Paid Educational Leave Convention, 1974 (No. 140) - Venezuela (Bolivarian Republic of) (RATIFICATION: 1983)

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The Committee notes the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 1 September 2022. The Committee requests the Government to provide its comments in this respect.

Articles 2 to 6 of the Convention. Development and application of the policy to promote the granting of paid educational leave. Participation of the social partners. The Committee notes that the Government refers to articles 298 and 299 of the Basic Act concerning labour and men and women workers (LOTTT), which ascribes responsibility to the State for generating the opportunities for social, technical, scientific and humanistic training of workers, and for encouraging the development of their productive capacities to ensure their integration into the social process of work. In this connection, the Government reiterates that, as provided under section 316 of the LOTTT, “men and women employers may grant leave to men and women workers who are engaged in studies”. Equally, the Government reiterates that employers are obliged to hire apprentices where required to do so by the technical training programme regulations (section 304 of the LOTTT) and may be called on to provide the necessary space and personnel for the development of training plans for their workers, in addition to the programmes undertaken by the National Executive (section 311 of the LOTTT). The Committee also notes that the Government once again indicates that paid educational leave is guaranteed when collective agreements are promoted, which sometimes include the right to such leave. The Government also repeats that the worker and employer decide on how the educational leave will be taken, in such a way that it has the least possible impact on working time. The Government adds that, for this purpose, it could be agreed to change the worker’s hours and establish the manner in which the worker must make up the hours to achieve the work goals. In this regard, the Committee stresses that the obligation to make up hours of work is not compatible with the Convention and recalls once more “the essential requirement that educational or training activities should take place during working hours. The time devoted to these activities must be included in working hours if there is to be genuine educational leave […]” (1991 General Survey on human resources development, paragraph 349). With regard to the implementation of policies to promote the granting of paid educational leave, the Government indicates in a general manner that measures have been adopted with a view to encouraging continuous and lifelong training for workers, through training centres and the implementation of trade union training programmes by the workers national federations. In this connection, the Government refers to the signing of agreements between higher education centres and non-governmental organizations working in the field of workers’ rights and in international trade unionism with a view to promoting trade union organizations. The Committee nevertheless observes that once again the Government does not indicate whether these activities are carried out within the framework of paid educational leave. The Committee also notes that the Government reports that between 2017 and 2022, a total of 28 collective agreements were signed in the public and private sectors, within the framework of which 167,256 women and 90,039 men have benefited contractually from paid educational leave. However, once again the Government provides no information on the conditions that must be met by the workers to be eligible for paid educational leave, nor on the duration of the leave, and the amounts of financial benefits paid. Finally, the Committee notes that the CBST-CCP indicates in its observations that, through its principal federations, it has succeeded in promoting the training and education of workers, including educational leave granted to workers by employers. As an example, the CBST-CCP refers to two collective agreements in the educational and petrol sectors that include clauses related to paid educational leave and the promotion of training for workers. The Committee urges the Government to provide detailed and updated information on the formulation and application, in collaboration with the social partners, of policies to promote the granting of paid educational leave for vocational training at whatever level, and also for general, social, civic and trade union education, in conformity with Article 2 of the Convention, and provide copies of the pertinent texts. Moreover, the Committee urges the Government to provide detailed and updated information on the manner in which paid educational leave is granted, and particularly: (a) the conditions that workers must fulfil to benefit from such leave; and (b) the duration of the leave; and (c) the level of the financial benefits paid. The Committee also requests the Government to provide updated statistics, disaggregated by sex, showing the number of workers granted paid educational leave.

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The Committee notes the observations made by 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 26 September 2018. The Committee requests the Government to provide its comments in this respect.

Articles 2 to 6 of the Convention. Development and application of a policy to promote the granting of paid educational leave. Participation of the social partners. In its previous comments, the Committee requested the Government to indicate cases in which the Basic Labour Act on men and women workers (LOTTT) provides for the granting of paid educational leave, within the meaning of the Convention. In its report, the Government refers to section 316 of the LOTTT, which provides that “men and women employers may grant leave to men and women workers who are engaged in studies”. The Government adds that, under the national legislation the employer is not under an obligation to grant paid educational leave. However, in accordance with the provisions of sections 298 and 300 of the LOTTT, employers are required to hire apprentices and admit interns when so requested by educational institutions. Likewise, the objectives set by the National Executive for the technical and educational training of men and women workers could require employers to provide the necessary space and personnel for the development of training plans for their men and women workers, without this involving the interruption of their productive work. In this regard, the Committee recalls “the essential requirement that educational or training activities should take place during working hours. The time devoted to these activities must be included in working hours if there is to be genuine educational leave […]” (see the 1991 General Survey on human resources development, paragraph 349). The Government indicates that paid educational leave is guaranteed when collective agreements are concluded, which sometimes include the right to such leave. In such cases, the worker and the employer decide how the educational leave will be taken in such a way that it has the least possible impact on working time, for which purpose it could be agreed to change the worker’s hours and the manner determined in which the worker must make up the hours to achieve the work goals. However, the Committee notes that UNETE, CTV, CGT and CODESA indicate that, as a result of the abolition of the different wage scales and the establishment of a single wage in September 2018, regardless of occupation, educational status or length of service, all collective agreements previously concluded were de facto abolished, thus eliminating the benefits and incentives set out in those agreements for accessing comprehensive, continuing and lifelong education, including paid educational leave. The trade unions observe that these actions have removed workers’ opportunities for development or advancement in the country. The Committee observes that the Government does not provide information in its report on the policies or measures adopted with a view to promoting the granting of paid educational leave for the specific purposes set out in Article 2. In that respect, the Committee recalls that the Convention requires the formulation and application of “a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave” (Article 2) with the participation of the social partners (Article 6). The Committee requests the Government to provide information on the formulation and application of policies and measures to promote the granting of paid educational leave for vocational development at any level, and for trade union education (Articles 2 and 5), and to provide the relevant texts. The Committee also requests the Government to indicate the manner in which paid educational leave is granted, and particularly: (a) the conditions that workers must fulfil to benefit from such leave; (b) the duration of the leave; and (c) the level of the financial benefits paid (Article 3). The Committee also requests the Government to provide updated statistics, disaggregated by sex, showing the number of workers granted paid educational leave (Part V of the report form).

