or contemplated to protect workers' wages in respect of assignment, in accordance with this provision of the Convention.

Article 11. The Committee notes from the Government's report that workers are treated as privileged creditors and take precedence over all other creditors of the employer. The Committee would be grateful if the Government would indicate the legal text or texts containing this principle of precedence for workers, and any other text which gives effect to this Article of the Convention.

Article 12. With reference to its earlier comments, the Committee recalls that in accordance with Supreme Decree No. 20255, the final wages due to sugar-cane and cotton workers must be paid within seven days of the end of the contract. The Committee recalls that neither the General Labour Act nor Supreme Decree No. 244 establishes time-limits for such payments in respect of workers in general. The Committee therefore repeats its request to the Government to indicate the measures adopted or contemplated to ensure that the final settlement of wages due is effected in accordance with the provisions of paragraph 2 of this Article of the Convention, for all workers covered by the provisions of the General Labour Act and its regulations.

The Committee wishes to recall the comments it made in 1983 concerning the application of Convention No. 117, regarding alleged abuses in the payment of wages to agricultural workers. These allegations were made by the Anti-Slavery Society for the Protection of Human Rights, and were discussed in the Working Group on Slavery of the United Nations Sub-Commission on Prevention of Discrimination and Protection of Minorities. In this connection, the Committee requested the Government to indicate whether it had conducted investigations after being informed of the content of the Anti-Slavery Society's report into the pay stoppages and delay in the payment of wages as a means of inducing workers to remain in agricultural establishments, and into the non-payment of wages due and advances on wages, which cause indebtedness among the workers and compel them to remain in the service of landowners until their debts are written off. The Committee hopes that the Government will provide all available information in this respect in its next report.

Article 14. The Committee recalls that in earlier comments it pointed out that the national legislation does not give full effect to the requirements of this provision of the Convention, which provides that workers must be informed when any changes take place in the particulars of their wages. The Committee requests the Government to indicate the measures taken or contemplated to ensure that the workers are informed of any changes in their wages.

Article 15. The Committee again requests the Government to indicate the measures adopted or contemplated for the maintenance of adequate records, in accordance with subparagraph (d) of this Article.