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.

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

Articles 2 and 3 of the Convention. Prohibition of night work for women. The Committee has been drawing the Government’s attention for several years to sections 46 and 60 of the General Labour Act which are not fully aligned with the requirements of the Convention, particularly the duration of the night period and the exemption possibilities with respect to the prohibition of night work for women. However, beyond the legislative conformity with the provisions of the Convention, the Committee has also been drawing attention to the fact that protective measures for female workers, such as blanket prohibitions or restrictions – as contrasted to special measures aimed at protecting women’s reproductive and maternal capacity – are increasingly subjected to extensive criticism as obsolete and unnecessary infringements of the fundamental principle of equality of opportunity and treatment between men and women. The Committee recalls in this connection that, should the Government decide in the context of preparing the new General Labour Act to remove all restrictions on women’s night work for reasons of equality between men and women and non discrimination in employment and occupation, it may wish to consider the ratification of the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument and which focuses on the safety and health protection of all night workers irrespective of gender in all branches and occupations. In case the Government decides that the latter instrument better reflects the socio-economic needs of the country and corresponds more closely to the Government’s priorities in matters of women’s employment promotion, it will have to formally terminate its obligations under Convention No. 89 when the Convention will next be open to denunciation, as from 27 February 2021. The Committee accordingly requests the Government to keep the Office informed of any decision taken or envisaged concerning the possible ratification of Convention No. 171 and the eventual denunciation of Convention No. 89.

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

Articles 3 and 6(1)(a) and (b) of the Convention. Permanent exceptions, intermittent work. Overtime. The Committee requests the Government to refer to the comments made under Article 7(1)(a) and (2) of the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30).

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

Article 7(1)(a) of the Convention. Permanent exceptions. Intermittent work. The Committee recalls that, under the terms of section 46 of the General Labour Act, the limits of maximum hours of work of 48 hours in the week and eight hours in the day do not apply to persons engaged in discontinuous work, who may work for up to 12 hours a day. The Committee notes, however, the Government’s indications that no text specifies the types of work covered by this exception. In this respect, the Committee recalls that, under Article 7(1)(a) of the Convention, regulations made by the public authority shall determine the permanent exceptions which may be allowed for classes of persons whose work is intermittent. The Committee asks the Government to take the necessary measures to determine the types of work covered by this exception.

Article 7(2). Additional hours of work. Further to its previous comments, the Committee recalls that the possibility of working additional hours under section 37 of Decree No. 224 of 1943 is covered by the temporary exceptions allowed under Article 7(2)(a) of the Convention. However, under the terms of section 50 of the General Labour Act, the possibility of working additional hours up to a maximum of two hours per day does not appear to be limited to the cases provided for in section 37 of Decree No. 224, a point on which the Committee has been commenting for more than 30 years. The Committee hopes that, in the context of drafting the new General Labour Act, the Government will take the necessary legislative measures to limit temporary exceptions to the rules on working hours to the cases provided for in Article 7(2) of the Convention.

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

Article 5 of the Convention. Compensatory rest. The Committee requests the Government to refer to the comments made under Article 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

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 5 of the Convention. Compensatory rest. Further to its previous comments concerning section 31 of Decree No. 244 of 1943 regulating the General Labour Act, which applies to all workers except agricultural workers, the Committee requests the Government to refer to its comments concerning Article 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

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.

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

Article 7, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes the adoption of the new national Constitution on 7 February 2009, which implies the modification of many legislative texts, including the General Labour Act, which is under preparation. Further to its previous comment concerning intermittent work, the Committee notes the Government’s indication that, under the terms of section 46 of the General Labour Act and its implementing Decree No. 244 of 1943, permanent exceptions to daily hours of work include, listed exhaustively, persons engaged in positions of direction, trust or supervision, as well as persons engaged in discontinuous work. The Committee notes that the Government has not provided any indication of the types of work concerned by this exception and which are considered to be intermittent within the meaning of Article 7(1)(a) of the Convention. While recalling that, under the terms of this Article of the Convention, regulations made by the public authority shall determine the permanent exceptions which may be allowed for (i) certain classes of persons whose work is intermittent (such as caretakers and persons employed to look after working premises and warehouses), and (ii) classes of persons directly engaged in preparatory or complementary work (which must necessarily be carried on outside the limits laid down for the hours work of the rest of the persons employed in the establishment), the Committee once again requests the Government to indicate the types of work covered by this exception.

Article 7, paragraph 2. Additional hours of work. Further to its previous comments concerning the possibility of working additional hours under section 37 of Decree No. 244 of 1943, the Committee notes that the Government has not provided any information on this point. It recalls in this respect that the Convention only allows the granting of temporary exceptions to rules on working hours in specific cases, namely, in unforeseen cases, to prevent accidents or for the urgent repair of machinery; to prevent the loss of perishable goods or avoid endangering the technical results of the work; to allow for special work; or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances. The Committee hopes that the Government will take its comments into account in the process of preparing the new General Labour Act, particularly by amending section 50 of the General Labour Act, as the Committee has been requesting it to do for many years, and that it will confine the possibility of working additional hours to the cases envisaged by the Convention. The Committee requests the Government to keep the Office informed of any developments in the preparation of the new General Labour Act and to provide a copy of the text once it has been finalized. It recalls that the Government may, if it so wishes, avail itself of the technical assistance of the ILO, through its Regional Office in Lima, with regard to the necessary legislative amendments for the full application of the provisions of the Convention.

