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The Committee notes the Government’s reply to the comments of 29 August 2008 by the International Trade Union Confederation (ITUC), referring in particular to anti-union dismissals in a mining enterprise in the department of Oruro and a telecommunications cooperative in Sucre. The Committee takes note of the Government’s general comments in reply to the effect that: (1) in the event of an anti-union dismissal, the Government has the obligation to enforce the Constitution and applicable laws, either through administrative channels, namely the Ministry of Labour, Employment and Social Security, or through judicial channels and, if the dismissal is proved to be an anti-union act, immediate reinstatement must be ordered of the man or woman worker holding the trade union office who are protected by trade union immunity, in accordance with article 51, paragraph VI of the Political Constitution of the State; (2) trade union immunity implies that trade union officials may not be dismissed without trial; (3) trade union immunity protects trade union leaders from the time of their election, by virtue of Supreme Decree No. 29593 of 1 May 2008. The Committee observes that, apart from these general observations, the Government provides no specific information in response to the ITUC’s allegations. In these circumstances, the Committee asks the Government to hold an inquiry into the matter and if it is ascertained that the dismissals were anti-union in origin, to take the necessary steps to remedy the measures found to be discriminatory.

The Committee notes the ITUC’s new comments of 26 August 2009, referring to issues that are already under examination. It requests the Government to send its observations in response.

Legislative matters raised previously. The Committee recalls that for many years it has been addressing the following matters in its comments:

–      The need to adjust the amount of the fines (from 1,000 to 5,000 bolivianos) envisaged in Act No. 38 of 7 February 1944 (former Legislative Decree No. 38) to make them sufficiently dissuasive against acts of anti-union discrimination or interference.

–      The need to guarantee the right to organize of public servants and agricultural workers and, hence, their right to collective bargaining. The Committee notes that, in its report, the Government refers to a number of provisions that have gradually extended the guarantees laid down in the Convention to agricultural workers, and indicates that the Chamber of Senators of the National Congress has before it a Bill on agricultural or rural workers the aim of which is to establish conditions of work and rights for agricultural workers. The Committee hopes that the Bill will be adopted in the near future and will apply the guarantees laid down in the Convention to all agricultural workers, whether they are wage workers or self-employed.

–      With regard to the exclusion of public servants from the right to organize the Committee pointed out that, although Article 6 of the Convention allows public servants engaged in the administration of the State to be excluded from its scope, other categories of workers should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment, including wages (see General Survey on freedom of association and collective bargaining, 1994, paragraph 262).

–      With regard to the need for swift and efficient procedures to ensure application of the rights laid down in the Convention, the Committee recalls that it also asked the Government to provide information on progress made in the passage of the Bill to issue the new Code of Labour Procedure, which the President had submitted to Parliament. The Committee notes in this connection the Government’s statement that, in view of the adoption of the new Constitution, a new draft will have to be aligned with the Constitution and submitted to Parliament for consideration after the presidential elections of 6 December 2009. The Government indicates that the Ministry of Employment and Social Welfare will satisfy itself that the new draft is efficient and effective, allowing labour disputes or conflicts to be resolved more promptly.

The Committee takes note of the new Political Constitution of the State, promulgated on 7 February 2009. It notes with satisfaction that articles 14, 49 and 51 of the new Constitution recognize as universal the right to organize and the right to collective bargaining of all workers, including agricultural workers, as well as trade union immunity for union officials, and provides in article 112 that the rights established shall apply directly. The Committee notes that, according to the Government, the State has at present to adopt new legislation that is consistent with the new Constitution and that all national laws, including the General Labour Act, will therefore be amended (repealed) and aligned with the new Constitution, under which international treaties take precedence. The Committee notes the Government’s statement that, as regards freedom of association, the new Constitution drew on Convention No. 98 and for that reason many of the trade union rights laid down in the legislation became constitutional rights. Specific enabling regulations are now needed for their application. In this connection, the Ministry of Labour, Employment and Social Welfare is drafting a new Labour Act consistent with the new Constitution, and the Committee’s observations will be considered and incorporated in this context.

