Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee takes note of the Government’s report.

Articles 1, 2 and 3 of the Convention. In its previous comments the Committee had requested the Government to take steps to update (from 1,000 to 5,000 bolivianos) the amount of the fines established in Legislative Decree No. 38 of 7 February 1944, in order to make them sufficiently dissuasive against acts of anti-union discrimination or interference. The Committee notes the Government’s statement in its report that, in view of the current economic crisis in the country, it is not possible to increase the amount of the fines. The Committee once again stresses the need for penalties to be sufficiently dissuasive and again requests the Government to take measures in the near future to bring the amount of fines up to date.

Articles 4 and 6. The Committee had observed previously that the legislation denies public employees the right to organize and requested the Government to take steps to have the legislation amended so that public employees not engaged in the administration of the State have the right to bargain collectively through their organizations. While noting that in its report the Government maintains its position regarding the Public Service Regulations, in view of the current political and social climate in the country, but does not exclude the possibility of a revision in the near future, the Committee hopes that the Government will shortly take steps to remedy this serious breach of the Convention and requests it to provide information in its next report on any developments in this respect.

Lastly, the Committee had previously requested the Government to take measures, in accordance with Article 4 of the Convention, to encourage and promote the full development and utilization of machinery for voluntary negotiation between employers or employers’ organizations and workers’ organizations, with a view to the regulation of terms and conditions of employment (which are not limited to wage matters) by means of collective agreements. The Government states in this connection that in 1997 the new administration of ENTEL and its workers signed a first collective labour agreement, which was renewed in 2001. The Committee takes note of this information and again requests the Government to provide information on collective agreements in force, their content and the number of workers they cover.