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

Article 3 of the Convention. Prohibition of night work of women. The Committee has been drawing the Government’s attention to the fact that Convention No. 89 is widely criticized as being contrary to the overriding principle of gender equality and restricting the individual worker’s freedom of choice on working time solely on the basis of sex. For this reason, the International Labour Conference decided to partially revise the Convention by adopting the 1990 Protocol to Convention No. 89, and also adopted a new Night Work Convention, 1990 (No. 171), which no longer applies to a specific category of workers and sector of economic activity but to all night workers irrespective of gender in all branches and occupations. For the same reasons, the Committee has been inviting States parties to the Convention to ratify either the Protocol if they considered that women’s protection from the harmful effects and risks of night work was still relevant, or the new Night Work Convention if they were prepared to eliminate all restrictions on night work for women.

The Committee recalls, in this connection, paragraphs 168–169 of its 2001 General Survey on the night work of women in industry, in which it noted that the full realization of the principle of non-discrimination requires the repealing of all laws and regulations which apply different legal prescriptions to men and women, except for those related to pregnancy and maternity. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically Bolivia is a party since June 1990), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

In its last report, the Government indicates that the new Constitution, which was promulgated on 7 February 2009, establishes a new hierarchy among legal norms placing international treaties before national laws, statutes and decrees. The Government adds that in preparing the new General Labour Act, the Ministry of Labour, Employment and Social Protection will consider the suggestions of the Committee. The review of the content and scope of each of the two instruments adopted in 1990 would clarify fundamental options of the new General Labour Act that is currently being drafted. In light of these observations, the Committee invites the Government in consultation with the social partners, to consider the possibility of ratifying the Night Work Convention, 1990 (No. 171), which applies to all night workers in all branches and occupations. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

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

Article 6, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes the adoption of the new National Constitution on 7 February 2009 which implies amending numerous legislative texts, including the General Labour Act which is in the process of being formulated. Further to its previous comments on intermittent work, the Committee notes that, according to the Government, section 46 of the General Labour Act and its implementing Decree, No. 244 of 1943, list exhaustively the permanent exceptions to daily working hours, which apply to persons holding management positions, positions of trust and supervisory posts, as well as persons whose work is discontinuous. The Committee notes that the Government provides no information on the types of job concerned by this exception which are deemed to be intermittent within the meaning of Article 6(1)(a) of the Convention. While recalling that, under this provision of the Convention, regulations made by public authority shall determine by industry or occupation the permanent exceptions that may be allowed in preparatory or complementary work (i.e. work which must necessarily be carried on outside the limits laid down for the general working of an establishment) or for certain classes of workers whose work is essentially intermittent, and the number of additional hours authorized and the rate of pay for overtime, the Committee again asks the Government to state the types of work that are covered by this exception.

Articles 3 and 6, paragraph 1(b). Overtime. The Committee notes that the Government provides no information on the limiting of overtime to the instances specifically listed at section 37 of Decree No. 244 of 1943. The Committee hopes that the Government will take account of its comments in formulating the new General Labour Act, in particular by amending section 50 of the General Labour Act, as the Committee has been requesting for many years, and that it will limit the possibility of overtime work to the instances allowed by the Convention, namely: (i) in case of accident, actual or threatened; (ii) in case of urgent work to be done to machinery or plant; (iii) in case of force majeure, but only so far as may be necessary to avoid serious interference with the ordinary working of the undertaking; and (iv) to enable establishments to deal with exceptional cases of pressure of work. The Committee requests the Government to keep the Office informed of any developments in the preparation of the new General Labour Act and to provide a copy of the text as soon as it has been finalized. It reminds the Government that, should it so wish, it may seek technical assistance from the ILO through its Regional Office in Lima, in making the necessary legislative amendments to give full effect to the provisions of the Convention.

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 5 of the Convention. The Committee notes that the Government is requesting the Office’s technical and logistical assistance. It recalls that a draft Labour Code was completed with the assistance of the International Labour Office in 1988–1990. The Committee invites the Government to approach the Regional Office in Lima to examine the details of any further technical cooperation.

