Labour Administration Convention, 1978 (No. 150) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) in a single comment.

The Committee notes the 2019 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 of the CTASI received on 30 September 2020, and the observations of the Bolivarian Socialist Confederation of City, Country and Fishing Workers of Venezuela (CBST–CCP) received on 3 December 2020.

Labour inspection: Convention No. 81

Articles 3, 4 and 6 of the Convention. Structure of the labour inspectorate. In its previous comment, the Committee noted the Government’s indication that the Plan to update the system for the administration of labour justice in administrative proceedings (PASJTSA) had been approved for a period of 15 months with the objective of organizing inspection through the labour inspection services for collective rights, for penalties and for individual rights. The Committee notes the Government’s indication that the Plan ended in December 2016 and was not extended. The Committee requests the Government to provide updated information concerning the various labour inspection units, their composition and their functions.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. 1. Special commissioners. In its previous comment, the Committee noted the Government’s indication that the “special commissioners” appointed by the labour inspection services to cover vulnerable sectors in which distance precludes coverage by the inspection services, are not public officials and do not have security of employment, and are under the direct responsibility of the People’s Minister of the Social Process of Labour. The Committee notes the Government’s indication that in 2020, as they had demonstrated their aptitude for the performance of inspection duties and in view of their academic training, these public officials were appointed to posts included in the supervisory units of the People’s Ministry of the Social Process of Labour (MPPPST), and that their legal status, conditions of service, stability of employment and independence are assured without any discrimination, and that they are covered by the benefits set out in the collective labour agreement concluded between the MPPPST and the unions registered with the Office of the Deputy Minister for the Integrated Labour and Social Security Inspection System. While noting the information provided by the Government, the Committee requests it to indicate whether the special commissioners who have now been incorporated into the supervisory units benefit from the same status and remuneration as labour inspectors and the specific duties that they perform.

2. Remuneration of inspectors. The Committee notes the indication by the CTASI and the FAPUV that the salaries of inspectors are extremely low. The Committee requests the Government to provide its comments in this regard. The Committee also requests the Government to provide information on the salaries and benefits of inspectors in comparison with those of other public officials exercising similar functions in other Government services, such as tax inspectors and police officers.

Articles 20 and 21. Annual report. The Committee notes the statistical data provided by the Government in the reply to its previous request, for the period 2016-2019, covering most of the subjects required by Article 21 of the Convention. The Committee requests the Government to continue providing statistical data on all the subjects covered by Article 21(a) to (g) of the Convention and to ensure that annual reports are published on the work of the labour inspection services.

Labour administration: Convention No. 150

Article 3. Labour policy activities regulated through negotiations. The Committee notes the Government’s indication in its report, in reply to its previous request, that conciliatory labour round tables have been established in the State directorates, with the participation of workers and employers and their organizations, where they exist, with the objective of addressing and resolving disputes between the parties. The Committee requests the Government to specify those aspects of the national labour policy that are considered as matters to be regulated through direct negotiations between employers’ and workers’ organizations.

Articles 4 and 5. Organization and effective operation of the labour administration system. Appropriate arrangements to secure consultation, cooperation and negotiation with the social partners. The Committee notes the Government’s indication, in reply to its previous request, that the process of the creation of the MPPPTS, which involved the establishment of various subordinate Ministries, has led to an increase in activities related to consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers within the framework of the labour administration system. The Committee requests the Government to provide detailed information on consultation, cooperation and negotiation activities with the most representative organizations of employers and workers, with an indication of the type of activities, their content and frequency, and the employers’ and workers’ organizations that participated.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee takes note of the observations of the Confederation of Workers of Venezuela (CTV) received on 1 September 2015, alleging non observance of the provisions of Articles 2, 4 and 5 of the Convention, with regard to the participation by employers’ and workers’ organizations in the formulation of major labour policies to be implemented by the bodies of the labour administration, and non-compliance with Article 7, concerning the improvement of the working conditions of workers who are employed in the informal sector.

The Committee also notes the observations of the National Union of Workers of Venezuela (UNETE) received on 2 October 2015. The Committee requests the Government to send its comments on the observations of the CTV and the UNETE.

Article 3. Activities in the field of the national labour policy regulated through negotiations. The Committee notes that, in its report, the Government indicates that all the activities in the field of the national labour policy that are regulated through negotiation with employers’ and workers’ organizations are contained in collective agreements. The Committee requests the Government to specify the aspects of the national labour policy that are deemed to be among the matters that are regulated by direct negotiations between employers’ and workers’ organizations.

Article 4. Organization and effective operation of the labour administration system. The Committee notes the information supplied by the Government to the effect that the adoption in 2012 of the Basic Act on Labour and Men and Women Workers meant reforming the ministry responsible for labour and social security, the name of which has become the Ministry of People’s Power for the Social Process of Labour (MPPPST). The Committee requests the Government to specify the consequences of this reform in light of the objective pursued by the Convention.

Application in practice. The Committee requests the Government to provide extracts from reports and other periodical information pertaining to the principal services of labour administration.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with satisfaction the information supplied by the Government in reply to its previous comments.

The Committee notes in particular that there are matters that are dealt through collective negotiations and agreements between employers' and workers' organizations that are part of activities in the field of national labour policy (Article 3 of the Convention). It also notes that consultations, negotiations and cooperation organized by the Office of Cooperation between Workers and Employers includes participation in events and meetings and interventions in collective labour disputes (Articles 4 and 5). The Committee further notes the information provided by the Government concerning the duties of the various services of the system of labour administration and the statistics regarding the work of the employment services.

It hopes the Government will continue to provide full particulars regarding the implementation of the Convention in its subsequent reports.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied in the Government's report, particularly concerning the points raised by the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS).

Article 3 of the Convention. The Committee notes that there are no particular activities in the field of national labour policy that are regarded as matters which are regulated by having recourse to direct negotiations between employers' and workers' organizations.

Articles 4 and 5. The Committee notes the Government's information on the operation of the system of labour administration, and the consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers, particularly in the context of the Office for Cooperation between Workers and Employers which comes under the Ministry of Labour. It would be grateful if the Government would indicate the subjects of the consultations, negotiations and cooperation organized by the above Office.

Articles 6 and 10. The Committee notes the extensive information on the application of these provisions of the Convention.

Point IV of the report form. The Committee hopes that the Government will provide any general information which may be useful on how the Convention is applied indicating, in particular, any practical difficulties encountered in applying it and which were also raised in the observations made by FEDECAMARAS.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government's brief report. It also notes the observation provided by the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS). These concern what FEDECAMARAS perceives as inadequacies in the degree of consultation and cooperation with and between employers' and workers' organizations as to labour legislation and practices, as required by Articles 3, 5 and 6(c) and (d) of the Convention; the establishment of an efficient system of labour administration (Article 4); and the training, status and financial resources of labour administration staff (Article 10). The Committee would be glad if the Government would indicate its own views in this respect and any further measures taken or proposed.

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

The Committee notes the Government's brief report. It also notes the observation provided by the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS). These concern what FEDECAMARAS perceives as inadequacies in the degree of consultation and co-operation with and between employers' and workers' organisations as to labour legislation and practices, as required by Articles 3, 5 and 6(c) and (d) of the Convention; the establishment of an efficient system of labour administration (Article 4); and the training, status and resources of labour administration staff (Article 10). The Committee would be glad if the Government would indicate its own views in this respect and any further measures taken or proposed.

[The Government is asked to report in detail for the period ending 30 June 1992.]