Interim Report - Report No 409, March 2025

Case No 3441 (Venezuela (Bolivarian Republic of)) - Complaint date: 01-DEC-22 - Active

Allegations: (i) the withholding by the Government of union dues and its failure to transfer them to the trade union organizations in the university sector; (ii) exclusion from and denial of the right to collective bargaining in the education sector, as well as favouritism in collective bargaining towards an organization close to the Government; and (iii) acts of persecution, intimidation and harassment by SEBIN against Mr Julio García, a university teacher and president of the Carabobo College of Nursing

1. 428. The Committee last examined this case at its March 2024 meeting when it presented an interim report to the Governing Body [see 405th Report, paras 593 to 613, approved by the Governing Body at its 350th Session (March 2024)]. 
2. 429. The Independent Trade Union Alliance Confederation of Workers (CTASI), representing its affiliate, the National Federation of Administrative Professionals and Technicians of the Universities of Venezuela (FENASIPRUV), together with the Confederation of Workers of Venezuela (CTV), presented nine new allegations in a communication dated 11 June 2024.
3. 430. The Government sent its observations in a communication dated 6 January 2025.
4. 431. The Bolivarian Republic of 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. 432. When it last examined the case, in March 2024, the Committee made the following recommendations [see 405th Report, para. 613]:
   • (a) The Committee urges the Government to provide it without further delay with its observations on the complainant organization’ s allegations so that it can examine the different issues raised in the complaint in full knowledge of the facts.
   • (b) The Committee strongly encourages the Government and the complainant organization to urgently address the issues related to the withholding of union dues in the framework of the meetings to be held between the Ministry of People’s Power for the Social Process of Labour (MPPPST) and the trade union confederations, as agreed at the fourth session of the Social Dialogue Forum. The Committee requests the Government and the complainant to keep it informed of any measures taken to resolve the situation as soon as possible.
   • (c) The Committee urges the Government to take the necessary measures to ensure that the most representative organizations in the university sector participate in collective bargaining on the working conditions of workers in this sector. The Committee requests the Government and the complainant organization to keep it informed in this regard.
   • (d) The Committee firmly requests the Government to ensure that the allegations concerning Mr Julio García are addressed as soon as possible in the context of the actions being taken in follow-up to the Social Dialogue Forum and that urgent measures are taken to guarantee the exercise of freedom of association and to ensure the cessation of the alleged harassment. The Committee requests the complainant organization and the Government to keep it informed in this regard.
   • (e) The Committee invites the Government to continue to avail itself of technical assistance from the Office, especially through the assistance of the ILO special adviser on social dialogue.

B. The complainants’ new allegations

1. 433. In a communication dated 11 June 2024, CTASI, its affiliate FENASIPRUV and the CTV allege that: (i) since 2021 the Government has been withholding union dues and has not transferred them to the trade union organizations in the university sector, thereby preventing the functioning of the organizations; (ii) the Government has not been making the payments of contributions by employers to savings accounts or to the health and social protection institutions, nor has it been making liability premium payments for certain posts; and (iii) in the university sector, there have been no discussions concerning the conclusion of a collective labour agreement (CLA) since 2017, which has made it impossible to improve workers’ benefits using this means and, therefore, university workers’ wages are subject to the national minimum wage, which has been frozen for two years. The CTASI, FENASIPRUV and CTV express interest in carrying out a conciliation procedure to establish a national forum for social dialogue in the university sector with ILO technical assistance, where the above-mentioned issues can be addressed.

C. The Government’s reply

1. 434. In its communication of 6 January 2025, the Government indicates that Decision No. 279 of the MPPPST was published in the Official Gazette of the Bolivarian Republic of Venezuela, No. 42.436 of 9 August 2022, approving the fourth CLA for the public university activity branch, negotiated between the Federation of University Teachers of Venezuela (FTUV) (representing 143 primary trade union organizations and joined by 19 trade unions) and the Ministry of People’ s Power for University Education (MPPEU). The Government has attached a copy of the CLA. The Government indicates that, while they have not expressly joined the CLA, the administrative authorities of some autonomous universities have issued criteria and guidelines based on the CLA in question (Decision No. CU-0200/23, of 17 February 2023, of the University Council of the University of the Andes, and Official Letter No. 35 DRL-DCC-083-05-2024, of 15 May 2024, of the administrative vice-dean of the Central University of Venezuela).
2. 435. With respect to the allegations of persecution, intimidation and harassment by the Bolivarian National Intelligence Service (SEBIN) against Mr Julio García, a university teacher and president of the Carabobo College of Nursing, the Government indicates that: (i) notwithstanding his arrest on 12 August 2017, on suspicion of involvement in the assault on the 41st Armoured Brigade of Fuerte Paramacay, a military facility located in the state of Carabobo, in events the ultimate aim of which was to cause upheaval of the institutional and constitutional order, and the political and civil peace in the country, in the absence of compelling evidence he was released on 28 September 2017 after a preliminary hearing, through a decision issued by the Third Military Control Court; and (ii) Mr García has continued to exercise his trade union activity without any impediment, in full freedom of expression and exercise of his civil and political rights.