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

Article 6, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 8 December 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Articles 3 and 6, paragraph 1(b). Additional hours of work. The Committee notes that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow up to two additional hours of work a day under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee notes that the exception in section 37 is covered by the exceptions allowed under Article 3 of the Convention. However, the Committee also notes that according to the Government’s report the internal rules of enterprises specify the hours of work and the circumstances in which additional hours of work may exceptionally be authorized. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244. It again recalls that Article 6, paragraph 1(b), of the Convention allows the granting of temporary exceptions to the rules on hours of work only in order to enable establishments to deal with cases of abnormal pressure of work. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

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

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 5 of the Convention. The Government indicated in its last report that no progress had been made at the legislative level in guaranteeing compensatory periods of rest for workers employed on the weekly rest day. The Committee recalls that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 (a regulation issued under the General Labour Act) allows more latitude to the employer than is envisaged under the Convention. The Committee is bound to highlight with regret that since 1966 the Government has been indicating that amendments to the Labour Act will bring the national legislation into conformity with Article 5 of the Convention. The Committee notes that despite its numerous direct requests and observations for the past 34 years, the Government mentioned in its last report that the amendment of the General Labour Act is under preparation and will be completed within a “reasonable period”. The Committee urges the Government to continue its tripartite consultations and to take all the necessary measures to bring section 31 of Decree No. 244 (regulation issued under the General Labour Act) into conformity with the Convention. It hopes that new legislation will be adopted in the near future and requests the Government to indicate any progress made in this respect and to provide a copy of the relevant text once it has been adopted.

The Committee is also addressing a request directly to the Government on certain matters.

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

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

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:

Article 7(1)(a) of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Article 7(2). Additional hours of work. The Committee notes that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow additional hours of work under any circumstances. It also notes that in support of that assertion, the Government referred, in its 2005 report, to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee observes that the exception set forth in section 37 is covered by the exceptions allowed in Article 7, paragraph 2(a), of the Convention.

However, the Committee also notes two judgements of the Constitutional Court of Bolivia, attached to the Government’s report submitted in 2005 regarding Convention No. 1 (judgement No. 149 of 26 April 2002, Maria Lourdes Villegas de Aguirre v. Banco del Estado en Liquidación, and judgement No. 257 of 10 November 2001, Humberto Rodríquez v. Ex-Banco del Estado). In both decisions the Court held that the definition of overtime (horas extraordinarias) implied that such work was “out of the ordinary” and performed occasionally. The Court also ruled that it was for employers to prove that they needed to impose overtime and that overtime must be authorized by the labour inspector. The Committee notes that the above decisions make no reference to unforeseeable circumstances, accident prevention or urgent repair of machinery. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244.

The Committee points out that Article 7, paragraph 2, of the Convention allows the granting of temporary exceptions to rules on working hours (apart from the cases of unforeseeable circumstances, accident prevention or urgent repair of machinery) only in the following cases: in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; in order to allow for special work (stocktaking, preparation of balance sheets, closing of accounts, etc.); or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances. While noting the statement in the report submitted in 2005 by the Government that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

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

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:

The Committee recalls its previous comments in which it noted that the night period provided for in section 46 of the General Labour Act is not consistent with the 11-hour minimum nightly rest required under Article 2 of the Convention, whereas section 60 of the General Labour Act refers to broader exemption possibilities than those specifically allowed by the Convention. With reference to the ongoing process of revision of the General Labour Act, the Committee notes the Government’s request for technical assistance to the work of the tripartite committee responsible for amending the Act in conformity with the suggestions of the Committee of Experts.

The Committee takes this opportunity to refer to paragraphs 191 to 202 of its General Survey of 2001 on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a general prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee once again invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female employees and requests the Government to keep the Office informed of any decision taken in this respect. Finally, the Committee trusts that the Government may draw on the Office’s technical cooperation and expert advice in amending its labour legislation in line with the preceding observations and expresses the firm hope that the Government will be in a position to indicate substantial progress in this regard in the very near future.

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

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.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 6, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 8 December 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Articles 3 and 6, paragraph 1(b). Additional hours of work. The Committee notes from the information supplied by the Government in its last report that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow up to two additional hours of work a day under any circumstances. It also notes that in support of that assertion, the Government referred to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee notes that the exception in section 37 is covered by the exceptions allowed under Article 3 of the Convention. However, the Committee also notes that according to the Government’s report the internal rules of enterprises specify the hours of work and the circumstances in which additional hours of work may exceptionally be authorized. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244. It again recalls that Article 6, paragraph 1(b), of the Convention allows the granting of temporary exceptions to the rules on hours of work only in order to enable establishments to deal with cases of abnormal pressure of work. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

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

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 7, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Article 7, paragraph 2. Additional hours of work. The Committee notes that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow additional hours of work under any circumstances. It also notes that in support of that assertion, the Government referred, in its 2005 report, to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee observes that the exception set forth in section 37 is covered by the exceptions allowed in Article 7, paragraph 2(a), of the Convention.

