Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Bolivia (Plurinational State of) (Ratification: 1973)

Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work), 14 (weekly rest (industry)), 30 (hours of work (commerce and offices)), 89 (night work (women)) and 106 (weekly rest (commerce and offices)) together.

Hours of work

Articles 3 and 6(1)(b) and (2) of Convention No. 1 and Article 7(2) and (3) of Convention No. 30. Temporary exceptions. Limits and circumstances. In its previous comments, the Committee noted that section 50 of the General Labour Act (LGT) of 1942, which gives the labour inspectorate the authority to allow up to two additional hours of work per day at the employer’s request, does not specify the circumstances in which exceptions to the maximum limits of eight hours per day and 48 hours per week may be made. The Committee recalls that temporary exceptions to normal hours of work are authorized in the Conventions in very limited cases and well-circumscribed cases (General Survey of 2018 concerning working-time instruments, para. 109). The Committee also notes that the above-mentioned section does not establish the maximum number of additional hours of work allowed per year, as required by Article 7(3) of Convention No. 30. The Committee once again requests the Government to take the necessary measures to ensure that: (i) temporary exceptions to normal hours of work are limited to the cases provided for in Articles 3 and 6(1)(b) of Convention No. 1 and Article 7(2) of Convention No. 30; and (ii) the legislation establishes the number of additional hours of work which may be allowed per year in respect of temporary exceptions.

Article 6(1)(a) of Convention No. 1 and Article 7(1)(a) of Convention No. 30. Permanent exceptions. Intermittent work. The Committee once again requests the Government to take the necessary measures to determine the categories of workers whose work is intermittent that are subject to the exception established in section 46 of the LGT.

Weekly rest

Article 4 of Convention No. 14 and Article 8 of Convention No. 106. Temporary exemptions. Circumstances. The Committee notes that section 7(z) of the Regulatory Decree of 30 August 1927 allows the National Department of Labour (now the Ministry of Labour, Employment and Social Welfare) to authorize work on Sundays in temporary circumstances that must be taken advantage of. The Committee also notes that section 42 of the LGT allows occasional work on public holidays in town centres far from capital cities. In this regard, the Committee recalls that, under Article 8 of Convention No. 106, temporary exemptions may only be authorized: (a) in case of accident, force majeure or urgent work; (b) in the event of abnormal pressure of work due to special circumstances; and (c) in order to prevent the loss of perishable goods. The Committee therefore requests the Government to take the necessary measures to ensure that temporary exemptions to the general rule of 24 hours of weekly rest are limited to what is strictly necessary and are authorized under clearly defined conditions.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Compensatory rest. In its previous comments, the Committee noted that section 31 of the Regulations implementing the General Labour Act (RLGT), adopted by Supreme Decree No. 224 of 23 August 1943, provides that workers who have worked on public holidays shall be entitled, at the employer’s discretion, to compensatory rest on another day of the same week or be paid double the regular wage. The Committee observed that this section is not in conformity with the Articles of the Conventions which require, in the event of exceptions to the principle of weekly rest, the granting of effective compensatory rest of at least 24 consecutive hours. The Committee notes the Government’s indication in its report that, as part of the process to review and update the current labour legislation, an analysis is being conducted, with the participation of the social partners, to assess the amendment of section 31 of the RLGT. The Committee firmly hopes that the Government will take the necessary measures to ensure that, in the event of exceptions to the principle of weekly rest, all workers are entitled to compensatory rest of at least 24 consecutive hours for each period of seven days, irrespective of any financial compensation, in accordance with the Conventions. The Committee also requests the Government to provide information on the progress made in this regard.

Article 2 of Conventions Nos 1 and 14, Article 3 of Convention No. 30 and Article 6 of Convention No.106. Daily and weekly limits on hours of work. Minimum period of weekly rest. Civil servants. The Committee notes that, according to section 46 of Act No. 2027 of 1999 establishing the Civil Service Statute, the hours of work of civil servants shall be established in accordance with the specific special regulations for each administrative organization system. In this regard, the Committee notes that, according to section 18 of Supreme Decree No. 25.749 of 24 April 2000, adopting the partial implementing regulations of Act No. 2027, the working day of civil servants is regulated by the starting and finishing times determined by each entity in its internal regulations in accordance with its specific needs. The Committee requests the Government to specify the provisions of the national legislation (regulation number, provision number and content) that ensure that civil servants’ normal hours of work do not exceed eight hours per day and 48 hours per week, as well as a rest period comprising not less than 24 hours for each period of seven days.

