Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 1) sur la durée du travail (industrie), 1919 - Venezuela (République bolivarienne du) (Ratification: 1944)

Articles 2 and 5 of the Convention. Averaging of hours of work over a period longer than a week. The Committee notes the adoption of the Basic Labour Act (LOTTT) of 30 April 2012 and the Partial Regulations implementing the Basic Labour Act (RPLOTTT) of 30 April 2013. It notes, in particular, the introduction of a working week of five days with two consecutive days of weekly rest and the reduction of normal hours of work from 44 to 40 per week. In this respect, the Committee also notes the comments of the Independent Trade Union Alliance (ASI) of 9 August 2013 and of the Confederation of Workers of Venezuela (CTV) dated 30 August 2013.

Further to its previous comments, the Committee notes that section 175 of the LOTTT essentially reproduces section 206 of the previous Basic Labour Act and provides that the limits on hours of work may be modified through collective agreement, on condition that hours worked do not exceed 11 per day and 40 on average per week calculated over a period of eight weeks. In addition, section 8 of the RPLOTTT specifies that such a collective agreement should be approved by the Labour Inspectorate. The Committee also notes that, under section 176 of the LOTTT, when work is continuous and organized in shifts, its duration may exceed the normal daily and weekly limits provided that the number of hours worked in an eight-week period does not exceed on the average 40 hours per week while section 7 of the RPLOTTT provides that for this type of work daily hours of work may not exceed 12 hours.

The Committee observes, in this respect, that the exceptions to normal hours of work permitted under sections 175 and 176 of the LOTTT are not entirely consistent with the relevant provisions of the Convention. With regard to shift work, the Committee recalls that Article 2(c) of the Convention allows the variable distribution of hours of work over a maximum period of three weeks provided that the hours of work do not exceed on the average eight per day and 48 per week. As for averaging in general, the Committee notes that Article 5 of the Convention applies only to exceptional cases where the normal daily and weekly limits to hours of work are recognized to be inapplicable, and requires an agreement between workers’ and employers’ organizations that has been given the force of regulations by the public authority. The Committee requests the Government to consider on the next suitable occasion possible steps to ensure that the provisions of the LOTTT concerning the variable distribution of hours of work over a period longer than a week are brought into full conformity with the requirements of these Articles of the Convention.

Article 6(2). Overall limit on the number of additional hours. The Committee notes that under section 178 of the LOTTT, which reproduces the provision of section 207 of the previous Basic Labour Act, public authorities may modify, if necessary, the weekly and annual limits to overtime work, that is ten hours per week and 100 hours per year, for specific activities after consultations with workers’ organizations concerned. The Committee requests the Government to indicate whether any derogations have already been granted under this provision, and if so, to provide additional explanations on the overtime limits so authorized and the types of establishments and the approximate number of workers concerned.