However, the Committee also notes two judgments of the Constitutional Court of Bolivia, attached to the Government’s report submitted in 2005 regarding Convention No. 1 (judgment No. 149 of 26 April 2002, Maria Lourdes Villegas de Aguirre v. Banco del Estado en Liquidación, and judgement No. 257 of 10 November 2001, Humberto Rodríquez v. Ex-Banco del Estado). In both decisions the Court held that the definition of overtime (horas extraordinarias) implied that such work was “out of the ordinary” and performed occasionally. The Court also ruled that it was for employers to prove that they needed to impose overtime and that overtime must be authorized by the labour inspector. The Committee notes that the above decisions make no reference to unforeseeable circumstances, accident prevention or urgent repair of machinery. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244.

The Committee points out that Article 7, paragraph 2, of the Convention allows the granting of temporary exceptions to rules on working hours (apart from the cases of unforeseeable circumstances, accident prevention or urgent repair of machinery) only in the following cases: in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; in order to allow for special work (stocktaking, preparation of balance sheets, closing of accounts, etc.); or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances. While noting the statement in the report submitted in 2005 by the Government that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Article 6, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 8 December 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Articles 3 and 6, paragraph 1(b). Additional hours of work. The Committee notes from the information supplied by the Government in its report that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow up to two additional hours of work a day under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee notes that the exception in section 37 is covered by the exceptions allowed under Article 3 of the Convention. However, the Committee also notes that according to the Government’s report the internal rules of enterprises specify the hours of work and the circumstances in which additional hours of work may exceptionally be authorized. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244. It again recalls that Article 6, paragraph 1(b), of the Convention allows the granting of temporary exceptions to the rules on hours of work only in order to enable establishments to deal with cases of abnormal pressure of work. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

Part VI of the report form. The Committee notes the information supplied by the Government on the practical application of the Convention, including the court decisions regarding payment of additional hours of work, copies of which were attached to the report. The Government is invited to continue to provide such information, more particularly on the construction and manufacturing industries, where, according to the Government, overtime occurs most frequently. For example, the Government might send extracts of inspection reports and, if possible, information on the number and nature of contraventions of the rules on working hours.

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

Article 7, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Article 7, paragraph 2. Additional hours of work. The Committee notes from the information supplied by the Government in its report that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow additional hours of work under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee observes that the exception set forth in section 37 is covered by the exceptions allowed in Article 7, paragraph 2(a), of the Convention.

However, the Committee also notes two judgements of the Constitutional Court of Bolivia, attached to the Government’s report regarding Convention No. 1 (judgement No. 149 of 26 April 2002, Maria Lourdes Villegas de Aguirre v. Banco del Estado en Liquidación, and judgement No. 257 of 10 November 2001, Humberto Rodríquez v. Ex-Banco del Estado). In both decisions the Court held that the definition of overtime (horas extraordinarias) implied that such work was “out of the ordinary” and performed occasionally. The Court also ruled that it was for employers to prove that they needed to impose overtime and that overtime must be authorized by the labour inspector. The Committee notes that the above decisions make no reference to unforeseeable circumstances, accident prevention or urgent repair of machinery. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244.

The Committee points out that Article 7, paragraph 2, of the Convention allows the granting of temporary exceptions to rules on working hours (apart from the cases of unforeseeable circumstances, accident prevention or urgent repair of machinery) only in the following cases: in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; in order to allow for special work (stocktaking, preparation of balance sheets, closing of accounts, etc.); or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

Part V of the report form. The Government is invited to continue to provide information on the application of the Convention in practice, including extracts of inspection reports and, if possible, data on the number and nature of breaches of the rules on working hours.

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

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 6, paragraph 1(a), of the Convention. Permanent exceptions - intermittent work. The Committee notes that under section 46 of the General Labour Act of 8 December 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Articles 3 and 6, paragraph 1(b). Additional hours of work. The Committee notes from the information supplied by the Government in its report that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow up to two additional hours of work a day under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only "in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant". The Committee notes that the exception in section 37 is covered by the exceptions allowed under Article 3 of the Convention. However, the Committee also notes that according to the Government’s report the internal rules of enterprises specify the hours of work and the circumstances in which additional hours of work may exceptionally be authorized. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244. It again recalls that Article 6, paragraph 1(b), of the Convention allows the granting of temporary exceptions to the rules on hours of work only in order to enable establishments to deal with cases of abnormal pressure of work. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

Part VI of the report form. The Committee notes the information supplied by the Government on the practical application of the Convention, including the court decisions regarding payment of additional hours of work, copies of which were attached to the report. The Government is invited to continue to provide such information, more particularly on the construction and manufacturing industries, where, according to the Government, overtime occurs most frequently. For example, the Government might send extracts of inspection reports and, if possible, information on the number and nature of contraventions of the rules on working hours.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 7, paragraph 1(a), of the Convention. Permanent exceptions - intermittent work. The Committee notes that under section 46 of the General Labour Act of 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Article 7, paragraph 2. Additional hours of work. The Committee notes from the information supplied by the Government in its report that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow additional hours of work under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only "in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant". The Committee observes that the exception set forth in section 37 is covered by the exceptions allowed in Article 7, paragraph 2(a), of the Convention.

