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

Bolivia (Plurinational State of)

Protection of Wages Convention, 1949 (No. 95) (Ratification: 1977)
Minimum Wage Fixing Convention, 1970 (No. 131) (Ratification: 1977)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 95 (protection of wages) and 131 (minimum wage fixing) together.

Minimum wage

Articles 3 and 4(1) and (2) of Convention No. 131. Elements for the determination of the level of the minimum wage and full consultations with the social partners. With reference to its previous comments, the Committee notes the Government’s indication in its report that Supreme Decree No. 5383 of 1 May 2025 established the minimum wage for 2025 for workers covered by the General Labour Act and for some public institutions, following an analysis of the national and international economic context, the state of public finances, State enterprises, macroeconomic stability, public investment and production programmes. The Committee also notes that Ministerial Resolution No. 512/25 of 15 May 2025 regulates the implementation of the wage increase for all types of salaried employment contracts in the private sector, establishing 5 per cent of the basic wage as the minimum basis for negotiation. With regard to consultations, the Committee notes the Government’s indication that: (i) the negotiation mechanism through tripartite meetings is not applicable to the Bolivarian reality; and (ii) the consultation process for fixing the minimum wage began in March 2025 and involved the Bolivian Central of Workers (COB) and the Confederation of Private Employers of Bolivia (CEPB) in parallel meetings. The Committee trusts that the Government will continue its efforts to ensure full consultation with the representative organizations of employers and workers concerned in relation to minimum wage fixing machinery adapted to national conditions and requirements, in accordance with Article 4(1) and (2) of the Convention. The Committee also requests the Government to continue to provide information on the consultations held in this respect.

Wage protection

Article 8 of Convention No. 95. Deductions from wages. Workers covered by the General Labour Act. In its previous comment, the Committee requested the Government to take the necessary steps to prohibit deductions by virtue of individual agreements. The Committee notes that in its report the Government merely indicates that section 42 of the Regulations implementing the General Labour Act of 1943 allows wage deductions established through individual and collective “contracts”. In this regard, the Committee recalls that Article 8(1) of the Convention makes exclusive reference to national laws or regulations, collective agreements and arbitration awards as being the only valid legal bases for effecting deductions from wages and that, therefore, provisions of national legislation which permit deductions by virtue of individual agreements are not compatible with this provision of the Convention (2003 General Survey concerning the protection of wages, para. 217). The Committee also notes that the Government does not provide information on the established limits on wage deductions. The Committee therefore once again requests the Government to take the necessary steps to prohibit wage deductions through individual contracts, under section 42 of the Regulations implementing the General Labour Act, and to establish limits on such deductions, in accordance with Article 8 of the Convention.

Articles 8 and 10. Deductions from wages; attachment or assignment of wages. Public officials. With reference to its previous comments on the limits applicable to deductions that could be made from the wages of public officials, and limits to attachment or assignment of the wages of such officials, the Committee notes the Government’s indication that deductions are limited in accordance with the internal regulations of the institution to which the public officials belong, and that all other deductions are considered illegal. The Committee requests the Government to provide detailed information (regulation number, provision number and content) on the provisions of the aforementioned internal regulations that establish limitations on deductions.