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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Venezuela (Bolivarian Republic of) (Ratification: 1982)

The Committee takes note of the Government's report and of the content of the new Labour Act of 27 November 1990.

The Committee notes with satisfaction the improvements in the new Labour Act (see the Committee's observation) in relation to the former Labour Act and the new Labour Bill.

However, the Committee points out that although the number of workers required to form trade unions is lower in the Labour Act than in the Labour Bill, the requirement of a minimum of 100 self-employed workers for the establishment of occupational, sectoral or branch unions (section 418) seems too high. The Committee also points out that section 404 requires too long a period of residence (ten years) for foreigners to accede to trade union office, despite the fact that the Government states that it has not and will not inhibit the free election of trade union representatives, whether or not they are Venezuelan nationals. Furthermore, the Committee notes that section 496 provides that the right to strike may be exercised in the public services covered by the Act provided that the interruption of such services does not cause irremediable harm to the population or its institutions. The Committee considers that "irremediable harm" is too general a concept and recalls that it has always held that the right to strike in the public services should only be subject to restrictions or prohibition in respect of essential services in the strict sense (i.e. services whose interruption would endanger the life, personal safety or health of the whole or part of the population). The Committee asks the Government to provide particulars of the scope of the above concepts and their application in practice, and of any decision taken by the authorities in this respect. The Committee also asks the Government to provide information on any associations of self-employed workers which may be established, stating the sectors concerned.

Furthermore, the Committee would be grateful if the Government would indicate whether, as an effect of the provision contained in section 497(a) of the Labour Act (which seems to make the legality of a strike subject to compliance with collective agreements or the improvement of working conditions), strikes against the Government's economic policy are considered illegal, including when the above policy affects the working and living conditions of the workers.

The Committee asks the Government to supply comments and information on the above points.