However, the Committee also notes two judgements of the Constitutional Court of Bolivia, attached to the Government’s report regarding Convention No. 1 (judgement No. 149 of 26 April 2002, Maria Lourdes Villegas de Aguirre v. Banco del Estado en Liquidación, and judgement No. 257 of 10 November 2001, Humberto Rodríquez v. Ex-Banco del Estado). In both decisions the Court held that the definition of overtime (horas extraordinarias) implied that such work was "out of the ordinary" and performed occasionally. The Court also ruled that it was for employers to prove that they needed to impose overtime and that overtime must be authorized by the labour inspector. The Committee notes that the above decisions make no reference to unforeseeable circumstances, accident prevention or urgent repair of machinery. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244.

The Committee points out that Article 7, paragraph 2, of the Convention allows the granting of temporary exceptions to rules on working hours (apart from the cases of unforeseeable circumstances, accident prevention or urgent repair of machinery) only in the following cases: in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; in order to allow for special work (stocktaking, preparation of balance sheets, closing of accounts, etc.); or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

Part V of the report form. The Government is invited to continue to provide information on the application of the Convention in practice, including extracts of inspection reports and, if possible, data on the number and nature of breaches of the rules on working hours.

[The Government is asked to reply in detail to the present comments in 2006.]

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

Article 5 of the Convention. Further to its observation on the same Convention, the Committee notes that the Government is requesting the Office’s technical and logistical assistance. It recalls that a draft Labour Code was completed with the assistance of the International Labour Office in 1988-1990. The Committee invites the Government to approach the Regional Office in Lima to examine the details of any further technical cooperation.

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 2004, published 93rd ILC session (2005)

Article 5 of the Convention. In reply to the Committee’s previous observation, the Government indicates in its report received in September 2003 that no progress has been made at the legislative level in guaranteeing compensatory periods of 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 recalls that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 (a regulation issued under the General Labour Act) allows more latitude to the employer than is envisaged under the Convention. The Committee is bound to highlight with regret that since 1966 the Government has been indicating that amendments to the Labour Act will bring the national legislation into conformity with Article 5 of the Convention. The Committee notes that despite its numerous direct requests and observations for the past 34 years, the Government mentioned in its last report that the amendment of the General Labour Act is under preparation and will be completed within a "reasonable period".

The Committee urges the Government to continue its tripartite consultations and to take all the necessary measures to bring section 31 of Decree No. 244 (regulation issued under the General Labour Act) into conformity with the Convention in the near future. It hopes that new legislation will be adopted in the near future and requests the Government to indicate any progress made in this respect and to provide a copy of the relevant text once it has been adopted.

The Committee is also addressing a request directly to the Government on certain matters.

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

The Committee recalls its previous comments in which it noted that the night period provided for in section 46 of the General Labour Act is not consistent with the 11-hour minimum nightly rest required under Article 2 of the Convention, whereas section 60 of the General Labour Act refers to broader exemption possibilities than those specifically allowed by the Convention. With reference to the ongoing process of revision of the General Labour Act, the Committee notes the Government’s request for technical assistance to the work of the tripartite committee responsible for amending the Act in conformity with the suggestions of the Committee of Experts.

The Committee takes this opportunity to refer to paragraphs 191 to 202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a general prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. In this respect, the Committee considered that the Protocol of 1990 to Convention No. 89 was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers. It also suggested that greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify the new Night Work Convention, 1990 (No. 171), to realize the advantages of modernizing their legislation in line with the provisions of the Protocol. Therefore, the Committee once again invites the Government to give favourable consideration to the ratification of the 1990 Protocol which affords greater flexibility in the application of the Convention while remaining focused on the protection of female employees and requests the Government to keep it informed of any decision taken in this respect. Finally, the Committee trusts that the Government may draw on the Office’s technical cooperation and expert advice in amending its labour legislation in line with the preceding observations and expresses the firm hope that the Government will be in a position to indicate substantial progress in this regard in the very near future.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Government indicates the difficulties which have continued to prevent it from revising the General Labour Code of 1942 in line with the Committee’s previous comments. The Committee, nevertheless, cannot but regret once again that the Government has not retained the General Labour Bill drawn up with ILO technical assistance.

The Committee has for a considerable number of years been referring to section 50 of the above Act which provides that the labour inspectorate may authorize up to two additional hours of work per day under any circumstances, whereas under the provisions of Article 7 of the Convention temporary exceptions to the normal working day may only be granted in the event of abnormal pressures of work determined under paragraph 2(b), (c) and (d), and paragraph 3 of the same Article provides that a maximum number of additional hours of work which may be allowed in the day and in the year must be determined.

The Committee notes the Government’s renewed request for technical assistance to be provided to a tripartite committee in charge of the revision of the relevant national law. It again expresses the hope that any results achieved will be translated into action very soon.

[The Government is asked to report in detail in 2005.]