D. The Committee’s conclusions

1. 436. The Committee recalls that the present case concerns: (i) the alleged withholding of union dues by the Government and its failure to transfer them to the trade union organizations in the university sector; (ii) the alleged exclusion from and denial of the right to collective bargaining in the education sector, as well as favouritism in collective bargaining towards an organization close to the Government; and (iii) alleged acts of persecution, intimidation and harassment by SEBIN against Mr Julio García, a university teacher and president of the Carabobo College of Nursing.
2. 437. With respect to recommendation (b) in its previous examination of the case (to urgently address the issues related to the withholding of union dues in the framework of the meetings to be held between the trade union confederations and the MPPPST, as agreed at the fourth session of the social dialogue forum of February 2024), the Committee notes that the complainants allege that the Government has still not transferred to the trade union organizations in the university sector the amount corresponding to the trade union dues, and nor has it made the payments of contributions by employers to savings accounts or to the health and social protection institutions, nor made liability premium payments for certain posts.
3. 438. The Committee notes that, while in its reply the Government does not refer to the question of union dues, this question was addressed by the Governing Body in its November 2024 session as part of its periodic situation report on developments of the social dialogue forum to give effect to the recommendations of the Commission of Inquiry established under article 26 of the ILO Constitution to examine observance by the Government of the Bolivarian Republic of Venezuela of Convention No. 87, among others. The Committee notes that, according to the above report: (i) the Government reported to the Governing Body that, between April and October 2024, three technical meetings were held on Convention No. 87, in which the Government reported that the MPPPST and the authorities of the National Treasury had set up a task team to regularize the situation regarding trade union dues, that progress had been made in that regard, and that although financial resources were available it was essential for the trade unions to confirm what was owed by indicating the corresponding amount; and (ii) the workers’ organizations reported to the Governing Body that the policy of withholding trade union dues continued, emphasized the importance of regularizing the payment of such dues, and indicated that obtaining information from employers about the outstanding debt was difficult; the workers’ organizations appreciated the Government’ s willingness to resolve the problem, and suggested setting up a working group and establishing a timetable for resolving the problem, provided that the Government was willing and had the necessary funds.
4. 439. While duly noting the Government’s indications on the establishment of a working group to regularize the situation, as well as funds available in this respect, the Committee notes from the foregoing that the situation concerning trade union dues has still not been resolved. The Committee recalls once again that it considers that trade union dues do not belong to the authorities, nor are they public funds, but rather they are an amount on deposit that the authorities may not use for any reason other than to remit them to the organization concerned without delay [see Compilation of decisions of the Committee on Freedom of Association, sixth edition, 2018, para. 699]. The Committee considers that withholding union dues may constitute union interference. The Committee therefore urges the Government to take specific action as soon as possible to enable this urgent situation to be resolved. The Committee expects the Government to continue advancing with the working group, inform trade unions of the total amount of dues withheld and owed to date, and, when applicable, proceed with their payment. The Committee requests the Government and the complainants to keep it informed of any developments in this respect.
5. 440. With respect to recommendation (c) of its previous examination of the case (to take measures to ensure that the most representative organizations in the university sector participate in collective bargaining on the working conditions of workers in this sector), the Committee notes the complainants’ allegation that in the university sector there have been no discussions concerning the conclusion of a CLA since 2017 and that the Government indicates that in 2022 the fourth CLA signed between the Ministry of the MPPEU and the FTUV representing 143 primary trade unions was approved.
6. 441. The Committee recalls that in its previous examination of the case it had already noted the fourth CLA with the FTUV and the allegations of the FAPUV in this respect that: (i) the organizations representing more than 90 per cent of university workers did not participate in the negotiation of the above-mentioned fourth CLA; (ii) the Government refused to bargain collectively with the FAPUV, despite it being the legitimate trade union representative of university teachers; and (iii) the FTUV was established in 2015 in the offices of the MPPPST and is controlled by the Government.
