Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Bolivia (Estado Plurinacional de)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) (Ratificación : 1973)
Convenio sobre la inspección del trabajo (agricultura), 1969 (núm. 129) (Ratificación : 1977)

Previous comment

In order to provide a comprehensive view of the issues relating to the application of ratified labour inspection Conventions, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 129 (labour inspection in agriculture) in the same comment.

Article 1 of Convention No. 81 and Article 3 of Convention No. 129. System of labour inspection. With regard to its previous comment on the adoption of a new General Labour Act, the Committee notes the Government’s indication that: (i) the draft bill is still at the stage of being evaluated by the interested sectors; (ii) the Act on the special procedure for the restitution of labour rights, which enables the State to provide better protection for workers’ rights, came into force on 2 November 2022; and (iii) the drafts of the new Labour Inspection Regulations and the related Ministerial Decision are at the approval stage with a view to subsequent dissemination and implementation. The Committee requests the Government to continue providing information on any developments related to the adoption of the new General Labour Act and the new Labour Inspection Regulations.

Article 3(1) and (2) of Convention No. 81 and Article 6(1) and (3) of Convention No. 129. Primary duties and other duties. With reference to its previous comment, the Committee notes the Government’s indication that the duties of labour inspectors relating to complaint handling, verifications and hearings, inter alia, are not in contradiction with their duties relating to worker protection. The Committee requests the Government to provide information on the proportion of time and resources which labour inspectors dedicate to the primary duties that they perform under Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129, in comparison with other duties that may be assigned to them under Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Article 5 of Convention No. 81 and Articles 12(1) and 13 of Convention No. 129. Cooperation and collaboration. With reference to its previous comment, the Committee notes the Government’s indication that: (i) in order to ensure comprehensive inspections, cooperation takes place among various government institutions, such as the Ombuds Office, the National Institute for Agrarian Reform (INRA) and the Plurinational Council against Trafficking in Persons; and (ii) the workers and a member of the joint committee must be present at the time of an inspection and all inspections are conducted in coordination with the workers’ organizations. The Committee notes this information, which responds to its previous request.

Article 9 of Convention No. 81 and Article 11 of Convention No. 129. Collaboration of technical experts and specialists. With reference to its previous comment, the Committee notes the Government’s indication that labour inspectors are trained to carry out technical and labour inspections and receive ongoing training through workshops and meetings at the national level. The Government gives various examples of the training which was given to inspectors in 2021, including in the area of occupational safety and health. The Committee requests the Government to indicate the manner in which the new Labour Inspection Regulations will ensure the collaboration of duly qualified technical experts and specialists for the purpose of securing the enforcement of the legal provisions relating to the protection of the health and safety of workers while engaged in their work and of investigating the effects of processes, materials and methods of work on the health and safety of workers, in accordance with Article 9 of Convention No. 81 and Article 11 of Convention No. 129.

Article 10 of Convention No. 81 and Article 14 of Convention No. 129. Number of inspectors. With reference to its previous comment, the Committee notes the Government’s indication that in 2021–22 there was a total of 99 inspectors spread over nine departmental labour offices and 16 regional labour offices, in addition to the Fundamental Rights Unit. The Government explains that during 2021 five inspectors were incorporated into the services of the integrated inspectorates (child labour, forced labour, trafficking in persons). However, the Committee observes that in May 2016 the inspection services had 107 inspectors. The Committee requests the Government to provide information on the reason for the decrease in the number of inspectors and whether it is planned to increase their number.

Article 11(1)(a) of Convention No. 81 and Article 15(1)(a) of Convention No. 129. Material resources. With reference to its previous comment, the Committee notes the Government’s indication that labour inspectors have been provided with electronic equipment using an application which enables online completion of inspection forms and streamlining of formalities. While noting this information, the Committee once again requests the Government to indicate whether inspectors have duly equipped offices.

Article 18 of Convention No. 81 and Article 24 of Convention No. 129. Adequate penalties. With reference to its previous comment, the Committee notes the Government’s indication that the Labour Inspection Regulations in force specify seven cases of obstruction of labour inspection and that obstruction is penalized in terms of the number of infringements. The Government adds that cases of obstruction and violations of labour rights are referred to the labour and social security judge in the competent court. The Committee once again requests the Government to provide information on the number of complaints for obstruction of labour inspection, as well as the penalties effectively applied in these cases and for violations of the legal provisions enforceable by labour inspectors, in accordance with Article 18 of Convention No. 81 and Article 24 of Convention No. 129.

Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129. Periodic reports, publication and communication of an annual report on the activities of the labour inspectorate. With reference to its previous comment, the Committee notes the Government’s indication that the Ministry of Labour, Employment and Social Security publishes each year the initial accounts hearing, which presents the programmes and tasks planned by the ministry for the respective year, and the final accounts hearing, which presents the results achieved at the end of the year. The Committee notes that the final accounts hearings for 2021 and 2022 do not provide any information on the subjects specified in Article 21(a)–(g) of Convention No. 81 and Article 27 of Convention No. 129. With reference to its general observation of 2010 on Convention No. 81, the Committee recalls that when well prepared, the annual report offers an indispensable basis for the evaluation of the results in practice of the activities of the labour inspection services and, subsequently, the determination of the means necessary to improve their effectiveness. The Committee once again requests the Government to take all necessary steps to ensure that information on the subjects specified in Article 21(a)–(g) of Convention No. 81 and Article 27 of Convention No. 129 is published in an annual report on the work of the labour inspection services and that this report is transmitted to the ILO each year, in accordance with Article 20 of Convention No. 81 and Article 26 of Convention No. 129.

Issues specifically concerning labour inspection in agriculture

Article 17 of Convention No. 129. Preventive control. With reference to its previous comment, the Committee notes the Government’s indication that, in accordance with section 6 of Technical Safety Standard NTS-009/18 concerning the presentation and approval of occupational safety and health (OSH) programmes, an enterprise which presents an OSH programme must provide a detailed explanation of the production process (machinery, materials and/or raw materials which are used in the process). The drawing up of this document must be validated by a professional or technician accredited in the National Register of Occupational Safety, Health and Medicine Professionals and Technicians, and the approval of the OSH programme is the responsibility of the Department of Occupational Safety and Health. The Committee notes this information, which responds to its previous request.