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Government indicates the difficulties, which have continued to prevent it from revising the General Labour Code of 1942 in line with the Committee’s previous comments. The Committee, nevertheless, cannot but regret once again that the Government has not retained the General Labour Bill, drawn up with ILO technical assistance.

The Committee has for a considerable number of years been commenting on section 50 of the above Act, which provides that the labour inspectorate may authorize up to two additional hours of work per day under any circumstances. It reiterates that this provision is inconsistent with Article 6, paragraphs 1(b) and 2, of the Convention, which only admits temporary exceptions to the normal working day in the event of abnormal pressure of work and on condition that the maximum of additional hours which may be authorized is determined in each case in regulations made by public authority.

The Committee notes the Government’s renewed request for technical assistance to be provided to a tripartite committee in charge of the revision of the relevant national law. It again expresses the hope that any results achieved will be translated into action very soon.

[The Government is asked to report in detail in 2005.]

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 2001, published 90th ILC session (2002)

The Committee notes the information contained in the Government’s report. Referring to its observation of 1998 the Committee notes the information supplied in particular about possible agreements between employers and workers to grant compensatory rest in accordance with Article 5 of the Convention.

Article 5 of the Convention. The Committee recalls that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 (a regulation issued under the General Labour Law) allows more latitude to the employer than is envisaged under the Convention. The Committee must highlight with regret that since 1966 the Government indicates that amendments to the Labour Law will provide new regulations to bring the national legislation into conformity with Article 5 of the Convention. The Committee notes that despite its numerous direct requests and observations during the last 34 years, the Government mentioned in its last report that the amendment of the General Labour Law is under preparation and will be finished within a "reasonable period". The Committee reiterates its hope that the Government will make every effort to adopt the necessary measures in the very near future. It hopes that the new legislation will be adopted as soon as possible with a provision to ensure that workers employed on a weekly rest day are granted compensatory rest. It requests the Government to continue to indicate the progress achieved in this respect and to supply a copy of the relevant text, when it is adopted.

Part VI of the report form. The Committee further notes that in the last report no information was supplied whether the report has been communicated to representative organizations of employers and workers and whether any observations have been received from these organizations.

The Committee requests the Government to supply full information on this point, as requested in the report form and article 23, paragraph 2, of the ILO Constitution.

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 2000, published 89th ILC session (2001)

The Committee takes due note of the information supplied by the Government in its report.

The Committee recalls its previous comments in which it noted that, according to article 46 of the General Labour Act of 26 May 1939 as amended, night work is defined as any work performed between 8 p.m. and 6 a.m., that is a period of ten hours, whereas Article 2 of the Convention provides that the term "night" signifies a period of at least 11 consecutive hours. In addition, the Committee has been requesting the Government for many years to clarify the exact meaning of article 60 of the above Act according to which the prohibition of night work does not apply to "other forms of work to be determined".

In its report, the Government states that the exemption referred to in article 60 relates to women employed in certain branches of activity such as the health sector, radio and television media, telecommunications, and civil or commercial aviation. The Committee takes note of this information but once again recalls that the only exceptions allowed by the Convention are those specifically provided for under Articles 3, 4, 5 and 8. Furthermore, the Committee observes that under article 52 of the regulations relative to the General Labour Act, Decree of 23 August 1943, the Minister of Labour may grant special authorizations "in specific cases" which again shows the need to ensure that any exceptions to the night work prohibition meet the strict requirements of the provisions of the Convention.

The Committee also notes that the Government refers once more to the ongoing process of revision of the labour legislation. It recalls that since 1993 a preliminary draft of the new General Labour Act had been elaborated which, according to the Government’s indications, would have taken into consideration the comments of the Committee in order to bring the national legislation into conformity with the international labour Conventions ratified by Bolivia.

The Committee trusts that the necessary measures will be adopted without further delay to eliminate the discrepancies to which the Committee has been drawing attention for some time past. It requests the Government to keep it informed of any progress achieved in this regard.

The Committee also wishes to draw the Government’s attention to the Protocol of 1990 to Convention No. 89, which offers greater flexibility in the application of this Convention.

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

The Committee notes the information provided by the Government in its report on the application of the Convention. It regrets the fact that the General Labour Bill, drawn up with the technical assistance of the ILO over several years, has not been endorsed by the Government. It therefore regrets that no progress has been achieved in bringing certain points of the General Labour Act of 1942 into conformity with the provisions of the Convention.

The Committee wishes to recall that for very many years it has been commenting on the fact that section 50 of the General Labour Act, which provides that the labour inspectorate may authorize up to two additional hours of work a day under any circumstances, is not in conformity with Article 6, paragraphs 1(b) and 2, of the Convention, which only admits temporary exceptions to deal with exceptional cases of pressure of work and on the condition that the maximum of additional hours which may be authorized is determined in each case in regulations made by public authority.

The Committee trusts that the Government will not fail to keep the ILO informed of the progress made in the revision of the General Labour Act and that it will be able to bring its legislation into conformity with the provisions of the Convention as soon as possible.

