Workers with Family Responsibilities Convention, 1981 (No. 156) - Venezuela (Bolivarian Republic of) (RATIFICATION: 1984)

CMNT_TITLE

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), received on 26 August 2006, which refer to matters that are under examination.

Article 3 of the Convention. National policy. With reference to the measures adopted with a view to promoting equality between workers with family responsibilities and other workers, the Committee notes that the Basic Act on Labour, Male and Female Workers (LOTTT) of 2012 contains various provisions for the protection of workers with family responsibilities and for the reconciliation of work and family responsibilities. The Committee notes that section 331 of the LOTTT provides that in the social process of work and based on each work unit, maternity shall be protected and support provided for fathers and mothers in the process of raising, educating, training, maintaining and assisting their sons and daughters. The Committee also notes that the National Plan for Gender Equality and Equity 2013–19 provides in objective 2.9 for the promotion of shared domestic responsibilities. The Committee requests the Government to provide information on specific measures adopted to give effect in practice to section 331 of the LOTTT and to the National Plan for Gender, Equality and Equity.

Article 4(b). Terms and conditions of employment. With reference to the measures adopted to take into account the needs of workers with family responsibilities, the Committee notes that section 339 of the LOTTT provides for 14 days of paid paternity leave and section 345 establishes the right of mothers to two daily nursing breaks during the lactation period. The Committee notes that, according to the CTV, paternity leave is not paid in many cases. The CTV adds that the main problem in reconciling family and work responsibilities lies in the organization of working time, which currently depends principally on employers. The Committee requests the Government to provide information on the manner in which paternity leave is implemented in practice, including statistical data on the number of workers to which such leave is granted, and how it is ensured that it is remunerated in practice, as required by the legislation. The Committee requests the Government to provide information on the measures adopted or envisaged in relation to working time with a view to facilitating the reconciliation of family and work responsibilities. The Committee requests the Government to provide information on any other measures adopted or envisaged in relation to terms and conditions of employment and social security with a view to taking into account the needs of workers with family responsibilities.

Article 5. Services and facilities for the care of children and other family members. The Committee notes that section 348 of the LOTTT provides that the State shall implement programmes of specialized care within the framework of social security to provide support to workers for the care and protection of boys, girls, adolescents, elderly persons and other family members when any type of special care is required, or when they cannot care for themselves. Section 161 of the LOTTT also provides the requirement of the employer that have over 1,000 workers, in cases where the work is performed at over 100 kilometres from a city with educational care centres, to establish educational institutions. Section 343 provides that employers with over 20 workers shall maintain an initial education centre which has a nursing room, in which adequate care and education is provided for the children of the workers from the age of three months until six years. Section 344 sets out various means for compliance with this requirement. The Committee further notes that items 2.9.1 and 2 of the National Plan for Gender Equality and Equity 2013–19 provides for the promotion of policies for the care of children and persons who are highly dependent for reasons of illness, advanced age and disability. The Committee requests the Government to provide information on the implementation of care programmes to provide support for workers with family responsibilities as envisaged in section 348 of the LOTTT, and on compliance by enterprises with sections 161 and 343 of this Act in relation to the requirement to establish education institutions. The Committee requests the Government to provide information on the number of public and private education institutions established.

Article 6. Awareness raising on the principle of the Convention. The Committee notes that the Government refers to various measures and programmes to raise the awareness of the public at large concerning the situation of workers with family responsibilities in relation to share responsibility between men and women for the care of children and dependent persons, as well as in relation to domestic work, such as the Flora Tristán Programme of 2014, consultations with workers and various meetings held with workers from over 70 enterprises. The National Plan for Gender Equality and Equity 2013–19 also refers to the need to develop a communication and training strategy on the sharing of domestic tasks.

Article 8. Protection against dismissal. The Committee notes that the LOTTT guarantees the following: stability of employment of pregnant workers from the beginning of the pregnancy until two years following confinement; the father from the pregnancy of the mother until two years following confinement; workers who adopt children under three years of age for two years following the date on which the child is received for adoption; and workers with children with any disabilities or illnesses which prevent or hinder them from caring for themselves. The Committee requests the Government to provide information on the administrative and judicial remedies available in cases of failure to comply with the provisions of the LOTTT which guarantees the employment stability of workers with family responsibilities. The Committee also requests the Government to provide statistical data on the number of administrative decisions or court rulings issued in cases of the dismissal of workers with family responsibilities, including the outcome of such cases and any penalties imposed.