Subjects open to negotiation. The Committee recalls that in its previous comments it asked the Government to indicate the criteria used by departmental labour services to approve collective agreements, and to send copies of the agreements that they have recently approved. The Committee notes the Government’s statement that an example of how collective bargaining is encouraged is to be found in Supreme Decree No. 0016 of 19 February 2009 under which a wage increase was established for the private sector to cover 2009. Ministerial Resolution No. 115/09 of 9 March 2009 regulates the abovementioned Supreme Decree and provides that agreements to increase wages are required to contain: (a) the minimum percentage increase provided for in Supreme Decree No. 0016; (b) retroactive payment to January 2009; (c) the date of the agreement; (d) the number and payroll of the workers benefiting from the increase; (e) an indication as to whether the increase granted for 2009 amounts to or exceeds the 12 per cent established in section 3 of Supreme Decree No. 0016 as the basis for collective bargaining of the increase between employers and workers; and (f) the signatures of the beneficiary workers, trade union leaders, representatives of trade union committees or delegates, and the employers’ representatives, demonstrating the parties’ consent to the substance of the agreement.

The Committee has been noting for years that in practice collective bargaining deals only with wages and not other conditions of work. It recalls that, according to Article 4, the Government has a duty to adopt appropriate measures to encourage and promote the full development and utilization of machinery for collective bargaining with a view to regulating not only wage increases but also conditions of work. The Committee requests the Government to take the necessary steps to encourage collective bargaining, including the bargaining of subjects other than wages such as other conditions of employment, and to provide information in this regard.

Furthermore, the Committee notes that article 49, paragraph II of the new Constitution provides that “the law shall regulate labour relations respecting collective contracts and agreements; sectoral and general minimum wages and wage increases; reinstatement; paid rest and holidays, accounting of years of service, hours of work, overtime, supplements for night work, Sunday rates; end of year extra salary; bonuses or other schemes for participating in a company’s profits; compensation and severance pay; maternity allowances; training and vocational training and other social rights”. The Committee asks the Government to explain the exact meaning of this provision and to state specifically whether its purpose is to establish minimum standards for the areas covered or to replace provisions concluded in the framework of collective bargaining.

The Committee expresses the firm hope that in the context of the legislative reforms that are to be carried out pursuant to the adoption of the new Constitution, all the Committee’s comments will be taken into account. It asks the Government to provide information on any developments in this area that concern the new General Labour Act and the Code of Labour Procedure, and reminds it that, if it so wishes, it may seek technical assistance from the Office.

Application of the Convention in practice. The Committee requests the Government to provide statistical information on the number of collective agreements in the public sector and the private sector, the subjects dealt with and the number of workers covered.

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The Committee notes the comments of the International Trade Union Confederation (ITUC) of 29 August 2008, which refer to matters already raised by the Committee, as well as anti-union dismals in a mining company in the department of Oruro and in a telecommunications cooperative in Sucre. The Committee requests the Government to provide its comments in this respect.

Articles 1, 2, and 3 of the Convention. Adjustment of the amount of fines (from 1,000 to 5,000 bolivianos) envisaged in Act No. 38 of 7 February 1944 (former Legislative Decree No. 38) to make them sufficiently dissuasive against acts of anti-union discrimination or interference. The Committee notes that, according to the Government’s report, the Ministry of Labour plans to modify these fines, taking into account the circumstances of each violation, and adapting the amounts of the fines to the Housing Development Unit (UFV), a reference index that is regularly updated on the basis of the consumer price index. The Committee requests the Government to provide information on any developments in this respect and hopes that the legislation will be reformed in the near future.

Articles 4 and 6. Denial of the right of public employees and other categories of workers to organize and therefore their right to collective bargaining. The Committee notes: (1) the Government’s indication that the Office of the Superintendent of the Civil Service is conducting a study with a view to a possible amendment of the legislation so as to recognize the right to organize of public servants; and (2) that the draft Political Constitution of the State envisages the right to organize of all persons, and accordingly eliminates the current restriction. In this respect, the Committee recalls that, while Article 6 of the Convention allows public servants engaged in the administration of the State to be excluded from its scope, other categories should enjoy the guarantees of the Convention and therefore be able to negotiate collectively their conditions of employment, including wages (see General Survey on freedom of association and collective bargaining, 1994, paragraph 262). The Committee hopes that the new Constitution that is adopted will allow public officials covered by the Convention to benefit from the guarantees set out therein.

The Committee notes that, according to the ITUC, rural and agricultural workers are also denied the right to organize and to collective bargaining, but that these rights will be recognized in the future Constitution. The Committee expresses the firm hope that the legislation will recognize and implement union rights for these categories of worker.

