Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Labour Inspection Convention, 1947 (No. 81) - Venezuela (Bolivarian Republic of) (Ratification: 1967)

The Committee notes the report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations made jointly by the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 15 September 2020, the observations made by the CTASI, received on 30 September 2020, and the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 3 December 2020. The Committee requests the Government to provide its comments in this regard.

Articles 3(1)(a) and (b), 13 and 16 of the Convention. Labour inspection in the field of occupational safety and health (OSH). The Committee notes that, in reply to its previous request concerning OSH, the Government indicates in its report that: (i) according to the Report and Account, in 2018 the National Institute of Prevention and Health and Safety at Work (INPSASEL) carried out 1,671 inspections of occupational safety and health conditions; (ii) in 2019, INPSASEL implemented 103 comprehensive actions and 3,014 follow-ups at the national level, which consist of preventive action and monitoring of working conditions and environment by a multidisciplinary team of public officials from the State Departments of Occupational Safety and Health (GERESAT) attached to the Inspection, Occupational Health and Education Coordination Units; and (iii) INPSASEL currently has over 170 inspectors. The Government adds that orders with immediate executory force have not been issued as cases of non-compliance with occupational safety and health requirements have not been identified which could cause immediate and serious danger to the life or health of workers. In this regard, the Committee draws the Government’s attention to the fact that the total absence of the identification of serious cases of non-compliance (over a long period of time and for a large population) could, in certain cases, demonstrate that workplaces are not being inspected as often and as thoroughly as necessary. With reference to its comments on the OSH Conventions, the Committee requests the Government to make every effort to ensure that OSH inspections are carried out as often and as thoroughly as necessary and to continue providing detailed information on labour inspection in relation to occupational safety and health. With regard to the effect given in practice to Article 13 of the Convention, the Committee requests the Government to investigate and report on the reasons why there have been no orders with immediate executory force issued in the event of imminent danger to the health and safety of workers, and to provide information on this practice in the future.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. Selection of inspectors. The Committee notes the Government’s indication, in reply to its previous comment on the selection criteria for inspectors, that they are related to the skills, training and experience of applicants and that political ideology is not among the requirements for employment. It adds that the recruitment of officials discharging inspection duties is governed by the provisions of the Public Service Regulations Act, the Regulations of the Act on administrative careers and the internal Regulations on recruitment and employment stability, which are based on the Constitution of the Bolivarian Republic of Venezuela, which provides that the appointment and removal of public employees may not be determined on the basis of political membership or opinions. The Government also indicates that no complaints of discrimination have been received from workers wishing to obtain employment in the labour inspection services. In this regard, the Committee notes that the CTASI and the FAPUV, in their joint observations, reiterate that the appointment and removal of public employees is based on political criteria and that inspectors are not in a position to perform their duties with independence. The CTASI also reiterates that the selection of inspection personnel is discriminatory on grounds of political ideology. The Committee recalls that, under the terms of Article 6 of the Convention, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. Article 7 also provides that labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties and that the means of ascertaining such qualifications shall be determined by the competent authority. The Committee requests the Government to provide its comments on the observations of the CTASI and the FAPUV, and to provide information on the measures adopted or envisaged to ensure the stability and independence of labour inspectors, as required by the Convention.

Articles 10 and 11. Number of inspectors and material resources. The Committee notes the Government’s indication, in reply to its previous request, that in 2019 the labour inspection services had 196 labour inspectors assigned to the inspection units of the People’s Ministry for the Social Process of Labour (MINPPTRASS), distributed at the national level in accordance with the economically active population, the number of industries and the size of the territory. It adds that, around August 2020, the figure was 184. The Government further indicates that there is at least one inspection unit in each state and the INPSASEL recently completed the first phase of the Comprehensive Intensive Training Programme (PIFI). In this regard, the Committee notes that the CTASI and the FAPUV allege that the labour inspection system is not effective, as the MINPPTRASS does not have sufficient personnel and is the Ministry with the lowest budget, and that the number of inspectors is low and there is a scarcity of means of transport and payments to cover the daily expenses of the staff. The CTASI adds that the budgetary shortage limits the Ministry in the discharge of its principal function of the enforcement of labour legislation. The Committee requests the Government to provide its comments in this regard. While observing a slight decrease in the number of labour inspectors, the Committee expects that the Government will take all necessary measures to ensure the effective discharge of the functions of the labour inspection services. The Committee requests the Government to continue providing information on the number of labour inspectors, and particularly on the material resources available to inspectors for the performance of their duties (including vehicles and premises).

Articles 12(1) and (2) and 15(c). Notification of the presence of inspectors on the occasion of an inspection. Timing of inspections. Requirement of confidentiality. In its previous comment, the Committee noted that section 514(1) of the Basic Act concerning labour and men and women workers (LOTTT) maintains the requirement for inspectors to show identification upon their arrival and to specify the reason for the visit, and that it only allows visits during working hours, which limits the free access of inspectors to workplaces. The Committee notes the Government’s indication that under article 89(1) of the Constitution, which provides that with respect to employment relationships, the actual situation shall take precedence over the form or appearance of the relationship, public inspection officials may freely enter at any hour of the day or night any workplace liable to inspection, irrespective of the working hours indicated by the employer, since under the terms of section 516 of the LOTTT the scope of action of public inspection officials includes and covers work units and, in general terms, places where work is performed. The Committee recalls that it had previously raised concerns that the requirement to notify the reason for the inspection under section 514(1) might jeopardize the confidentiality of the existence of a complaint, as well as the identity of the complainant. The Committee therefore once again requests the Government to amend the provision referred to above to: (i) ensure recognition in the national legislation of the principle of confidentiality and the power of inspectors provided with proper credentials not to notify their presence if they consider that such notification may be prejudicial to the performance of their duties, as required by Articles 12(2) and 15(c) of the Convention; and (ii) give effect to Article 12(1)(a) of the Convention by empowering inspectors (provided with proper credentials) to enter freely at any hour of the day or night any workplace liable to inspection.

Article 16. Supervision by labour inspectors, frequency and thoroughness of inspections. The Committee notes the Government’s indication that the number of inspections was 44,211 in 2016, 38,791 in 2017 and 31,174 in 2018. The Committee also notes that the figure was 12,599 in 2019. The Government adds that in 2016, 2017, 2018 and 2019 a total of 844, 1,313, 7,722 and 5,101 penalties were imposed, respectively. The Government further indicates that in 2016 and 2017, labour inspectorates focused on the application of penalties were established in various states, which resulted in an increase of 100 per cent in the recovery of fines in 2016 and 22.82 per cent in 2017. In this regard, the Committee notes that the CTASI and the FAPUV in their joint observations, and the CTASI in its observations, indicate that, particularly in relation to child labour, where there are serious problems, these figures do not tally with the real situation in the country. The Committee further notes the indication by the CTASI that the current pandemic has resulted in a decrease in the operations of both labour inspection services and labour tribunals, which is an obstacle to the identification of violations of labour legislation and makes it difficult to make complaints of violations of labour rights. Lastly, the CTASI indicates that although labour inspection services are empowered to impose penalties calculated on the basis of the minimum wage, the penalties are generally very low. The Committee requests the Government to provide its comments in this regard.

The Committee notes with concern the significant decrease in the total number of inspections in 2019 in comparison with previous years and requests the Government to explain the reasons. The Committee also requests the Government to continue providing statistical data on violations of labour laws, with an indication of the provisions breached and the penalties imposed. With reference to its previous comments concerning the Minimum Age Convention, 1973 (No. 138), the Committee also requests detailed information on the inspection activities carried out in relation to child labour.

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