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

The Committee notes the indications contained in the Government's response to its previous comments and, in particular, the Government's statement to the effect that it will duly take into account the Committee's comment, in particular in respect of the application of Convention No. 14, during its revision of the General Labour Law. The Committee trusts the Government will provide full information in its next report in respect of the questions raised in the Committee's previous observation which read follows:

In earlier comments, the Committee noted that under section 31 of Decree No. 244 of 1943 (a regulation issued under the General Labour Law), an employer may grant to a worker, in the event of work on the weekly rest day, either compensatory rest or compensatory remuneration. In a report received in February 1991, the Government indicated that the General Labour Law was in the process of revision with the technical assistance of the ILO. In its report for 1994 on the application of several Conventions, including Convention No. 14, the Government indicates there have been no legislative changes.

The Committee must recall that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 allows more latitude to the employer than is envisaged under the Convention. It hopes that the new legislation will be adopted as soon as possible, with a provision to ensure that workers employed on a weekly rest day are granted a compensatory rest. It requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted.

The Committee also requests the Government to refer to the comments that it has made under Convention No. 106.

The Committee again reiterates its hope that the Government will make every effort to adopt the necessary measures in the very near future.

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

The Committee notes the information provided by the Government in its report on the application of the Convention. It regrets that the General Labour Bill, drawn up with the ILO technical assistance over a period of years, has not been retained by the Government. Consequently, the Committee regrets that no progress has been achieved to bring certain provisions of the General Labour Act of 1942 into conformity with the provisions of the Convention.

In this regard, the Committee draws the Government's attention to the fact that the Committee has for a considerable number of years been referring to section 50 of the above Act which provides that the labour inspectorate may authorize up to two additional hours of work per day under any circumstances, whereas under the provisions of Article 7 of the Convention temporary exceptions to the normal working day may only be granted in the event of abnormal pressures of work determined under paragraph 2(b), (c) and (d), and paragraph 3 of the same Article provides that a maximum number of additional hours of work which may be allowed in the day and in the year must be determined.

The Committee trusts that the Government will not fail to keep the ILO informed of developments in the revision of the General Labour Bill and that it will bring its legislation into conformity with the provisions of the Convention in the near future.

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 earlier comments, the Committee noted that under section 31 of Decree No. 244 of 1943 (a regulation issued under the General Labour Law), an employer may grant to a worker, in the event of work on the weekly rest day, either compensatory rest or compensatory remuneration. In a report received in February 1991, the Government indicated that the General Labour Law was in the process of revision with the technical assistance of the ILO. In its report for 1994 on the application of several Conventions, including Convention No. 14, the Government indicates there have been no legislative changes. The Committee must recall that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 allows more latitude to the employer than is envisaged under the Convention. It hopes that the new legislation will be adopted as soon as possible, with a provision to ensure that workers employed on a weekly rest day are granted a compensatory rest. It requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted. The Committee also requests the Government to refer to the comments that it has made under Convention No. 106.

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 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 earlier comments, the Committee noted that under section 31 of Decree No. 244 of 1943 (a regulation issued under the General Labour Law), an employer may grant to a worker, in the event of work on the weekly rest day, either compensatory rest or compensatory remuneration. In a report received in February 1991, the Government indicated that the General Labour Law was in the process of revision with the technical assistance of the ILO. In its report for 1994 on the application of several Conventions, including Convention No. 14, the Government indicates there have been no legislative changes. The Committee must recall that Article 5 of the Convention, provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 allows more latitude to the employer than is envisaged under the Convention. It hopes that the new legislation will be adopted as soon as possible, with a provision to ensure that workers employed on a weekly rest day are granted a compensatory rest. It requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted. The Committee also requests the Government to refer to the comments that it has made under Convention No. 106.

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 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 earlier comments, the Committee noted that under section 31 of Decree No. 244 of 1943 (a regulation issued under the General Labour Law), an employer may grant to a worker, in the event of work on the weekly rest day, either compensatory rest or compensatory remuneration. In a report received in February 1991, the Government indicated that the General Labour Law was in the process of revision with the technical assistance of the ILO. In its report for 1994 on the application of several Conventions, including Convention No. 14, the Government indicates there have been no legislative changes.

The Committee must recall that Article 5 of the Convention, provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 allows more latitude to the employer than is envisaged under the Convention. It hopes that the new legislation will be adopted as soon as possible, with a provision to ensure that workers employed on a weekly rest day are granted a compensatory rest. It requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted.

The Committee also requests the Government to refer to the comments that it has made under Convention No. 106.

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 earlier comments, the Committee noted that under section 31 of Decree No. 244 of 1943 (a regulation issued under the General Labour Law), an employer may grant to a worker, in the event of work on the weekly rest day, either compensatory rest or compensatory remuneration. In a report received in February 1991, the Government indicated that the General Labour Law was in the process of revision with the technical assistance of the ILO. In its report for 1994 on the application of several Conventions, including Convention No. 14, the Government indicates there have been no legislative changes. The Committee must recall that Article 5 of the Convention, provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 allows more latitude to the employer than is envisaged under the Convention. It hopes that the new legislation will be adopted as soon as possible, with a provision to ensure that workers employed on a weekly rest day are granted a compensatory rest. It requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted. The Committee also requests the Government to refer to the comments that it has made under Convention No. 106.