The Committee 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 collective bargaining between employers and their organizations and workers’ organizations (on various occasions, the Committee had noted that collective bargaining covered wage increases, but rarely other conditions of employment). The Committee notes the Government’s indication that the Ministry of Labour has developed procedures at three levels: the first is based on the provisions of Presidential Decree No. 28699 of 1 May 2006, implemented by Ministerial Resolution No. 551/06 of December 2006, which provide for the participation of workers in the formulation of internal work rules. The second level lies with the General Directorate of Labour and Social Security, which is responsible for endorsing labour contracts, which have to be agreed between the parties, and the third level relates to departmental labour services, which are responsible for approving collective agreements. Collective bargaining is encouraged and promoted at the three levels. With regard to the third level, the Committee recalls that provisions of this kind are compatible with the Convention, provided that they merely stipulate that approval may be refused if the collective agreement has a procedural flaw or does not conform to the minimum standards laid down by general labour legislation. The Committee requests the Government to indicate the criteria used by departmental labour services to approve collective agreements and to transmit a copy of the agreements that they have approved recently.

The ITUC’s 2007 comments. The Committee notes the Government’s reply to the ITUC’s comments, which referred to the slowness of legal proceedings in matters relating to the exercise of trade union rights. The Government indicates that the Ministry of Justice and Labour has prepared the draft text of the new Code of Labour Procedure, which has been submitted by the President to the Legislative Authority for approval. This will ensure greater rapidity and efficiency of judicial procedures through measures such as the imposition of penalties on administrative and judicial officials in the event of delays in the administration of justice and the reinstatement of workers in the event of unjustified dismissal. The Committee requests the Government to provide information on the progress made in respect of this draft text and hopes that it will be adopted in the near future.

Draft new Constitution. The Committee notes that, according to the Government, the provisions of the future Constitution will strengthen trade union rights. The Committee reminds the Government that ILO technical assistance is at its disposal with a view to ensuring that full effect is given to the Convention in the future legislation adopted under the new Constitution.

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The Committee notes that the Government’s report has not been received. It notes the comments of 28 August 2007 by the International Trade Union Confederation (ITUC), which refer to matters raised by the Committee and complain of the sluggishness of legal proceedings concerning the exercise of trade union rights. The Committee requests the Government to send its comments on the above.

Articles 1, 2 and 3 of the Convention. In its previous comments, the Committee had requested the Government to take steps to update the amount of the fines (from 1,000 to 5,000 bolivianos) established in Act No. 38 of 7 February 1944 (former Legislative Decree No. 38) to make them sufficiently dissuasive against acts of anti-union discrimination or interference.

Articles 4 and 6. The Committee observed previously that the legislation denies public employees the right to organize and requested the Government to take steps to have it amended so that public employees not engaged in the administration of the State have the right to bargain collectively through their organizations.

The Committee draws attention to the gravity of these breaches of the Convention which have persisted for many years, and notes with regret that, despite assistance from the Office in 2004, there has been no progress on the issues raised. It reminds the Government that it is important to take measures to ensure that the Convention is fully applied and requests it to send information in its next report on any developments in this respect.

Lastly, because there were so few collective agreements, the Committee had asked 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 collective bargaining between employers and their organizations and workers’ organizations. The Committee reiterates that request and asks the Government to send information on the number of collective agreements concluded and the subjects they cover.

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The Committee notes the comments of the International Confederation of Free Trade Unions (ICFTU) of 10 August 2006, which refer largely to pending issues relating to legislation and the application of the Convention in practice that are currently under examination.

The Committee requests the Government, in the context of the regular reporting cycle, to provide its observations for the Committee’s next session in November-December 2007 on all the issues relating to legislation and the application of the Convention in practice raised in its previous observation in 2005 (see the 2005 observation, 76th Session).

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The Committee notes 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.

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.

The Committee has been informed that, during the technical assistance mission which took place from 19 to 21 April 2004, the Government and the social partners reached an agreement to modify the legislation on the above points, including in order to introduce a provision establishing that the Ministry of Labour will promote collective bargaining. The Committee notes this information. The Committee notes the will of the Government to pursue the reform, which has not been approved yet due to the political crisis in the country and the forthcoming national elections. The Committee hopes that the tripartite agreement in question will lead to legislative changes in the near future and requests the Government to keep it informed 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 Committee notes the information provided by the Government on the collective agreements in force and their content as well as the tripartite agreement for the Labour Ministry to promote collective bargaining. The Committee further notes that there are 43 collective agreements, 16 of them covering only wage matters. The Committee requests the Government to keep it informed of all the measures taken to promote collective bargaining as well as the number of collective agreements concluded and the matters which they cover. The Committee again requests the Government to provide information on the collective agreements in force, their content and the number of workers they cover.