CMNT_TITLE

Article 3 of the Convention. National policy. The Committee notes the information sent by the Government indicating that section 98 of the Regulations to the Basic Labour Act establishes, where all other conditions are equal, a preference in employment for women and men workers with family responsibilities. The Committee requests the Government to continue to provide information on the national policy on workers with family responsibilities and to state whether, in addition to dependent children, it also includes other members of the immediate family who clearly need their care or support. The Committee requests the Government to provide information on any documents or studies on national policy in this area.

Article 4(b). The Committee notes the Government’s statement that according to the Act of 2007 on prevention, working conditions and working environment, workers shall have one day’s leave per month during their children’s first year in the interests of medical paediatric care. The Government also states that the legislation provides that workers with family responsibilities shall get preference for taking their holidays so as to coincide with the school holidays of their children. The Committee requests the Government to continue to provide information on the measures adopted to take account of the needs of workers with family responsibilities regarding conditions of employment and social security (see Paragraphs 17–22 and 27–30 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165).

Article 5. Services and facilities for care of children and other members of the family. Observing that the Government has sent no specific information on this matter, the Committee requests it to report on the measures adopted to give practical effect to this Article and to provide information on the percentage of workers who benefit from each of the possibilities mentioned, indicating progress made and difficulties encountered. The Committee also asks the Government to forward the conclusions of the Labour Inspectorate regarding the annual reports submitted by the employers on fulfilment of the obligation regarding the establishment of crèches or early education services for workers’ children, provided for in sections 101 and 102 of Act No. 4447. The Committee again asks the Government to provide information on the childcare services available to workers with family responsibilities who have children over 5 years of age.

Article 6. Awareness raising about the principle of the Convention. The Committee requests the Government to provide information on the activities conducted by the National Institute for Women (INAMUJER) to promote, through information and education, a better understanding by the public of the principle of equality of opportunity and treatment for men and women workers in terms of the problems encountered by workers with family responsibilities, and to engender a climate of public opinion that is conducive to overcoming these problems.

Articles 9 and 11. Participation of employers’ and workers’ organizations in the application of the Convention. The Committee notes that according to the Government, there are collective agreements in the public and private sectors that provide for benefits for workers with family responsibilities, such as a bonus for the birth of a child, student scholarships and school equipment. The Committee requests the Government to provide copies of collective agreements containing provisions that give effect to the Convention and to report on any other measures whereby employers’ and workers’ organizations participate in the application of the Convention.

CMNT_TITLE

1. Article 3 of the Convention. The Committee notes from the report that Decree No. 4447 of 25 April 2006 to amend in part the Regulations of the Organic Labour Law, includes a focus on gender and aims to put an end to the tendency towards more flexible and precarious labour relations, extend and strengthen the human rights of men and women workers and step up action by the State, particularly the Ministry of Labour, to ensure more effective protection of the human rights of men and women workers. It furthermore lays the foundations for the future amendment of the Organic Labour Law. According to the Government, the most significant changes include maternity protection in respect of the children of men and women workers, and the authority conferred on the Ministries of Labour and Health to extend the period for breastfeeding for more than six months. The Committee would be grateful if the Government would continue to provide information on its national policy for workers with family responsibilities and to state whether, in addition to dependent children, it includes other members of the immediate family who clearly need their care or support. Please provide studies or other documents illustrating the national policy in this area.

2. Article 4(b). The Committee again asks the Government to send information on measures that have been taken to accommodate the needs of workers with family responsibilities regarding conditions of employment and social security (paragraphs 17 to 22 and 27 to 30 of the Workers with Family Responsibilities Recommendation, 1981 (No. 165)).

3. Article 5. The Committee notes that Decree No. 4447 establishes (second section “Comprehensive care for the children of men and women workers”) that an employer with more than 20 workers (men or women) must provide crèche or preschool facilities for their children during the working day (section 101) and that this obligation may be met through: (a) the establishment and maintenance, by one or more employers, of crèche or preschool facilities; (b) the payment of a registration and a monthly fee to the crèche or preschool facility duly registered with the competent authorities; and (c) any other arrangements that may be established by a joint decision of the Ministries of Labour and Education (section 102). Please provide information on the practical measures taken for giving effect to this Article and on the percentage of workers benefiting from each of the abovementioned options, indicating progress made and any difficulties encountered. Noting also that section 109 of Decree No. 4447 provides that employers must send the labour inspectorate an annual report on compliance with this obligation, the Committee would be grateful if the Government would send the inspectorate’s findings as to such compliance based on these annual reports. The Committee requests information on the childcare services available for workers with family responsibilities whose children are over 5 years of age, since the services mentioned previously apply to children of up to 5 years of age.

