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

Fee-Charging Employment Agencies Convention (Revised), 1949 (No. 96) - Bolivia (Plurinational State of) (Ratification: 1954)

The Committee notes that the Government’s report has not been received. It must therefore repeat its 2006 observation which read as follows:

Part II of the Convention. Progressive abolition of fee-charging employment agencies conducted with a view to profit. The Committee notes the report for the period between 2000–05 and the attached documentation which was received in February 2006. The Government has forwarded a draft of a Presidential Decree regulating the activities of private employment agencies. Certain provisions of the draft regulations could give effect to the provisions of the Convention: for example, private employment agencies appear to be subject to the supervision of a competent authority. However, the draft regulations do not include other requirements envisaged by the Convention: the text examined appears to show that only in the case of domestic work may the fees charged for the employment placement undertaken by private employment agencies not be charged to domestic workers. The Committee emphasizes that in accepting Part II of the Convention, the Government made an undertaking to abolish fee-charging employment agencies conducted with a view to profit. Bolivia ratified Convention No. 96 in 1954, but has not given effect to its provisions, which require the adoption of regulations establishing: a yearly permit or licence renewable at the discretion of the competent authority; a scale for the charging of fees and expenses approved by the competent authority or fixed by the said authority; and authorization by the competent authority to place or recruit workers abroad (Articles 5 and 6 of the Convention). Moreover, the International Labour Conference has adopted the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role played by private employment agencies in the operation of the labour market. The Governing Body of the ILO has invited States which are parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which will involve the immediate denunciation of Convention No. 96 (document GB.273/LILS/4
(Rev.1), 273rd Session, Geneva, November 1998). The Committee therefore requests the Government to provide information on the adoption of the draft Presidential Decree regulating private employment agencies. The Committee requests the Government to keep it informed of the consultations that may have been held with the social partners concerning the eventual ratification of Convention No. 181.