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

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

Articles 10 and 12(d) of the Convention. Equality of opportunity and treatment. In response to the requests the Committee has been making for several years to reform or repeal the legal provisions which limit access to employment for foreign workers, the Government indicates in its report that the provisions contained in the National Constitution and the Organic Act concerning labour and men and women workers (LOTTT) guarantee equality of opportunity and prohibit discrimination relating to access and conditions of work based on nationality. The Committee recalls that, while having legislation in place to combat discrimination is important, it is not sufficient to guarantee equality of opportunity and treatment in practice. It is necessary to take proactive measures to guarantee the application and observance of the principle of non-discrimination. Furthermore, the Committee recalls that Article 12(d) stipulates that any statutory provisions should be repealed and any administrative instructions or practices modified which are inconsistent with the national policy. Sections 27 (percentage of Venezuelan staff), 28 (temporary exceptions), 29 (hiring of foreign workers) and 231 (limit on foreign agricultural workers) of the LOTTT restrict the hiring of foreign workers by providing that national workers must represent 90 per cent of the total staff, apart from the specific exceptions listed, and that foreign workers cannot receive more than 20 per cent of the total payments made to all staff. The Committee notes with regret that, despite the amount of time that has passed and the many requests made, the Government has not amended the provisions in question. The Committee once again urges the Government to take the necessary steps to amend or repeal sections 27, 28, 29 and 231 of the Organic Act concerning labour and men and women workers to bring the legislation into full conformity with the principle of equality of opportunity and treatment regarding employment of migrant workers in relation to national workers.

The Committee is raising other matters in a request addressed directly to the Government.