Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

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.]