4. Article 6. The Government states that the National Institute for Women (INAMUJER), established under the Equal Opportunities for Women Act, aims to achieve full equality in law and in fact between men and women and to this end has taken initiatives regarding legislation, projects, programmes and awareness raising. The Committee would be grateful if the Government would send information on the activities conducted by INAMUJER, to promote, through information and education, greater understanding by the public at large of the principle of equality of opportunity and treatment between men and women workers and of the problems faced by workers with family responsibilities, as well as a climate of opinion conducive to overcoming these problems.

5. Article 11. Please indicate the manner in which the participation of employers’ and workers’ organizations is ensured in devising and applying measures to give effect to the provisions of the Convention.

CMNT_TITLE

The Committee notes the information supplied by the Government in reply to its previous comments, including the attachments. It also notes with interest the promulgation of the Regulations implementing the Organic Labour Law, published in the Official Gazette No. 5.292 (special issue), on 25 January 1999.

1. Article 3 of the Convention. The Committee notes that the said Regulation, section 123, Preferential recruitment, Chapter IX of the Protection of Motherhood and the Family, First Section, General Provisions, states that "anyone wishing to obtain employment and who has family responsibilities must, all things being equal, be preferred by the employer under the terms of section 29 of the Organic Labour Law". The Committee notes with interest that the text of the section cited refers to workers with family responsibilities, in contrast to section 29 of the Organic Labour Law, which provides for preference to be given to heads of household, regardless of sex. The Committee wishes to know whether it is planned to amend section 29 of the Organic Labour Law, since its literal application could result in discrimination against working women with family responsibilities who are not heads of household. The Committee recalls that the purpose of the Convention is to ensure that the family responsibilities of workers, be they women or men, do not become grounds for discrimination or generate new forms of discrimination, for example, in regard to workers with family responsibilities who are not heads of household or to workers who do not have family responsibilities. Please provide detailed information on the practical application of the two articles cited.

2. Article 4(b). The Committee notes that section 7 of Decree No. 2.944 indicates that the system provides financial benefits for temporary incapacity, maternity and adoption and that it is for the Ministry of Labour and Social Security, as the governing body of the Integrated Social Security System, to decide on the amount of these benefits. The Committee again asks the Government to supply information on the other measures adopted in respect of conditions of employment and social security in order to give effect to this provision of the Convention. For example, the Committee wishes to know to what extent measures have been adopted for the purpose of giving effect to section 23, 1 and 2, of the Workers with Family Responsibilities Recommendation, 1981 (No. 165), which covers leave of absence in the case of the illness of a dependent child, or of another member of the worker's immediate family who needs that worker's care or support.

3. Article 5. Observing that section 123 of the Regulation provides that employers referred to in section 391 of the Organic Labour Law shall ensure that those workers who receive a monthly remuneration in cash which does not exceed the equivalent of five minimum salaries and who have children up to the age of 5, shall be provided with child-minding services during the working day, the Committee requests information on the practical application of this measure, such as the percentage of workers who can benefit from this service or the proportion of children cared for under the Regulation, and the difficulties encountered in covering the percentage who do not receive this service. Furthermore, the Committee would appreciate receiving information on the childcare services available for workers with family responsibilities having children older than 5 years old.

4. Articles 6 and 7. The Committee has noted the Act establishing the INCE (Instituto Nacional de Cooperacíon Educativa) and the attached material on training provided by that body. Nevertheless, the Committee has been unable to verify from the material available the existence of provisions or projects designed to provide better public understanding of the principle of equality of opportunity and treatment between men and women workers and the problems of workers with family responsibilities. Please provide information on the provisions, programmes or projects undertaken to give effect to Article 6 of the Convention, taking into account paragraphs 90 to 95 of the 1993 General Survey on workers with family responsibilities.

CMNT_TITLE

The Committee notes the information supplied by the Government in answer to its previous comments, and the promulgation of the new Organic Labour Act.

