Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

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 notes the information provided by the Government in its report relating to the previous observation.

The Committee notes the Government’s statement that, although Supreme Decree 21060 of 29 August 1985 guarantees the fixing of the minimum wage through collective bargaining between employers and workers, in practice the "national minimum wage" is established each year by the Government by means of a Supreme Decree, for both the public and the private sectors, and the amount is considered to be the limit below which wages cannot be fixed. The Committee notes that, in accordance with section 23 of Supreme Decree 23093 of 16 May 1992, which provides for wage increases, in the private sector such increases are to be negotiated directly in each enterprise. The Committee requests the Government to indicate whether or not this provision repealed section 62 above of Supreme Decree 21060 of 29 August 1985. Furthermore, the Committee also notes that, according to the Government, in the private sector the annual setting of the national minimum wage serves as a basis for the adoption of higher minimum wages which, to distinguish them from the former, may be called "institutional basic wages". These wages are fixed on the basis of machinery and specific factors in each sector of work and on the production capacity of each production unit. Taking into account the above information, the Committee recalls that when a member State ratifies a Convention, it is under the obligation to adopt the necessary measures to give effect to its provisions. The Convention provides in Article 4, paragraph 2, for full consultation with representative organizations of employers and workers concerned or, where no such organizations exist, representatives of employers and workers concerned for the fixing and adjustment of minimum wages.

The Committee recalls that, since its first comments on the application of this Article of the Convention, it has been requesting the Government to adopt the necessary measures to ensure full consultations with the representative organizations of employers and workers. The Committee set up by the Governing Body to examine the representation made by the Confederation of Private Employers of Bolivia (Official Bulletin, Vol. LXVIII, 1985, Series B, Special Supplement 1/1985) alleging non-observance of the Convention, with reference to the consultations which must be held, reiterated that the Government should adopt appropriate measures to ensure such consultations. The Committee has continued to make this request. However, the Committee regrets to note that the Government has not taken any measures in this respect, and indeed has confirmed in its latest report that the machinery in force for the fixing of wages does not appear to involve the consultations required by Article 4, paragraph 2, of the Convention. The Committee therefore urges the Government to take the necessary measures and to hold full consultations with representative organizations of employers and workers concerned when determining the level of minimum wages and to provide information on the measures adopted in this respect.

The Committee notes the information concerning the elements taken into consideration in determining the level of minimum wages, in accordance with Article 3 of the Convention. The Committee notes the Government’s statement that from the social and juridical perspective, the minimum wage is understood as the vital support of a worker enabling him to meet his basic subsistence needs. The Committee would be grateful if the Government would indicate the manner in which "basic subsistence needs" are assessed, or on the basis of which minimum subsistence products such needs are determined.

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

The Committee is raising in a direct request other points relating to the Convention on which it has not received a reply from the Government.