Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.