Night Work of Young Persons (Industry) Convention, 1919 (No. 6) - Venezuela (Bolivarian Republic of) (RATIFICATION: 1933)

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The Committee notes the joint observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the United Federation of Workers of Venezuela (CUTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 30 August 2023. It requests the Government to provide its comments in this respect.

Articles 2 and 12 of the Convention. Prohibition of night work by young persons in industrial undertakings and legislation. The Committee previously noted that the Basic Labour Act of 2012 no longer contained a provision prohibiting night work by young persons, unlike the Basic Labour Act of 1997. It therefore requested the Government to take the necessary measures to bring the legislation into compliance with the Convention.

The Committee notes the joint observations of the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA, according to which the Government has not taken any measures to prohibit the night work of young persons under 18 years of age, despite the fact that minors are increasingly vulnerable and prone to working, at all hours of the day and night. The Committee notes the Government’s reiterated indication, in its report, that it is not necessary to amend the legislation since, under article 23 of the Constitution, international treaties have the force of law in the internal legal system of the country. The Government adds that, in practice: (1) no authorization has been granted by the Children’s and Young Persons’ Protection Councils to workers aged 14 years and above for the performance of night work; and (2) the labour inspectorate has not found any instance of young persons in night work. However, the Committee notes, from the joint observations of the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA, that the night work of children is frequent, not inspected by any government agency, and does not appear in official statistics. The Committee once again recalls that Article 2(1) of the Convention prohibits the employment during the night of young persons under 18 years of age in any industrial undertaking other than an undertaking in which only members of the same family are employed, except in the cases provided for in Article 2(2). Therefore, the Committee notes with deep concern that the Government has not taken any measures to prohibit night work by young persons in industrial undertakings. In addition, it recalls that, under Article 12 of the Convention, each Member that ratifies the Convention agrees to take such action as may be necessary to make its provisions effective. Since child labour seems to have bypassed the formally established channels for its authorization, the Committee requests the Government to take the necessary measures to reduce child labour in the informal economy and to provide information on the causes and results. Further, the Committee once again urges the Government to take the necessary measures to bring the national legislation into compliance with the Convention without delay by reintroducing a provision prohibiting the night work of young persons under 18 years of age, in order to ensure the effective implementation of the provisions of the Convention. If such a provision were to include special grounds on which exceptions to the prohibition of night work by young persons may be granted, as previously provided for by section 257 of the Basic Labour Act of 1997, the Committee requests the Government to supply information on these special grounds and the conditions under which such permission may be given, indicating in particular the age of the young persons and the types of work they are authorized to perform.

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The Committee notes the joint observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 18 September 2017.

Articles 2 and 12 of the Convention. Prohibition of night work by young persons in industrial undertakings and legislation. The Committee previously noted that section 257 of the Basic Labour Act of 1997 provided that the working day for young persons under 18 years of age must fall between 6 a.m. and 7 p.m. Section 257 also provided for exceptions on special grounds to the prohibition of night work by young persons, when deemed appropriate by the bodies responsible for the supervision of minors, in cooperation with the labour inspectorate. The Committee subsequently noted the adoption of the Basic Labour Act No. 6076 of 2012, section 32 of which establishes a general prohibition of child labour for children under 14 years of age, except for artistic and cultural performances after authorization by the authority responsible for the protection of minors. Section 32 also provides that the work of minors is governed by the Basic Act on the protection of children and young persons of 1998. However, the Committee noted with concern that the new Basic Labour Act of 2012 no longer contains a provision prohibiting night work by young persons, unlike the previous Act. Moreover, the Committee observed that the Basic Act on the protection of children and young persons of 1998 no longer contains any provisions on the night work of young persons. The Committee therefore requested the Government to take the necessary measures to bring the legislation into compliance with the Convention.

The Committee notes the joint observations of the UNETE, CTV, CGT and CODESA that the Government has not taken any measures to bring its legislation into compliance with the Convention, despite the fact that many children work in the streets at all hours of the day and night.

The Committee notes the Government’s indication that it does not consider it necessary to amend the legislation as, under article 23 of the Constitution, international treaties have the force of law in the internal legal system of the country. The Committee once again recalls that Article 2(1) of the Convention prohibits the employment during the night of young persons under 18 years of age in any industrial undertaking other than an undertaking in which only members of the same family are employed, except in the cases provided for in Article 2(2). Therefore, the Committee notes with deep concern that the Government has not taken any measures to prohibit night work by young persons in industrial undertakings. In addition, it recalls that, under Article 12 of the Convention, each Member that ratifies the Convention agrees to take such action as may be necessary to make its provisions effective. The Committee therefore urges the Government to take the necessary measures to bring the national legislation into compliance with the Convention without delay by reintroducing a provision prohibiting the night work of young persons under 18 years of age, in order to ensure the effective implementation of the provisions of the Convention. If such a provision were to include special grounds on which exceptions to the prohibition of night work by young persons may be granted, as previously provided for by section 257 of the Basic Labour Act of 1997, the Committee requests the Government to supply information on these special grounds and the conditions under which such permission may be given, indicating in particular the age of the young persons and the types of work they are authorized to perform.

