Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 95) sur la protection du salaire, 1949 - Bolivie (Etat plurinational de) (Ratification: 1977)

Autre commentaire sur C095

Observation

Demande directe

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Articles 2, 3, 5, 9, 12, 14 and 15 of the Convention. Further to its previous comments, the Committee notes the information provided by the Government in its report concerning the application of the aforementioned Articles.

Article 8. Deductions from wages. Workers covered by the General Labour Act (LGT). In its previous comments, the Committee noted that section 42 of the Regulations implementing the General Labour Act (LGT Regulations) allows deductions from wages when these are established not only by law but also by contracts and asked the Government to take steps to prohibit deductions under individual agreements. Noting that the Government has not provided any information in this respect, the Committee recalls that provisions of national legislation which permit deductions by virtue of individual agreements are not compatible with Article 8(1) of the Convention as such arrangements might involve unlawful or abusive deductions, or unsolicited payments in kind, to the detriment of the worker’s earnings (General Survey of 2003 on protection of wages, paragraph 217). In this context, the Committee requests the Government to clarify which types of contract or agreement (collective or individual) are referred to by section 42 of the LGT Regulations and to take the necessary steps to prohibit deductions by virtue of individual agreements. In its previous comments, the Committee also asked the Government to take steps to establish a limit to the amount of permissible deductions under section 42 of the LGT Regulations. The Committee notes that the Government does not indicate whether the national legislation establishes such a limit. The Committee once again requests the Government to take the necessary measures to establish a limit to the amount of permissible deductions and to provide information in this regard.

Articles 8 and 10. Deductions from wages; attachment or assignment of wages. Public officials. In its previous comments, the Committee asked the Government to clarify whether there were limits to deductions that could be made from the wages of public officials, and limits to attachment or assignment of the wages of such officials. The Committee notes that the Government has not provided any information on this matter and reiterates its request in this regard.