Night work

Articles 2 and 3 of Convention No. 89. Prohibition of night work for women. The Committee notes that, under sections 46 and 60 of the LGT, women may only work during the day, with the exception of nursing, domestic service and other types of work to be determined. The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (2018 General Survey concerning working-time instruments, para. 545). The Committee therefore recalls that the denunciation window for Convention No. 89 will be open from 27 February 2031 to 27 February 2032.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 8(3) of the Convention. Compensatory rest. The Committee once again recalls that it has been commenting since 1976 on the need to amend section 31 of the Regulatory Decree No. 244 of 1943 which allows the employer, in the event of work being carried out on the Sunday rest day, to grant the worker either compensatory rest on another day of the week or additional pay at double the worker’s basic wage rate. The Committee notes that, in its latest report, the Government indicates that the amendment of section 31 of the Decree requires an in-depth analysis with those involved in amending regulations, taking into account that the option of financial compensation is an entitlement that has been granted to workers for many years and that its removal could be considered a reduction of their labour rights. In its previous comments, the Committee emphasized that, in accordance with Article 8(3) of the Convention, where temporary exemptions are made with regard to the weekly day of rest, compensatory rest of a total duration of at least 24 consecutive hours must be granted, irrespective of the payment of any financial compensation. Recalling once again the basic principles of the Convention, which are intended to guarantee a minimum period of rest and free time for workers which is essential for their health and well-being, the Committee reiterates the hope that the Government will take the necessary steps to finally bring section 31 of Regulatory Decree No. 244 of 1943 into conformity with the requirements of the Convention.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 8(3) of the Convention. Compensatory rest. The Committee recalls that it has been commenting since 1976 on the need to amend section 31 of Regulatory Decree No. 244 of 1943 which allows the employer, in the event of work being carried out on the Sunday rest day, to grant the worker either compensatory rest on another day of the week or extra pay at double the worker’s basic wage rate. The Committee once again stresses that, in accordance with Article 8(3) of the Convention, where temporary exceptions are made in respect of the weekly rest day, compensatory rest of a total duration of at least 24 consecutive hours must be granted, irrespective of the payment of any financial compensation. While noting the Government’s indication that the tripartite commission responsible for reviewing the General Labour Act will examine section 31 as soon as it resumes its work, the Committee observes that no significant progress appears to have been made with regard to the revision of the General Labour Act despite the technical assistance offered by the Office in 1988, 1990 and 2004. Recalling the basic principles of the Convention, which are intended to ensure a minimum period of rest and leisure to workers, which is essential for their health and well-being, the Committee expresses the hope that the Government will take the necessary steps to finally bring section 31 of Regulatory Decree No. 244 of 1943 into line with the requirements of the Convention.

[The Government is asked to reply in detail to the present comments in 2014.]

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

Article 8, paragraph 3 of the Convention. Compensatory rest. Further to its numerous comments on this matter, the Committee notes the Government’s indication that, following the adoption of the new Constitution on 7 February 2009, the Government intends to adopt and amend numerous laws, in particular, the General Labour Act (LGT). For more than 30 years, the Committee has been drawing the Government’s attention to the fact that section 31 of Regulatory Decree No. 244 of 1943, which allows the employer, in the event of work being carried out on the Sunday rest day, to grant the worker compensatory rest or compensatory pay of more than 100 per cent of the worker’s basic pay, is inconsistent with Article 8(3) of the Convention which requires compensatory rest regardless of any cash compensation which may be granted. In this regard, it recalls that offering only monetary compensation for weekly rest worked is contrary to the objective of the Convention of ensuring a minimum rest period for workers in order to protect their health and well-being. Furthermore, the Committee recalls that the drafting of the new Labour Code, for which the Office has offered assistance between 1988 and 1990, has not yet been completed. The Committee therefore urges the Government to take the necessary steps as soon as possible to finally bring its legislation into conformity with the requirements of the Convention and to provide a copy of the relevant legislative or regulatory text as soon as it has been adopted.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 8, paragraph 3, of the Convention. The Committee notes the Government requested the technical and logistical assistance of the Office. It recalls that a draft Labour Code was completed with the assistance of the International Labour Office in 1988–90. The Committee invites the Government to approach the Regional Office in Lima to settle the details of any further technical cooperation.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 8(3) of the Convention. The Committee notes with regret that the Government has taken no steps to bring the national legislation into line with the provisions of Article 8, paragraph 3, of the Convention under which compensatory rest of a duration at least equivalent to the period provided for under Article 6 must be granted, without prejudice to any monetary compensation, where temporary exemptions are made in respect of weekly rest. It recalls that since 1976 it has been commenting on the need to amend to this effect section 31 of Regulatory Decree No. 244 of 1943, which provides that remuneration may be granted instead of compensatory rest. The Committee again expresses the hope that the Government will take the necessary steps to this end as soon as possible.

The Committee notes that the Government envisages amending certain provisions of the General Labour Act and hopes that the Government will take advantage of this occasion to bring section 31 of Decree No. 244 into conformity with the Convention. It hopes that the new legislation will be adopted in the near future and requests the Government to indicate any progress achieved in this respect and to provide a copy of the relevant text once it has been adopted.

The Committee also addresses a request directly to the Government on certain points.