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The Committee takes note of the Government’s report. It also notes the comments by the Independent Trade Union Alliance (ASI) of 14 August 2012.

Article 2 of the Convention. Exceptions to the prohibition regarding night work by young persons in industrial undertakings. In its previous comments, the Committee noted section 257 of the Basic Labour Act of 1997, which provides that the working day for young persons under 18 years of age must fall between 6 a.m. and 7 p.m. Section 257 also allows exceptions on special grounds to the prohibition of night work by young persons, when deemed appropriate, in cooperation with the labour inspector, by the bodies responsible for the supervision of minors. The Committee asked the Government to provide information on the special grounds for such exceptions and the conditions in which such permission may be granted.

The Committee notes the promulgation of the Basic Labour and Workers Act (Gaceta Oficial, 20 May 2012, No. 6076). The Committee notes the Government’s indication that section 32 establishes a general prohibition of child labour for children under 14 years of age, except for artistic and cultural performances authorized by the authority responsible for the protection of minors. Section 32 furthermore provides that the protection of minors at work is regulated by the Act concerning the protection of children and young persons of 1998. However, the Committee notes with concern that the new Basic Labour and Workers Act of 2012 no longer contains a provision prohibiting night work for young persons, unlike the Basic Labour Act of 1997. Moreover, the Committee had previously observed that the Act concerning the protection of children and young persons of 1998 did not contain any provision on the night work of young persons.

In these circumstances, the Committee is bound to recall again that Article 2(1) of the Convention states that young persons under 18 years of age shall not be employed during the night in any industrial undertaking, other than an undertaking in which only members of the same family are employed and in the cases listed in Article 2(2). The Committee therefore urges the Government to take the necessary measures to ensure that national legislation is brought into compliance with the Convention by reinserting a provision prohibiting the night work of young persons under 18 years of age. In case such a provision were to include special grounds on which exceptions to the prohibition of night work by young persons may be granted, as previously provided for by section 257 of the Basic Labour Act of 1997, the Committee requests the Government to supply information on these special grounds and the conditions in which such permission may be given, indicating in particular, the age of the young persons and the types of work they are authorized to perform.

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The Committee notes the Government’s report.

Article 2 of the Convention. Exceptions to the prohibition regarding night work by young persons in industrial undertakings. In its previous comments, the Committee noted section 257 of the Basic Labour Act, which provides that the working day for young persons under 18 years of age must fall between 6 a.m. and 7 p.m. Section 257 also allows exceptions on special grounds to the prohibition of night work by young persons, when deemed appropriate, in cooperation with the labour inspector, by the bodies responsible for the supervision of minors. The Committee asked the Government to provide information on the special grounds for such exceptions and the conditions in which such permission may be granted.

The Committee notes the Government’s information that the Act concerning the protection of children and young persons of 1998 regulates the protection of minors at work. However, the Committee observes that this Act does not contain any provision on the night work of young persons. It reminds the Government that Article 2, paragraph 1, of the Convention states that young persons under 18 years of age shall not be employed during the night in any industrial undertaking, other than an undertaking in which only members of the same family are employed and in the cases listed in Article 2, paragraph 2. The Committee therefore requests the Government once again to supply information on the special grounds on which exceptions to the prohibition of night work by young persons may be granted, as provided for by section 257 of the Basic Labour Act, and the conditions in which such permission may be given, indicating in particular the age of the young persons and the type of work.

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The Committee notes the promulgation of the Basic Labour Act of 1997, the Basic Act (and preamble) for the protection of children and young persons, 1998, and its regulations (Decree No. 3235 of 20 January 1999).

Article 2, paragraph 2, of the Convention. The Committee notes section 257 of the Basic Labour Act which provides that the working day for young persons under 18 years of age must fall between 6 a.m. and 7 p.m. Paragraph 1 of this section, allows, on special grounds, exceptions to the prohibition of night work of young persons, when deemed appropriate by the bodies having responsibility for the minor in cooperation with the labour inspector.

The Committee asks the Government to provide information on the special grounds for such exceptions and the conditions in which such permission is granted, particularly regarding the age of the minor and the type of work.