Observation (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 122) sur la politique de l'emploi, 1964 - Venezuela (République bolivarienne du) (Ratification: 1982)

The Committee notes the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI), and the observations of the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 31 August 2017. The Committee also notes the observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 18 September 2017. The Committee requests the Government to provide its comments in this respect.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 106th Session, June 2017)

The Committee notes the discussion on the application of the Convention that took place in the Conference Committee on the Application of Standards in June 2017. The Committee also notes that, in its conclusions, the Conference Committee noted with deep concern that the Government had not yet addressed its 2016 conclusions. The Conference Committee also noted the lack of social dialogue in relation to an active employment policy designed to promote full, productive and freely chosen employment. Taking into account the discussion, the Conference Committee urged the Government, with ILO technical assistance, and without delay to: develop, in consultation with the most representative workers’ and employers’ organizations, an employment policy designed to promote full, productive and freely chosen employment, in a climate of dialogue free from any form of intimidation; implement concrete measures to put in practice an employment policy to stimulate economic growth and development, raise standards of living, and overcome unemployment and underemployment; and institutionalize a tripartite round table, with the presence of the ILO, to build a climate of trust based on respect for employers’ and workers’ organizations, with a view to fostering social dialogue and promoting solid and stable industrial relations. The Conference Committee also urged the Government to report in detail to the Committee of Experts on the application of the Convention in practice and to respond to the conclusions of the Conference Committee. The Committee notes that the Government has confirmed its acceptance of the recommendation of the Conference Committee in 2016 that it receive a high-level ILO tripartite mission. The Committee hopes that the high-level ILO tripartite mission will be able to assess the progress achieved towards compliance with the conclusions of the Conference Committee.

Articles 1 and 2 of the Convention. Implementation of the employment policy within the framework of a coordinated economic and social policy. Measures to respond to the economic crisis. The Committee notes that, in the context of the discussions on the case of the Bolivarian Republic of Venezuela by the Conference Committee on the Application of Standards in June 2017, a Government representative referred to the report provided in 2016, indicating that it had provided indicators demonstrating the existence of a sustained employment policy. In this regard, the Government referred to the implementation of the Second Socialist Plan for the economic and social development of the nation and the Bolivarian Economic Agenda. The Committee also notes the emphasis placed by the Government in its report on the reinforcement in October 2016 of the Missions and Major Missions in the context of the adoption of the Socialist Territorial Plan 2016–19. In particular, the Government refers to the Major Mission on Knowledge and Labour, created to assist unemployed persons without any type of income, and the Bases Mission, which seeks to eradicate extreme poverty. Decrees have continued to be issued on employment security and the annual increase in the minimum wage was adopted taking as a reference the cost of the basic basket. The Government indicates that, within the framework of the Bolivarian Economic Agenda, social agents participated in round table meetings with a view to developing measures to generate stability and employment. The Committee notes the indication by the CTASI in its observations that the Government has still not adopted an employment policy. The IOE and FEDECAMARAS once again emphasize that there is no coordinated policy in national macroeconomic planning for the joint implementation of employment plans. The employers’ organizations also refer to the statistics of the International Monetary Fund (IMF), which forecast a 10 per cent contraction of GDP and a cumulated inflation rate of 1,660 per cent in 2017, which would mean the longest period of recession in the country for the past 20 years, and the highest inflation rate in the world for the third consecutive year. They add that, according to the Living Conditions Survey (ENCOVI), 93 per cent of households in 2016 did not have sufficient income to cover the basic basket and 82 per cent of the population was living in poverty. They add that they are unaware of the specific strategic measures of the Bolivarian Economic Agenda adopted by the Government with a view to reinforcing employment protection. The workers’ confederations UNETE, CTV, CGT and CODESA indicate that they are also unaware of the measures adopted within the framework of the Economic and Social Development Plan 2007–13, and the social missions for the generation of productive employment. The Committee requests the Government to continue providing detailed information on the specific measures adopted for the formulation and adoption of an active employment policy to promote full, productive and freely chosen employment, in full compliance with the Convention, and on the consultations held with the social partners for this purpose.

Labour market trends. The Committee notes that, according to the Household Sample Survey of the National Institute of Statistics (INE), the activity rate fell from 64.8 per cent in April 2015 to 62.7 per cent in April 2016. The activity rate of men increased by 0.4 percentage points, while that of women fell by 3.7 percentage points. Over the same period, the inactivity rate increased from 35.2 per cent to 37.3 per cent, with a significant increase in the inactivity rate of women (3.7 percentage points), compared with that of men (0.4 percentage points). The employed population fell from 93 per cent to 92.7 per cent, and the number of unemployed rose from 7 per cent to 7.3 per cent (8.3 per cent for women and 6.7 per cent for men). In its observations, the CTASI reiterates that the employment statistics used in the Bolivarian Republic of Venezuela do not address underemployment or precarious employment, and emphasizes that the total of open unemployment and employed persons with 15 hours of work a week or less shows a deficit in the national labour market of 11 per cent. The workers’ confederations UNETE, CTV, CGT and CODESA indicate that the Government does not provide detailed and disaggregated data on the situation, level and trends of employment which would provide a basis for assessing the impact of the measures adopted within the framework of the employment policy. The Committee requests the Government to provide detailed information, including updated statistics, disaggregated by gender and age, on the situation and trends of the labour market in the country. The Committee also requests the Government to provide information on the impact of the measures adopted to give effect to the Convention.