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

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 8, paragraph 3, of the Convention. Further to its observation on the same Convention, the Committee notes the Government’s request to the Office for technical and logistical assistance. It recalls that a draft Labour Code was completed with the assistance of the International Labour Office in 1988-90. The Committee invites the Government to approach the Regional Office in Lima to settle the details of any further technical cooperation.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 8, paragraph 3, of the Convention. In reply to the Committee’s previous observation, the Government indicates, in a report received in September 2003, that no progress has been made at the legislative level to secure compensatory rest for workers employed on the weekly rest day. In the absence of any progress, the Committee is bound to repeat its previous observation, which read as follows:

The Committee notes with regret that the Government has taken no steps to bring the national legislation into line with the provisions of Article 8, paragraph 3, of the Convention under which compensatory rest of a duration at least equivalent to the period provided for under Article 6 must be granted, without prejudice to any monetary compensation, where temporary exemptions are made in respect of weekly rest. It recalls that since 1976 it has been commenting on the need to amend to this effect section 31 of Regulatory Decree No. 244 of 1943, which provides that remuneration may be granted instead of compensatory rest. The Committee again expresses the hope that the Government will take the necessary steps to this end as soon as possible.

The Committee notes that the Government envisages amending certain provisions of the General Labour Act and hopes that the Government will take advantage of this occasion to bring section 31 of Decree No. 244 into conformity with the Convention. It hopes that the new legislation will be adopted in the near future and requests the Government to indicate any progress achieved in this respect and to provide a copy of the relevant text when it has been adopted.

The Committee also addresses a request directly to the Government on certain points.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes with regret that the Government has taken no steps to bring the national legislation into line with the provisions of Article 8, paragraph 3, of the Convention under which compensatory rest of a duration at least equivalent to the period provided for under Article 6 must be granted, without prejudice to any monetary compensation, where temporary exemptions are made in respect of weekly rest. It recalls that since 1976 it has been commenting on the need to amend to this effect section 31 of Regulatory Decree No. 244 of 1943, which provides that remuneration may be granted instead of compensatory rest. The Committee again expresses the hope that the Government will take the necessary steps to this end as soon as possible.

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

[The Government is asked to reply in detail to the present comments in 2003.]

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government has taken no steps to bring the national legislation into line with the provisions of Article 8, paragraph 3, of the Convention under which compensatory rest of a duration at least equivalent to the period provided for under Article 6 must be granted, without prejudice to any monetary compensation, where temporary exemptions are made in respect of weekly rest. It recalls that since 1976 it has been commenting on the need to amend to this effect section 31 of Regulatory Decree No. 244 of 1943, which provides that remuneration may be granted instead of compensatory rest. The Committee again expresses the hope that the Government will take the necessary steps to this end as soon as possible.

[The Government is asked to report in detail in 2002.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's last report and notes the information according to which the Government is considering amending section 31 of Regulating Decree No. 244 of 1943. In this regard, the Committee wishes to draw the Government's attention to the fact that since 1976 it has been commenting on the need to bring national legislation into conformity with the provisions of Article 8, paragraph 3, of the Convention, which provides for compensatory rest of a total duration at least equivalent to the period provided for under Article 6, irrespective of any financial compensation paid, where temporary exemptions to the weekly rest provisions are made. The Committee once again expresses the hope that the Government will take the necessary measures in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observations on the need to take measures to give full effect to Article 8, paragraph 3, of the Convention concerning compensatory rest, the Committee referred to the Government's indication that the General Labour Law was in the process of revision with the technical assistance of the ILO. The Government indicates in its last report that there have been no changes with regard to the application of the provisions of the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

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

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observations on the need to take measures to give full effect to Article 8, paragraph 3, of the Convention concerning compensatory rest, the Committee referred to the Government's indication that the General Labour Law was in the process of revision with the technical assistance of the ILO. The Government indicates in its last report that there have been no changes with regard to the application of the provisions of the Convention. The Committee once again trusts that the new legislation will be adopted as soon as possible in order to ensure full compliance with the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

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

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

In its previous observations on the need to take measures to give full effect to Article 8, paragraph 3 of the Convention concerning compensatory rest, the Committee referred to the Government's indication that the General Labour Law was in the process of revision with the technical assistance of the ILO. The Government indicates in its last report that there have been no changes with regard to the application of the provisions of the Convention. The Committee once again trusts that the new legislation will be adopted as soon as possible in order to ensure full compliance with the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

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

The Government is asked to report in detail in 1996.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In its previous observations on the need to take measures to give full effect to Article 8, paragraph 3, of the Convention concerning compensatory rest, the Committee referred to the Government's indication that the General Labour Law was in the process of revision with the technical assistance of the ILO. The Government indicates in its last report that there have been no changes with regard to the application of the provisions of the Convention. The Committee once again trusts that the new legislation will be adopted as soon as possible in order to ensure full compliance with the Convention. It also hopes that the Government will soon indicate the concrete steps taken in this regard and supply copies of the relevant legislative text.

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

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee has for several years been making comments on the need to take measures to give full effect to Article 8(3) of the Convention concerning compensatory rest. The Government indicates in its report that these comments are taken into account in the preliminary draft revising the General Labour Law, prepared with the technical assistance of the ILO. The Committee trusts that the new legislation will be adopted as soon as possible, that it will ensure compliance with the Convention, and that the Government will provide full details.

Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its last report concerning the new General Labour Act prepared with the technical assistance of the ILO. It trusts that this legislation will be adopted in the near future and that it will take into account the Committee's previous comments concerning the application of Article 8, paragraph 3, of the Convention which provides for compensatory rest irrespective of any supplementary payment in the event of work on a weekly rest day.