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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.

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The Committee notes the Government’s report and observes that it does not contain the information requested in its previous observations.

Articles 1, 2 and 3 of the Convention. The Committee recalls that in its previous observations it noted that Supreme Decree No. 25421, of 11 June 1999, prohibited any anti-union discrimination against workers (in broad terms, that is, not only against trade union leaders), as well as any act of discrimination or interference by employers’ organizations in workers’ organizations and vice versa, and that infringements of these provisions would be penalized in conformity with the General Labour Act and its related provisions. The Committee had requested the Government to indicate clearly the penalties provided for in the law which would be applicable to such violations and to provide information on the manner in which the system operates in practice. The Committee notes the Government’s indication in its report that Legislative Decree No. 38 of 7 February 1944 provides in section 5 that, inter alia, a financial fine of between 1,000 and 5,000 bolivianos may be imposed upon any employer or representative of an employer who directly or indirectly impedes the free exercise of trade union activities. In this respect, the Committee requests the Government to take measures to review the rates of financial fines so that they are of a sufficiently dissuasive nature in respect of acts of anti-union discrimination or interference.

Articles 4 and 6. The Committee notes that the legislation denies the right to organize to public servants. The Committee emphasizes that, in accordance with the Convention, public servants not engaged in the administration of the State must have the right to bargain collectively through their organizations. The Committee requests the Government to take steps to amend its legislation accordingly and to provide information in its next report on any measure adopted to remedy this grave violation of the Convention.

Finally, in a previous direct request, the Committee noted that the Ministry of Labour was promoting collective bargaining and requested the Government to provide copies of the most relevant collective agreements concluded at the national, branch of activities and enterprise levels in which negotiations not only concerned questions of wages. The Committee notes the Government’s indication in its report that there is only a dialogue between the Government and the workers represented by the Bolivian Central of Workers for the purposes of discussing and negotiating the payment of wages and that the Confederation of Private Sector Employers (CEP) does not participate in such negotiations, generally due to the deficiencies in the organization of the agenda of the Ministry of Labour and Micro-enterprises, and that this is to the prejudice of the workers since the participation of the CEP would provide greater opportunities for negotiation, not only on wage matters. In this respect, the Committee requests the Government, in accordance with Article 4 of the Convention, to take measures 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 include matters other than wages) by means of collective agreements. Under these conditions, the Committee requests the Government to provide information in its next report on the collective agreements in force and their contents.

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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:

  Article 4 of the Convention. The Committee recalls that its previous comments referred to the need to promote and develop collective bargaining to ensure that collective bargaining is not restricted to fixing wages but is, in practice, extended to other conditions of employment. The Committee notes from the Government’s report that: (1) the Ministry of Labour is promoting collective bargaining; (2) at confederation and enterprise level negotiations cover questions which go far beyond wages; (3) efforts have been made under the programme to modernize employment relations to train specialized personnel in the application and follow-up of collective agreements; and (4) this subject is to be dealt within the new Bolivian labour legislation.

In this connection, the Committee requests the Government to transmit in its next report a copy of the most relevant collective agreements concluded at national, industrial and enterprise levels in which the negotiations have not solely concerned questions of wages.

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

Articles 1, 2 and 3 of the Convention. The Committee recalls that for many years it has referred to the need for the legislation to contain provisions protecting those workers who are not trade union leaders against anti-union discrimination, and protecting against any act of interference by employers’ organizations in workers’ organizations and vice versa. In this connection, the Committee takes due note of the Government’s indication that: (1) provision has been made through a Supreme Decree No. 25421 of 11 June 1999 for the prohibition of any anti-union discrimination whatsoever against workers, and also against any act of discrimination or interference by employers’ organizations in workers’ organizations and vice versa; and (ii) infringements will be penalized in conformity with the General Labour Law and its pertinent provisions.

In this connection, the Committee requests the Government to indicate clearly with its next report what penalties provided for in the law will be applicable, as well as to communicate information on the way in which the system functions in practice.