7. 442. While noting that it has not been provided with precise data on the degree of representativeness of the various trade union organizations in the university sector, the Committee notes that the Government does not contest the representative character claimed by the FAPUV. Recalling once again that the employers, including governmental authorities in the capacity of employers, should recognize for collective bargaining purposes the organizations representative of the workers employed by them [see Compilation, para. 1354], the Committee once again urges the Government to take the necessary measures to ensure that the most representative organizations in the university sector participate in collective bargaining on the working conditions of workers in this sector. The Committee requests the Government and the complainants to keep it informed of specific action and progress made in this respect.
8. 443. With respect to recommendation (d) (to ensure that the allegations concerning the harassment and persecution of Mr Julio García are addressed as soon as possible in the context of the actions being taken in follow-up to the social dialogue forum and that urgent measures are taken to guarantee the exercise of freedom of association and to ensure the cessation of the alleged harassment), the Committee notes the Government’s indication that notwithstanding his arrest on 12 August 2017, Mr García was released on 28 September of the same year and since then has continued to exercise his trade union activity without any impediment, in full freedom of expression and exercise of his civil and political rights. While noting the Government’s indications, the Committee recalls that in its previous examination of the case it noted specific allegations of harassment and persecution of Mr García in 2023 by the Government’s political security agencies. Having received no new information from the complainants on the teacher’s situation, the Committee firmly hopes that the Government will ensure full respect for the teacher’s trade union rights.
9. 444. Lastly, with respect to recommendation (e) (the Committee invited the Government to continue to avail itself of technical assistance from the Office, especially through the assistance of the ILO Special Adviser on Social Dialogue), the Committee notes that at its November 2024 session, the Governing Body: (i) deeply regretted that the Government had not made the necessary arrangements to ensure that the ILO Special Adviser on Social Dialogue could continue to provide support on a constant basis in the country; and (ii) requested the Director-General to continue collaborating with the Government and the social partners of the Bolivarian Republic of Venezuela on the full implementation of the recommendations of the Commission of Inquiry, the related Governing Body decisions and the effective application of Convention No. 87, among others, on the condition that the ILO Special Adviser could continue to provide support on a constant basis in the country. The Committee also notes that the CTASI, FENASIPRUV and the CTV express interest in establishing a national forum for social dialogue in the university sector with ILO technical assistance, where the above-mentioned issues can be addressed. In the light of the foregoing, the Committee strongly encourages the Government to set up the above-mentioned forum for dialogue to address and resolve the issues raised in this case as soon as possible. The Committee requests the Government and the complainants to keep it informed in this respect. The Committee reiterates its invitation to the Government to, in accordance with the decision of the Governing Body, continue to avail itself of the Office’s technical assistance, especially through the assistance of the ILO Special Adviser on Social Dialogue.

The Committee’s recommendations

1. 445. In the light of its foregoing interim conclusions, the Committee invites the Governing Body to approve the following recommendations:
   • (a) The Committee urges the Government to take specific action as soon as possible to resolve this urgent situation relating to the regularization of the payment of union dues. The Committee expects the Government to continue advancing with the working group, inform trade unions of the total amount of dues withheld and owed to date, and, when applicable, proceed with their payment. The Committee requests the Government and the complainants to keep it informed of any developments in this respect.
   • (b) The Committee once again urges the Government to take the necessary measures to ensure that the most representative organizations in the university sector participate in collective bargaining on the working conditions of workers in this sector. The Committee requests the Government and the complainants to keep it informed of specific actions and progress made in this respect.
   • (c) The Committee firmly hopes that the Government will ensure full respect for Mr Julio García’s trade union rights.
   • (d) The Committee strongly encourages the Government to set up the national forum for social dialogue in the university sector to address and resolve the issues raised in this case. The Committee requests the Government and the complainants to keep it informed in this respect. The Committee reiterates its invitation to the Government to, in accordance with the decision of the Governing Body, continue to avail itself of the Office’s technical assistance, especially through the assistance of the ILO Special Adviser on Social Dialogue.