Transitional labour regime. In its previous comments, the Committee noted the adoption of Resolution No. 9855 of 22 July 2016 establishing a transitional labour regime that is compulsory and strategic for the revival of the agro-food sector, which provides for workers in public and private enterprises to be placed in other enterprises (requesting enterprises) in that sector, which are different from the enterprises in which the employment relationship originated. The Committee also noted the observations of the IOE and FEDECAMARAS indicating that “requesting enterprises” (owned by the State) were the ones, and not the worker, who seek the transfer of the worker to another enterprise, which is contrary to the principles of the Convention. The Committee notes that in June 2017 a Government representative in the Conference Committee stated that Resolution No. 9855 had been repealed. The Government also indicates in its report that the transitional labour regime is no longer in force, as the Resolution provided for a period of application of 180 days. However, the Committee notes that the employers’ organizations IOE and FEDECAMARAS indicate that they are unaware of the official repeal of Resolution No. 9855, and that the Government has merely ceased applying it on a temporary basis. They therefore submit that the Government continues to be in violation of the principle of the Convention that requires member States to develop, in coordination with the social partners, an active policy to promote full, productive and freely chosen employment. In light of the divergence of views, the Committee requests the Government to indicate the current situation with regard to the application of Resolution No. 9855.

Youth employment. The Government refers in its report to the adoption of various measures to reduce youth unemployment and to promote the integration of young persons into the labour market. In this respect, the Government indicates that, in accordance with the Employment Act for productive youth, support and resources are provided to young persons to implement projects as a basis for the construction of the new model of economic development in the country. In 2017 the Youth Chamba Plan was adopted for young persons between 19 and 35 years of age with the objective of their labour market integration in the sectors prioritized in the Bolivarian Economic Agenda. The Plan is intended principally for young persons in a situation of vulnerability; unemployed young university students, young persons not attending school, single mothers, young persons with family responsibilities and young persons in the streets. The first phase of the Plan aims at the integration of 200,000 young persons into the labour market and will be implemented by 172 training centres. The Government adds that the Major Mission on Knowledge and Labour includes among its principal objectives the implementation of a special productive employment plan for young persons. The Government adds that in 2016 a total of 24,085 women and 17,737 men were active apprentices in the National Training Programme (PNA). The employment rate of participants in the PNA rose from 1.88 per cent in 2015 to 2.10 per cent in 2016. The Government adds that, through cooperation between various State bodies and private labour entities, over 40,000 young apprentices a year are provided with training and integrated into the labour market. In their observations, the IOE and FEDECAMARAS maintain that the youth employment figures of the official survey of April 2016 do not reflect the gravity of the situation. They indicate that there has been a significant decrease in the economically active population and an increase in unemployment among young persons between the ages of 15 and 24 years. The workers’ confederations UNETE, CTV, CGT and CODESA regret that the Government is concealing information on youth employment trends. They also consider that measures have not been adopted to minimize the impact of unemployment on young persons and to promote their sustainable labour market integration, particularly for the most underprivileged categories of youth. The Committee once again requests the Government, with the participation of the social partners, to provide an evaluation of the active employment policy measures implemented to reduce youth unemployment and promote their sustainable integration into the labour market, particularly for the most underprivileged categories of young persons. The Committee also requests the Government to continue providing detailed statistical data, disaggregated by age and gender, on youth employment trends.

Development of small and medium-sized enterprises (SMEs). In reply to its previous comments, the Government indicates that an assessment has been made of the needs of small and medium-sized enterprises with a view to improving their productive efficiency. They have been provided with technical assistance and financial support, and new incentives and mechanisms have been established to promote the development of the small and medium-sized industry sector. The Government also refers in its report to the adoption of measures to promote entrepreneurship by women through the Soy Mujer programme, which provides technical, logistical and financial support for its projects. However, the Committee notes the indication by the IOE and FEDECAMARAS in their observations that private enterprises are closing down ever more rapidly, and particularly small and medium-sized enterprises, which represent 80 per cent of the total. The Committee requests the Government to provide information on the impact of the measures adopted to promote the creation and productivity of small and medium-sized enterprises, and to develop a conducive climate for the generation of employment in such enterprises.

Article 3. Participation of the social partners. The Committee notes that in June 2017, within the framework of the International Labour Conference, a tripartite meeting was held between the Government and the social partners. However, the Employer members of the Conference Committee refused to participate in the meeting due to the lack of balanced representation, as not all of the workers’ organizations of the Bolivarian Republic of Venezuela present in the Conference had been invited to participate. The Committee also notes the Government’s indication in its report that meetings have been held with FEDECAMARAS and workers’ organizations in 2017. The IOE and FEDECAMARAS indicate that the Government is continuing to fail to comply with its obligation to consult the representatives of employers and workers for the development of the employment policy, emphasizing that FEDECAMARAS, despite its representativity, has not been consulted by the Government for 17 years on the establishment and coordination of the employment policy. FEDECAMARAS adds that it has not been invited to attend the National Council for the Productive Economy (CNEP), in which consultations are held on strategic national economic issues. FEDECAMARAS requests the Government to provide the records of the meetings of the CNEP, in which agreement was reached on the employment policy, wage rises and any other structural measures relating to employment. The workers’ confederations UNETE, CTV, CGT and CODESA affirm that workers’ organizations are still not consulted on policy formulation and that the Government is still failing to take into consideration the views of employers’ and workers’ organizations for the development and implementation of employment policies and programmes. The Committee once again requests the Government to provide information, including specific examples of the manner in which employers’ and workers’ organizations have been consulted and their views taken into account in the development and implementation of employment policies and programmes. The Committee also once again requests the Government to provide detailed information on the activities of the National Council for the Productive Economy in relation to the subjects covered by the Convention.