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

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.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report.

In its previous comments, the Committee referred to the following points: (a) the definition of the night period during which the work of women is prohibited and which, in accordance with section 46 of the General Labour Act, is from 8 p.m. to 6 a.m., making ten hours, whereas Article 2 of the Convention envisages 11 consecutive hours; (b) the specification of the "other work" referred to in section 60 of the above Act, and which is exempt from the prohibition provided for in the Act.

The Government states in its report that the Committee's comments were taken into account, including those relating to the Convention, in the preliminary draft of the new General Labour Act, drafted by a commission of Bolivian jurists with the technical cooperation of the ILO. The Committee notes this information and requests the Government to continue supplying information on any progress achieved in this respect.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee has been formulating comments, since many years, on the necessity to take measures to give full effect to several provisions of Conventions Nos. 1, 20 and 30.

The Government reiterates in the reports provided this year that these comments have been taken into account in the preliminary draft of the new General Labour Law, prepared with the technical assistance of the ILO. Furthermore, it states that the preliminary draft has been sent to the central organizations of employers and workers (CEPB and COB) for their comments, before the finalized draft is submitted to the National Congress for adoption. The Committee trusts that the new legislation will be adopted in the near future and that it will be in full conformity with the above-mentioned Conventions. It requests the Government to supply detailed information on all relevant developments on the matter.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

See under Convention No. 1, as follows:

The Committee has been formulating comments, since many years, on the necessity to take measures to give full effect to several provisions of Conventions Nos. 1, 20 and 30.

The Government reiterates in the reports provided this year that these comments have been taken into account in the preliminary draft of the new General Labour Law, prepared with the technical assistance of the ILO. Furthermore, it states that the preliminary draft has been sent to the central organizations of employers and workers (CEPB and COB) for their comments, before the finalized draft is submitted to the National Congress for adoption. The Committee trusts that the new legislation will be adopted in the near future and that it will be in full conformity with the above-mentioned Conventions. It requests the Government to supply detailed information on all relevant developments on the matter.

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

The Committee has been formulating comments, since many years, on the necessity to take measures to give full effect to several provisions of Conventions Nos. 1, 20 and 30.

The Government indicates in the reports provided this year that these comments are taken into account in the preliminary drafts revising the General Labour Law, prepared with the technical assistance of the ILO. The Committee trusts that the new legislation will be adopted in the near future and that it will be in full conformity with the above-mentioned Conventions.

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

See under Convention No. 1, as follows:

The Committee has been formulating comments, since many years, on the necessity to take measures to give full effect to several provisions of Conventions Nos. 1, 20 and 30.

The Government indicates in the reports provided this year that these comments are taken into account in the preliminary drafts revising the General Labour Law, prepared with the technical assistance of the ILO. The Committee trusts that the new legislation will be adopted in the near future and that it will be in full conformity with the above-mentioned Conventions.

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.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee refers to its previous comments which concerned the following points: (a) definition of the night period during which the work of women is prohibited and which, in accordance with section 46 of the General Labour Act, is from 8 p.m. to 6 a.m., making ten hours, whereas Article 2 of the Convention envisages 11 consecutive hours; (b) the specification of the "other work" referred to in section 60 of the above Act, and which is exempt from the prohibition provided for in the Act.

The Committee takes note of the Government's reply in its last report, which refers to the draft provision of Convention No. 89. It points out that, as the above draft is still in the process of being discussed, the decision of the International Labour Conference at its 77th Session to which the draft will be submitted can on no grounds be prejudged.

The Committee asks the Government meanwhile to examine the possibility of taking the necessary measures to give effect to the provisions of the Convention and to report on any progress achieved in this regard.

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

The Committee has been noting for several years that section 50 of the General Labour Act, which provides that the labour inspectorate can authorise a maximum of two hours overtime per day irrespective of circumstances, is not in conformity with the provisions of Article 6, paragraphs 1(b) and 2, of the Convention. These only authorise temporary exceptions to deal with exceptional cases of pressure of work provided that the maximum number of overtime hours which may be authorised is determined in each case by public authority regulations.

The Committee notes the information supplied by the Government in its last report concerning the preparation of the new General Labour Act, with the technical assistance of the ILO. It trusts that this legislation will be adopted in the near future and that it will be in conformity with the above provisions of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1990.]

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

The Committee notes the information supplied by the Government in its last report concerning the preparation of the new General Labour Act, 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 7 of the Convention and the limitations on overtime in accordance with the conditions set forth in paragraphs 2 and 3 of the above Article.

The Government is asked to report in detail for the period ending 30 June 1990.

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.