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The Committee notes the Government’s report received in September 2013 in response to the 2009 direct request. The Government emphasizes that the Basic Act on labour and men and women workers (LOTTT), issued in May 2012, provides for the award of educational grants by employers which have over 200 workers, apprenticeships for persons between 14 and 18 years of age, internships for students as part of their training and the organization by the employer of technical and technological training courses on the operations of the productive process. The Government indicates that, where the educational leave is to undertake studies, when the worker does not have to work in the firm for a certain period of the day, it is treated as one of the grounds for the suspension of the employment relationship laid down in section 72(h) of the LOTTT. The Committee notes that section 72 of the LOTTT, under certain conditions, exempts the employer from paying wages where the employment relationship is suspended. The Committee recalls that the expression “paid educational leave” means leave granted to workers with “adequate financial entitlements” (Article 1 of the Convention). The Committee invites the Government to indicate in its next report cases in which the LOTTT provides for the granting of paid educational leave, within the meaning of the Convention. Please also describe how a policy to promote the granting of educational leave has been drawn up and provide texts related to the preparation of that policy.

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In reply to the 2005 direct request, the Government indicates in the report received in August 2008 that around 895,000 workers in the public sector benefit from a right to eight paid hours a week for academic activities and other special study leave. In the private sector, collective agreements have established the right to paid educational leave. Workers in the private sector who are not covered by a collective agreement can invoke the right to benefit from paid educational leave by referring to the exercise of this right deriving from the ratification of the Convention. The Committee invites the Government to include examples of judicial or administrative decisions involving questions relating to paid educational leave (Part IV of the report form). The Committee hopes that the Government will also include statistics showing the number of workers granted paid educational leave during the period covered by the report (Part V of the report form).

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The Committee notes the Government’s report and the brief indications contained within in response to its previous request. It hopes that the next government report will contain more extensive information on the provisions in force granting paid educational leave for the purposes set out in the Convention (Articles 2 and 3 of the Convention). In particular, please supply information on the measures taken or envisaged concerning the application of section 26 of the Act issuing the conditions of service of the public service. Please also specify the legal or regulatory provisions, collective agreements governing the granting of paid educational leave to workers in the private sector. Please forward all available statistical data on the number of workers granted paid educational leave (Part V of the report form).

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1. The Committee notes the Government’s report received in October 2002 and the documentation attached, in particular the texts of two collective agreements which contain clauses concerning paid educational leave.

2. Regarding the question raised in paragraph 1 of its observation of 2001, the Committee would be grateful if the Government would indicate the provisions currently in force which provide for the granting of paid educational leave as defined in the Convention.

3. Referring to paragraph 2 of the above observation, concerning the provisions which restrict the granting of paid educational leave to workers below 30 years of age, the Committee would be grateful if the Government would indicate in its next report whether the above provisions are still in force and, if they have been repealed, amended or replaced, and if it would provide copies of the relevant texts.

4. Please provide a general appreciation of the manner in which the Convention is applied, including in particular statistics on the number of workers who have been granted paid educational leave (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2004.]

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1. With reference to a direct request made at its 64th Session (February March 1995), the Committee notes that, according to the Government’s brief report received in September 2000, new regulations have been issued under the Organic Labour Act which repeal the regulations of 1973, with the exception of the provisions respecting recipients of study grants. The Committee notes that section 267(a) of the new Regulations of 1999 repeal the Regulations issued under the Labour Act of 1973, with the exception of Title IV (respecting special labour schemes). Consequently, the Committee would be grateful if the Government, taking into consideration the most recent legislative reforms, would indicate the current provisions which provide for the granting of paid educational leave as defined in the Convention.

2. The Government also indicates in its report that it has taken note of the question raised by the Committee concerning the extension of the age at which workers are eligible to receive study grants to over 30 years. The Committee refers to its previous comment and once again requests the Government to take measures within the context of the policy to promote the granting of paid educational leave envisaged in Articles 2 and 6 of the Convention, to extend the application of these study grants to workers over 30 years of age.

[The Government is asked to report in detail in 2002.]

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The Committee notes the provisions of section 245 of the Labour Act, which from now on will require enterprises employing more than 200 workers to finance study grants. Referring to its 1991 General Survey on Human Resources Development (paragraph 344), the Committee recalls that such grants may be assimilated to paid educational leave within the meaning of Article 1 of the Convention when the beneficiaries are the workers themselves. The Committee also notes that, by virtue of regulation 299 of the Labour Act Regulations, these grants apply only to workers under 30 years of age. It asks the Government to indicate in its next report whether measures have been taken or are envisaged, as part of the policy to promote the granting of paid educational leave provided for by Articles 2 and 6 of the Convention, to extend the application of these study grants to workers over the age of 30.

The Committee also notes the stipulations in the 1993-94 CANTV collective agreement, providing for the granting of paid leave for examinations and unpaid leave for training. It would be grateful if the Government would continue to supply information on collective agreements establishing the granting of paid educational leave, and progress made in this respect.