Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

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.