Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:

In its previous comments, the Committee referred to the report of the Committee set up to examine the representation made by the Confederation of Private Employers of Bolivia under article 24 of the ILO Constitution (Official Bulletin, Vol. LXVIII, 1985, Series B, special supplement 1/1985). It noted the Government's reference to section 62 of Supreme Decree No. 21060 of 30 August 1985 which guarantees the fixing of wages through collective bargaining and pointed out that the free determination of wages by negotiation between employers and workers would not appear to constitute an adequate minimum wage-fixing system in the meaning of the Convention, in so far as it does not cover all the groups of wage-earners whose terms of employment are such that coverage would be appropriate. The Committee notes that the Government repeats its reference to Supreme Decree No. 21060, and states in reply to the previous comments that Supreme Decree No. 19462 of 15 March 1983 was repealed in virtue of section 170 of Supreme Decree No. 21060 and that the National Wages Council was not consulted, since Supreme Decree No. 11706 of 16 August 1974, which set up this Council, was also of transitional nature. The Committee also notes Decree No. 23093 of 16 March 1992, section 2 of which fixes a new rate of the national minimum wage applicable to both public and private sectors. The Committee recalls that the conclusion of the Committee set up to examine the abovementioned representation, which was adopted by the Governing Body, was that measures should be taken by the Government to ensure consultation with both employers' and workers' organizations in connect with the establishment, operation and modification of the minimum wage-fixing machinery (Article 4, paragraph 2, of the Convention), as well as the participation of these organizations in the operation of such machinery (Article 4, paragraph 3). The Committee requests the Government to communication information on any measures taken or envisaged for such consultation and participation.

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