Article 3 of the Convention. The Committee notes section 29 of the Organic Labour Act which provides that, in engaging their personnel, employers shall, other matters being equal, give preference to heads of households of either sex. It asks the Government to report on the progress of the regulations provided for in the above Act and hopes that when they are drafted, it will be borne in mind that the fundamental objective of the Convention is to ensure that the family responsibilities of men and women workers do not become grounds for discrimination.

Article 4, paragraph (b). The Committee again asks the Government to indicate the measures taken or envisaged to give effect to this provision of the Convention with regard not only to recruitment but conditions of employment and social security. In connection with this last point, the Committee asks the Government to provide detailed information on the benefits referred to in the second paragraph of section 387 of the Organic Labour Law.

Article 5. The Committee notes with interest the information on the progress of the National Childcare Programme which is community-oriented and aims to incorporate mothers into the labour market. The Committee hopes that the Government will continue to provide information on the implementation of the above programme and how it is progressing in practice in terms of meeting its set objective.

Article 6. The Committee notes the existence of the National Institute for Cooperation in Education (INCE) and its General Directorate for Communications and Public Relations, "which is responsible for disseminating through the social media the activities, plans and programmes of the INCE". The Committee asks the Government to provide a copy of the Organic Act respecting the INCE together with detailed information on how the General Directorate of Communications and Public Relations promotes information and education for the general public which engender a broader public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities.

Article 7. The Committee notes the indication in the Government's report that there is a General Directorate of Vocational Guidance in the INCE. The Committee asks the Government to provide a copy of the regulations governing the activities of the above General Directorate together with detailed information on its activities in the area of vocational guidance and training to enable workers with family responsibilities to become and remain integrated in the labour force, as well as to re-enter the labour force after an absence due to those responsibilities.

CMNT_TITLE

The Committee notes with interest the entry into force on 1 May 1992 of a new Organic Labour Act, and the information supplied by the Government in relation to its previous comments.

1. The Committee refers to paragraph 90(c)(iii) of the report of the Committee set up by the Governing Body to examine the representation made by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), under article 24 of the Constitution, alleging non-observance by Venezuela of certain international labour Conventions. In the report the Committee of Experts is asked to examine section 387 (10 weeks maternity leave for adoptive mothers) of the new Organic Labour Act in the light of the present Convention.

In this connection, the Committee refers to its 1993 General Survey on Workers with Family Responsibilities, in which it refers to the objectives of the instruments as being to promote equality of opportunity and treatment in employment for men and women workers with family responsibilities as well as between workers with family responsibilities and those without such responsibilities. The General Survey explains that the inclusion in Article 1, paragraphs 1 and 2, of the Convention of the phrase "where such responsibilities restrict their possibilities of preparing for, entering, participating in or advancing in economic activity" introduces a condition to prevent making workers with family responsibilities a privileged group in relation to other workers, thereby giving rise to discrimination against other members of the workforce.

With regard to the question of whether the granting of leave only to adoptive mothers and not to adoptive fathers is contrary to the Convention, the Committee considers that discrimination against male workers cannot be inferred from section 387 of the Organic Labour Act on the grounds that it does not grant maternity leave for adoptive fathers. The Committee is of this opinion because the Act itself refers to the leave as "maternity leave" and because this provision should be considered in the context of the Act as a whole, and the Act makes no provision for male workers to have leave for the birth of a child in the family. In this connection the Committee refers to paragraph 124 of its General Survey. Furthermore, Article 3, paragraph 2 of Convention No. 156 defines "discrimination" in exactly the same terms as Article 5 of Convention No. 111 which allows special measures of protection or assistance provided for in other Conventions adopted by the International Labour Conference. The maternity leave for adoptive mothers in the new Venezuelan Labour Act comes under the measures of protection provided for in Convention No. 103 which Venezuela has also ratified.

2. The Committee refers to other aspects of the Convention in a direct request addressed to the Government.

CMNT_TITLE

The Committee notes the information supplied by the Government in reply to its previous comments.

Article 10, paragraph 2, of the Convention. The Committee again requests the Government to state the extent to which effect has been given or is proposed to be given to Article 11 (manner in which employers' and workers' organisations participate in devising and applying measures designed to give effect to the Convention).

Articles 3 and 4. The Committee notes from the Government's report that a draft labour law which introduces the term "workers with family responsibilities", which gives employment preference to heads of family and which contains a number of provisions favourable towards workers with young children, has been prepared. The Committee hopes that the draft provisions have been elaborated with a view to creating effective equality of opportunity and treatment for men and women workers and to enable workers with family responsibilities to exercise their right to free choice of employment without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities in accordance with the provisions of the Convention. It hopes that the Government will indicate progress in the adoption process of this legislation.

