Report in which the committee requests to be kept informed of development - Report No 275, November 1990

Case No 1501 (Venezuela (Bolivarian Republic of)) - Complaint date: 02-JUN-89 - Closed

1. 144. The Committee examined this case at its February 1990 meeting and presented an interim report to the Governing Body (see 270th Report, paras. 335-357, approved by the Governing Body at its 245th Session (February-March 1990)). The Government sent its observations in a communication dated 10 October 1990.
2. 145. Venezuela has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. Previous examination of the case

1. 146. In this case the allegations concerned anti-trade union reprisals taken against four trade union officials of the National Federation of Workers of the International Bank (FETRABIN) following a two-hour demonstration to protest against the Bank unilaterally imposing continuous working hours. The employer, considering that this demonstration was tantamount to an illegal strike accompanied by acts of violence, asked the Labour Inspectorate to authorise the dismissal of the trade union officials in question. The Committee noted from the vast amount of documentation placed at the Committee's disposal, both by the complainant and by the Government, that it was apparent that, in the beginning, the dismissal of the trade union officials was agreed to by the Labour Inspectorate. Later, after those concerned had lodged an appeal to quash the administrative decision, the courts decided on the temporary suspension of the dismissals and ordered the reinstatement of the trade union officials until such time as the administrative court had handed down its ruling. However, this decision was badly accepted by the employer who, when reinstating the trade union officials in question, subjected them to poor working conditions - which was attested to by an inspection visit (see 270th Report, para. 352).
2. 147. The Committee made the following recommendatiions on these allegations (see 270th Report, para. 357):
   • (a) as regards the dismissal of trade union officials following a trade union demonstration, the Committee notes that an appeal has been launched with the administrative court and requests the Government to communicate to it the text of the final ruling of the Court with its reasons adduced when it is handed down;
   • (b) as regards the poor working conditions inflicted by the employer on the reinstated trade union officials which were noted by a labour inspection visit, the Committee recalls that workers, especially trade union officials, should enjoy adequate protection against all acts of discrimination in respect of freedom of association in employment. It requests the Government to keep it informed of developments in this situation; and
   • (c) as for the unilateral decision to change the work schedule taken by the International Bank Limited, the Committee recalls the importance it attaches to the right of workers to participate in the determination of their working conditions through collective bargaining. The Committee therefore requests the Government to keep it informed of the measures taken or envisaged to ensure that this principle is respected in the present case.

B. The Government's reply

1. 148. In its communication of 10 October 1990, the Government states that the administrative court has not yet handed down a ruling on the appeal concerning the dismissal (at present suspended) of the FETRABIN officials. As regards the complaints concerning the poor working conditions inflicted by the employer on the reinstated trade union officials, the Government reports that on the basis of an inspection carried out on 24 May 1990, it noted that the premises had been changed and air-conditioned to comply with the orders issued by the inspector after an inspection on 7 August 1989 and that the layout had been altered. Finally, the Government notes that the International Bank has withdrawn its unilateral decision to change the work schedule; consequently, the workers work at present according to the schedule stipulated in their collective agreement.

C. The Committee's conclusions

1. 149. The Committee notes with interest that the International Bank has withdrawn its unilateral decision to change the work schedule, with the result that the workers now follow the timetable stipulated in the collective agreement, and that the above-mentioned Bank has complied with the recommendations from the Labour Inspectorate to put an end to the unhealthy conditions inflicted upon FETRABIN officials at their workplace.
2. 150. In addition, the Committee notes that the administrative court has not yet handed down a ruling on the appeal concerning the dismissal (at present suspended) of the FETRABIN officials and requests the Government to keep it informed of the outcome of this appeal.

The Committee's recommendations

1. 151. In the light of its foregoing conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) the Committee notes with interest that the problems concerning the unilateral decision to change the work schedule at the International Bank and the unhealthy working conditions inflicted on FETRABIN officials have been resolved; and
   • (b) the Committee requests the Government to keep it informed of the outcome of the appeal before the administrative court concerning the dismissal (at present suspended by the Court) of FETRABIN officials.