Articles 4 and 6. The Committee observes that the legislation denies the right to organize to public servants. The Committee stresses that public servants not employed in the administration of the State must have the right to bargain collectively through their organizations. The Committee asks the Government to take steps to amend the legislation accordingly.

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

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The Committee notes the Government's report.

Article 4 of the Convention. The Committee recalls that its previous comments referred to the need to promote and develop collective bargaining to ensure that collective bargaining is not restricted to fixing wages but is, in practice, extended to other conditions of employment. The Committee notes from the Government's report that: (1) the Ministry of Labour is promoting collective bargaining; (2) at confederation and enterprise level negotiations cover questions which go far beyond wages; (3) efforts have been made under the programme to modernize employment relations to train specialized personnel in the application and follow-up of collective agreements; and (4) this subject is to be dealt within the new Bolivian labour legislation.

In this connection, the Committee requests the Government to transmit in its next report a copy of the most relevant collective agreements concluded at national, industrial and enterprise levels in which the negotiations have not solely concerned questions of wages.

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The Committee notes the Government's report.

Articles 1, 2 and 3 of the Convention. The Committee recalls that for many years it has referred to the need for the legislation to contain provisions protecting those workers who are not trade union leaders against anti-union discrimination, and protecting against any act of interference by employers' organizations in workers' organizations and vice versa. In this connection, the Committee takes due note of the Government's indication that: (1) provision has been made through a Supreme Decree No. 25421 of 11 June 1999 for the prohibition of any anti-union discrimination whatsoever against workers, and also against any act of discrimination or interference by employers' organizations in workers' organizations and vice versa; and (ii) infringements will be penalized in conformity with the General Labour Law and its pertinent provisions.

In this connection, the Committee requests the Government to indicate clearly with its next report what penalties provided for in the law will be applicable, as well as to communicate information on the way in which the system functions in practice.

Articles 4 and 6. The Committee observes that the legislation denies the right to organize to public servants. The Committee stresses that public servants not employed in the administration of the State must have the right to bargain collectively through their organizations. The Committee asks the Government to take steps to amend the legislation accordingly.

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Please see the comments made under Convention No. 87, as follows:

The Committee notes the information provided by the Government in its reports as well as the statement made by the Minister of Labour of Bolivia and the discussions which took place during the 1998 Conference Committee on the Application of Standards.

The Committee recalls that the comments which it has been making for several years in respect of the following points were examined during the direct contacts mission in October 1997:

(1) the exclusion of agricultural workers from the scope of the General Labour Act (section 1 of the General Labour Act and its Regulation);

(2) the denial of the right to trade union rights for public servants (section 104 of the General Labour Act);

(3) the impossibility of establishing more than one trade union in an enterprise (section 103 of the General Labour Act);

(4) the wide powers of supervision conferred on the labour inspectorate over trade union activities (section 101 of the General Labour Act);

(5) the fulfilment of certain requirements for eligibility to trade union office (section 138 of the Regulation of the General Labour Act stipulates the requirement of Bolivian nationality and sections 6(c) and 7 of the Legislative Decree of June 1951 stipulate the requirement of permanent employment in the enterprise);

(6) the possible dissolution of trade union organizations by administrative decision (section 129 of the Regulation of the General Labour Act of 1943);

(7) the imposition of certain restrictions in respect of the right to strike (a majority of three-quarters of the workers of the enterprise to call a strike (section 114 of the Act and section 159 of the Regulation)); the unlawful nature of general and sympathy strikes which are liable to penal sanctions (sections 1 and 2 of Legislative Decree No. 02565 of 1951); the unlawful nature of strikes in banks (section 1(c) of the Supreme Decree No. 1959 of 1950) and the recourse to compulsory arbitration by decision of the Executive Power to put an end to a strike (section 113 of the General Labour Act);

(8) the lack of provisions to protect workers who are not trade union leaders against anti-union discrimination;

(9) the lack of provisions to protect against any act of interference by employers' organizations in workers' organizations and vice versa;

(10) the need to promote and develop collective bargaining to ensure that collective bargaining is not restricted to fixing wage rates but is, in practice, extended to other conditions of employment.

