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Part II of the Convention. Progressive abolition of fee-charging employment agencies. Prospects for ratification of Convention No. 181. The Committee recalls that the Government, in its reply to the questionnaire for the 2010 General Survey concerning employment instruments received in May 2009, mentioned the possibility of amending state policy in relation to private agencies and fee-charging employment agencies. The Committee noted that the Government was considering the possibility of ratifying the Private Employment Agencies Convention, 1997 (No. 181), since the acceptance of Part II of Convention No. 96 had proved so far to be an obstacle towards the effective organization of the employment market. Moreover, the Government indicated that its current legal system already permits the operation of agencies for temporary employment and that it is proposed to authorize the operation of private employment agencies (General Survey of 2010 on employment instruments, paragraph 736). In the report received in August 2010, the Government indicates that it is not currently contemplating the possibility of ratifying Convention No. 181 in view of the fact that amendments need to be made to the legislation and public policy by the Plurinational State. The Committee recalls that every State which accepts Part II of Convention No. 96 undertakes to abolish fee-charging employment agencies conducted with a view to profit. Bolivia ratified Convention No. 96 in 1954 – without effect having been given to the provisions of Part II, which require the adoption of regulations establishing a yearly permit or licence renewable at the discretion of the competent authority; a scale of fees and expenses approved by the competent authority or fixed by the said authority; and permission from the competent authority to place or recruit workers abroad (Articles 5 and 6 of the Convention). The International Labour Conference adopted the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the role played by private employment agencies in the functioning of the labour market. The Committee requests the Government to supply information on any new legislative measure adopted to give full effect to Part II of Convention No. 96 and on consultations held with the social partners with a view to the ratification of Convention No. 181.

[The Government is asked to reply in detail to the present comments in 2011.]

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The Committee notes with regret that the Government has not replied to the questions raised in the observations made in 2006, 2007 and 2008. The Committee observes that the Government, in its reply to the questionnaire relating to the General Survey on employment (2010), mentioned the possibility of modifying state policy relating to private and fee-charging employment agencies. The Government indicated its willingness to consider the possibility of denouncing Convention No. 96 and drawing up new legislation to enable the participation of private agencies to enter the employment service market. The Committee recalls that, in accepting Part II of the Convention, the State has undertaken to abolish fee-charging employment agencies conducted with a view to profit. Bolivia ratified Convention No. 96 in 1954 – but has been unable to give effect to its provisions, which require the adoption of regulations providing for the possession of a yearly licence renewable at the discretion of the competent authority; a scale for the charging of fees and expenses, approved or fixed by the competent authority; and permission from the competent authority to place or recruit workers abroad (Articles 5 and 6 of the Convention). The International Labour Conference adopted the Private Employment Agencies Convention, 1997 (No. 181), which recognizes the function of private employment agencies in the working of the labour market. The ILO Governing Body invited the States parties to Convention No. 96 to contemplate ratifying, as appropriate, Convention No. 181, the ratification of which would, ipso jure, involve the immediate denunciation of Convention No. 96 (GB.273/LILS/4(Rev.1), 273rd Session, Geneva, November 1998). The Committee requests the Government to provide information on any new legislation adopted to give effect to the Convention and any consultations held with the social partners with a view to the possible ratification of Convention No. 181.

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The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its 2006 and 2007 observations, 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.

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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.

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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 and 2005 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.

[The Government is asked to reply in detail to the present comments in 2007.]

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Part II of the Convention. The Committee notes that in reply to its 1992 request, the Government states that, owing to economic restrictions, it regrets it has not been possible to set up the supervisory and regulatory mechanism for fee-charging employment agencies required by the Convention.

The Committee notes, however, that strengthening of the employment service is included among the priorities of the labour administration modernization programme. In these circumstances, it hopes that the regulations applicable to the private employment agencies referred to in section 2 of Directive No. 006/86 of 14 January 1986 will shortly be adopted and applied and will take into account, in particular, the requirements of Article 5, paragraph 2, of the Convention.

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Part II of the Convention. The Committee notes the information provided by the Government in reply to its earlier comments, and in particular, the provisions of the Ministerial Directive No. 006/86, of 14 January 1986, concerning the operation of private employment agencies. According to this Directive, the private employment agencies are subject to the authorisation and supervision of the General Directorate of Employment of the Ministry of Labour and Development. The Committee would be grateful if the Government would indicate, in its next report, the measures taken to implement the Directive, as provided for under its Article 2. More particularly, it requests for indications on whether these agencies shall be required to be in possession of a yearly licence renewable at the discretion of the competent authority, whether they shall only charge fees and expenses on a scale submitted to and approved by the competent authority or fixed by the said authority, and whether they shall only place or recruit workers abroad if permitted to do so by the competent authority and under conditions determined by the laws and regulations in force, in accordance with Article 5, paragraph 2(b), (c) and (d), of the Convention. Please also supply information concerning the number of agencies for which such authorisations are issued under the above Directive and the scope of their activities, as required by Article 9.

While noting the Government's statement to the effect that it is not possible for economic reasons to organise a network of public, free employment agencies at the national scale and consequently not possible to fix the length of the period prescribed for the abolition of private employment agencies which were operating before the adoption of the above Directive, the Committee reiterates its hope that the Government will continue to keep it informed on any progress made in this regard.

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Part II of the Convention. The Committee notes the provisions of section 14 of Supreme Decree No. 20255 of 24 May 1984 by virtue of which it is forbidden for private agents to place workers engaged for the cotton and sugar-cane harvests.

The Government indicates in its report that the General Directorate of Employment of the Ministry of Labour and Development has issued a directive concerning the operation of private employment agencies. The Committee would be grateful if the Government would provide the Office with a copy of the above directive and, in its next report, indicate the manner in which the General Directorate of Employment's directive gives effect to the provisions of Articles 5 and 9 of the Convention.

The Committee also notes that the Government has not set a fixed time-limit for the abolition of profit-making fee-charging employment agencies, since it is not possible for economic reasons to organise free employment agencies in all the regions of the Republic. The Committee hopes that the Government will continue to provide the Office with detailed information on progress achieved in this respect.