Observation (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 158) sur le licenciement, 1982 - Venezuela (République bolivarienne du) (Ratification: 1985)

Legislative reforms. In two communications received in September 2010 and September 2011, the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) referred to the extension of the decrees providing protection against dismissal until December 2011, which are intended to guarantee labour stability for workers who earn up to three times the minimum wage by requiring employers to seek authorization to terminate employment. According to FEDECAMARAS, the application of the new rules could mean that workers will agree to financial compensation so as to avoid cases being brought before the labour authorities. In a reply received in November 2010, the Government emphasizes the progressive fall in the number of persons applying for benefits for involuntary loss of employment and the annual fall in the number of unjustified dismissals. In the report received in August 2011 and in a new communication received in December 2011, the Government confirms the extension of protection against dismissal until December 2011 for those earning up to three times the minimum wage. Workers covered by protection against dismissal cannot be terminated, without a valid reason approved previously by the labour inspector. The Government indicates that during the course of 2010, a total of 40,298 applications for reinstatement (appeals against dismissal) were lodged with labour inspectorates. These appeals resulted in 19,710 applications being found to be justified, with the corresponding reinstatement of the persons, while 12,718 applications were found to be without merit. The decisions were handed down within a period of between four and eight months. The Government indicates that in 2010 no complaints were recorded for economic dismissals. The Committee also notes the summary of court decisions relating to the definition of justified reasons for dismissal provided by the Government in its report. The Committee invites the Government to continue providing updated information on the activities of the appeal bodies (the number of appeals against unjustified dismissal, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons (Part V of the report form). The Committee invites the Government to provide examples of recent court rulings handed down in relation to the definition of justified reasons for dismissal (Part IV of the report form).

Exclusions. The Committee understands that workers engaged in managerial positions are excluded from the special protection against dismissal established since 2001. The Committee invites the Government to indicate the measures adopted to ensure the protection afforded by the Convention to managers.