In respect of section 1 of the General Labour Act and its Regulation, the Committee notes that, in accordance with the Minister of Labour's statement, section 4 of Act No. 1715 respecting the National Institute of Agricultural Reforms, of 18 December 1996, provides for wage-earning agricultural workers to be included in the scope of the General Labour Act. In this respect, the Committee requests the Government to provide a copy of the text in question and to inform it whether this category of workers may negotiate their conditions of employment through collective bargaining and whether they may go on strike.

The Committee considers that self-employed rural workers should also enjoy the right to organize to defend their occupational interests and requests the Government to adopt the necessary measures in this respect.

The Committee also notes with interest the Minister of Labour's statement to the effect that the Social Dialogue Programme is being pursued by a tripartite Committee with a view to amending the national legislation and that the essential questions raised by the Committee which have obtained tripartite consensus shall be amended by Decrees issued by the Executive Power. In this respect, the Minister of Labour confirms the agreement in respect of the amendments to the following questions, for which a tripartite consensus had already been reached during the direct contacts mission, namely:

-- section 101 of the General Labour Act which confers wide powers of supervision of the labour inspectorate over trade union activities;

-- section 129 of the Regulation of the General Labour Act of 1943 respecting the possible dissolution of trade union organizations by administrative decision;

-- the inclusion of provisions to protect workers who are not trade union leaders against acts of anti-union discrimination and against any acts of interference by employers' organizations in worker' organizations and vice versa.

The Committee takes due note of the Minister of Labour's statement to the effect that the Government has neither imposed nor allowed the imposition of penal sanctions in the event of general or sympathy strikes (section 2 of Legislative Decree No. 02565 of 1951). Nevertheless the Committee notes that this Legislative Decree, as well as section 234 of the Penal Code (which also lays down sanctions for unlawful strikes), which imposes sanctions such as prison sentences of one to five years and fines of 100 to 500 días, remain in force.

In respect of the above comments, the Committee takes due note that the Minister of Labour has expressed a commitment to ensure the amendment of all of the provisions which are not in conformity with the Convention, which shall be examined within the framework of the Social Dialogue Programme with a view to reaching a consensus, and for these provisions to be incorporated in the text of the new General Labour Act.

The Committee expresses the firm hope that the Government will provide information in its next report in respect of the measures adopted to amend the national legislation as indicated during the direct contacts mission and confirmed by the Minister of Labour.

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Please see the comments made under Convention No. 87, as follows:

The Committee has noted the report on the direct contacts mission to Bolivia which took place from 6 to 9 October 1997, with reference to the application of Conventions Nos. 87 and 98, and the receptive and constructive attitude shown by the authorities and the social partners.

The Committee notes with interest that the authorities and the mission found formulae likely to resolve all the problems raised by the Committee and that the Ministry of Labour indicated that it would immediately set in motion the legal amendments requested, provided a consensus existed between the social partners. The authorities made it clear, however, that "(1) the recognition of the right to organize for public servants (excluding the right to strike) was not currently possible for politicial reasons but that the Government had no basic objections to granting such a right; and (2) the amendment of legislation to allow more than one trade union per enterprise was totally rejected by the Bolivian Central of Workers (COB); such an amendment would give rise to misunderstandings and was not therefore advisable for reasons of expediency and owing to a lack of consensus". The Committee emphasizes that both restrictions are incompatible with the requirements of Convention No. 87 and hopes that these problems in the application of the Convention may be overcome soon.

The Committee notes with interest that, according to the mission report, "as a result of the consensus which the mission identified between the Government and the social partners in relation to five important points to which objections were raised by the Committee of Experts, the Ministry of Labour undertook to submit the text of legal reforms to the Council of Ministers as soon as possible and to try to have the reforms adopted before the meeting of the Committee of Experts in December 1997". The five points on which the amendments proposed by the Committee of Experts are acceptable are as follows:

(1) Section 101 of the General Labour Act (wide powers of supervision of the labour inspectorate over the activities of trade unions).

(2) Section 129 of the Decree issued under the General Labour Act of 1943 (possibility of dissolving trade unions by administrative authority).

(3) Absence of provisions to protect workers who are not trade union leaders against acts of anti-union discrimination.

(4) Absence of provisions offering protection against all acts of interference by employers' organizations in workers' organizations and vice versa.

(5) Penal sanctions in case of general and solidarity strikes (section 2 of Legislative Decree No. 02565 of 1951). The consensus refers to the elimination of penal sanctions (the Bolivian Confederation of Private Employers (CEPB) maintains, however, that the strikes in question are illegal and that the penalties provided for in the General Labour Act in case of the infringement of its provisions are applied).

The Committee requests the Government to provide information on the measures adopted with a view to amending the legislation in relation to these five points on which there is complete consensus.

As regards the criticism towards the exclusion of agricultural workers from the scope of section 1 of the General Labour Act, the Committee notes that, according to the mission report, "a broad consensus exists on the amendment of the law, although the Government and the social partners must modify their points of view a little more. The Ministry of Labour undertook to call, as soon as possible, a tripartite meeting in order to try and obtain a complete consensus and to be able to take measures to reform the law referred to in this connection". The Committee requests the Government to provide information on the results of the tripartite meeting referred to.

Furthermore, the Committee notes that agricultural workers' unions exist in certain enterprises (although the authorities did not give examples of collective agreements in the agricultural sector), and that the vast majority of agricultural workers are self-employed.

The Committee observes that, according to the mission report, complete consensus does not exist among the social partners on the amendment of the remaining provisions which it criticized. These provisions refer to the refusal of the right to organize for public servants (section 104 of the General Labour Act); the impossibility of having more than one trade union in an enterprise (section 103 of the General Labour Act); certain requirements to be a trade union leader (Bolivian nationality (section 138 of the Decree issued under the General Labour Act) and to be employed by the enterprise (sections 6(c) and 7 of the Legislative Decree of June 1951)), and certain restrictions on the right to strike (majority of three-quarters of the workers for the declaration thereof (section 114 of the Act and section 159 of the Decree issued under the Act)); the unlawful nature of general and solidarity strikes (sections 1 and 2 of Legislative Decree No. 02565 of 1951); the unlawful nature of strikes in banks (section 1(c) of Supreme Decree No. 1959 of 1950) and the possibility of imposing compulsory arbitration by a decision of the executive authority in order to put an end to a strike (section 113 of the General Labour Act).

The Committee notes that, according to the mission report, with regard to the provisions on which complete consensus does not exist for their amendment, "the Ministry of Labour undertook to summon the social partners as part of the social dialogue to examine these matters once again (covering eight points) and to propose new amendments, once the Committee of Experts has formulated its comments on the application of Conventions Nos. 87 and 98, and information is available on the direct contacts mission report". The Committee emphasizes the importance of amending the legislation in relation to these matters and requests the Government to inform it of the results of the meeting with the social partners.

Furthermore, the Committee notes that, according to the mission report, judicial remedies exist which are resolved rapidly in the case of a refusal to grant legal status to trade union organizations, and that under section 4 of the Legislative Decree of 1994 trade unions are established "without prior authorization".

Similarly, the Committee notes that "the authorities indicated to the mission that public markets (in which strikes are forbidden) are supply centres for cheap food and essential basic products for the most underprivileged sector of the population, and that in Bolivia these markets which are closely linked to the life and health of part of the population provide an essential service where strikes may be prohibited (when the mission raised this point with the Bolivian Central of Workers (COB), the Central did not contradict the statements made by the authorities)".

Furthermore, the Committee notes that between January and October 1997 1,143 collective agreements were concluded in the country, although the majority of these agreements are restricted to establishing wage rates without regulating other working conditions. The Committee invites the Government to take measures to develop collective bargaining, including in the agricultural sector, so as to ensure that such bargaining is not limited to setting wage rates but in practice covers other conditions of employment.

The Committee hopes that in its next report it will be able to observe that substantial progress has been made in the application of Conventions Nos. 87 and 98.

CMNT_TITLE

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 its previous comments referred to: - the exclusion from the scope of the General Labour Act of agricultural workers (section 1 of the General Labour Act); - the absence of measures to protect workers who are not trade union leaders against acts of anti-union discrimination (Article 1 of the Convention); - the absence of measures to protect trade union organizations against acts of interference by employers (Article 2); and - a lack of information on collective bargaining. Although the Committee notes that, according to the Government, the preliminary draft of the General Labour Act has taken into account the Committee's comments, it can only regret the fact that, despite the time which has elapsed, the text has not been adopted. The Committee once again hopes that the new General Labour Act will protect all workers, including permanent and temporary agricultural workers, against acts of anti-union discrimination, will protect their organizations against acts of interference by employers, and will be coupled with effective and sufficiently dissuasive sanctions, and that the above Act will be approved in the near future. The Committee requests the Government to supply information in its next report on collective bargaining in the agricultural sector (collective agreements concluded and statistics) and on the progress made in the adoption of the preliminary draft text of the General Labour Act.

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

CMNT_TITLE

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 its previous comments referred to: - the exclusion from the scope of the General Labour Act of agricultural workers (section 1 of the General Labour Act); - the absence of measures to protect workers who are not trade union leaders against acts of anti-union discrimination (Article 1 of the Convention); - the absence of measures to protect trade union organizations against acts of interference by employers (Article 2); and - a lack of information on collective bargaining. Although the Committee notes that, according to the Government, the preliminary draft of the General Labour Act has taken into account the Committee's comments, it can only regret the fact that, despite the time which has elapsed, the text has not been adopted. The Committee once again hopes that the new General Labour Act will protect all workers, including permanent and temporary agricultural workers, against acts of anti-union discrimination, will protect their organizations against acts of interference by employers, and will be combined with effective and sufficiently dissuasive sanctions, and that the above Act will be approved in the near future. The Committee requests the Government to supply information in its next report on collective bargaining in the agricultural sector (collective agreements concluded and statistics) and on the progress made in the adoption of the preliminary draft text of the General Labour Act.

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

CMNT_TITLE

The Committee notes the Government's report and recalls that its previous comments referred to the exclusion from the scope of the General Labour Act of agricultural workers (section 1 of the General Labour Act) and, as a consequence, to:

- the absence of measures to protect workers against acts of anti-union discrimination (Article 1 of the Convention);

- the absence of measures to protect trade union organizations against acts of interference by employers (Article 2); and

- a lack of information on collective bargaining.

Although the Committee notes that, according to the Government, the preliminary draft of the General Labour Act has taken into account the Committee's comments, it can only regret the fact that, despite the time which has elapsed, the text has not been adopted.

The Committee once again hopes that the new General Labour Act will protect all workers, including permanent and temporary agricultural workers, against acts of anti-union discrimination, will protect their organizations against acts of interference by employers, and will be combined with effective and sufficiently dissuasive sanctions, and that the above Act will be approved in the near future. The Committee requests the Government to supply information in its next report on collective bargaining in the agricultural sector (collective agreements concluded and statistics) and on the progress made in the adoption of the preliminary draft text of the General Labour Act.

CMNT_TITLE

In its previous comments, the Committee requested the Government to indicate whether the draft of the new General Labour Act would extend the protection of the general labour legislation to permanent and seasonal agricultural workers and whether the Act would contain provisions protecting the workers against anti-union discrimination (Article 1 of the Convention) and the workers' organisations against acts of interference by employers or their organisations (Article 2), accompanied by sanctions sufficiently effective and dissuasive. The Committee also requested the Government to supply information on collective bargaining in the agricultural sector (collective agreements, accords, statistics, etc.).

The Committee notes that, according to the Government's report, a draft has been made, with ILO collaboration, of the text of a new General Labour Act which takes into account the Committee's comments and which will be submitted to Congress before 15 July 1991.

The Committee requests the Government to supply specific information on the questions that have been raised and on the progress made in adopting the draft text of the General Labour Act.

CMNT_TITLE

The Committee notes the report supplied by the Government.

The Committee notes that section 1 of the Decree issuing regulations under the General Labour Act provides that "agricultural workers are not subject to the provisions of the General Labour Act nor of these Regulations, ...". The Committee also notes that section 132 of the Decree respecting agricultural reform, of 2 August 1953, recognises that the organisation into trade unions of peasants is a means of defending the rights of their members but that, by virtue of Presidential Decree No. 19524 of 26 April 1983, and Decree No. 20255 of 24 February 1984, issuing regulations thereunder, seasonal sugar cane and cotton workers have been incorporated under the provisions of the General Labour Act and its Regulations. The Committee requests the Government to indicate whether the draft of the new General Labour Act, which is currently being prepared, will extend the protection of the general labour legislation to permanent and seasonal agricultural workers, whether it contains provisions protecting the workers against anti-union discrimination (Article 1 of the Convention) and the workers' organisations against acts of interference by employers or their organisations (Article 2), accompanied by civil remedies and penal sanctions, and it requests it to supply information in its next report on collective bargaining in the agricultural sector (collective agreements, accords, statistics, etc.).