Article 4(b). The Committee notes from the Government's report that, in practice, special consideration is given to accommodate workers with family responsibilities although the arrangements may vary according to the conditions of the undertaking, sector of activity or other factors. It further notes that such special arrangements may at times be adopted informally, but in many cases, are provided for in collective agreements and that such measures have developed significantly in the public sector as well. The Committee urges the Government to take all measures, compatible with national conditions and possibilities, to ensure progressively that all categories of workers in all branches of activity are formally entitled to terms and conditions of work which assist them in reconciling their work and family responsibilities. The Committee requests the Government to continue to supply copies of collective agreements with provisions which take account of the needs of workers with family responsibilities and to indicate the manner in which such account is taken in the public sector, such as through public service regulations.

The Committee notes the adoption of National Executive Decree No. 146 of 16 April 1989 and requests the Government to supply a copy of said Decree with its next report. It further requests the Government to continue to provide information on measures taken in social security to take account of the needs of workers with family responsibilities.

Article 5. The Committee notes with interest the information provided by the Government on the development of the national programme on child care centres instituted by the Ministry of Family Welfare and the Children's Foundation. In particular, the Committee notes that the objective of the programme is to attend to the health and welfare of the child while at the same time to facilitate the mother's entry into the labour market. It further notes that the programme appears to be need-based and community-oriented. The Committee requests the Government to continue to provide information on implementation of the programme and the effect it has in practice in meeting its set out objective and development plan.

Article 6. The Committee notes the information supplied in the Government's report concerning the information distributed to male and female workers by the Ministry of Labour about their employment rights including information on family responsibilities. Referring to its previous comment, the Committee once again emphasises that the aim of this Article is to promote information and education of the general public, and not only workers, in order to engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers on the one hand and the problems of workers with family responsibilities on the other. The Committee requests the Government to indicate in its next report the measures taken in this regard which have been aimed at the general public, such as publicity concerning the provisions of Convention No. 156 and Recommendation No. 165, or general public awareness campaigns.

Article 7. The Committee refers to its previous comment and requests the Government to indicate in its next report the measures taken, in particular in the field of vocational training and vocational guidance, to enable workers with family responsibilities to become and remain integrated in the labour force as well as to re-enter after an absence due to family responsibilities.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

I. With reference to Parts I and II of its previous comments, the Committee would recall that, as the Government has stated its intention to apply the Convention by stages, it is required, by virtue of Article 10, paragraph 2, of the Convention, to state in each report the extent to which effect has been given or is proposed to be given to the various articles of the Convention. The Committee, therefore, requests the Government to provide, in its next report, information on the following Articles, which were not covered in the last report.

Article 3. The Committee notes the creation of the Ministry of Family Welfare and requests the Government to provide information on any further measures taken to enable persons with family responsibilities who are engaged, or wish to engage in employment, to exercise their right to do so without being subject to discrimination and, to the extent possible, without conflict between their employment and family responsibilities.

Article 11. Please indicate in what manner employers' and workers' organisations participate in devising and applying measures designed to give effect to the Convention.

II. With respect to the replies made by the Government to the Committee's previous comments concerning measures already taken to give effect to certain provisions of the Convention, the Committee would like to draw attention to the following points:

Article 4(b). 1. The Committee takes due note of the Government's statement that the term "father head of family" ("padres de familia") used in section 18 of the Federal Labour Act applies equally to men and women who are "heads of family" and this is reflected in the standards used by the Central Office of Statistics to classify heads of family.

2. The Committee notes that the collective agreements annexed to the report of the Government do not provide for special conditions of employment or social security measures to take account of the needs of workers with family responsibilities (with the exception of the measures referred to in point 3 below). Paragraphs 18 to 23 of Recommendation No. 165 give examples of special working conditions and conditions of employment and paragraphs 27 to 29 refer to measures in the field of social security. The Committee hopes that the Government will be able to take all measures compatible with national conditions and possibilities, for example in respect of workers in jobs subject to its control, to progressively apply this provision of the Convention and that the next report will indicate the progress made in this regard.

3. The Committee notes that the collective agreements supplied by the Government contain provisions providing post-maternity leave only for the mother of the child ("trabajadoras"). The Committee would point out, however, that all measures applying the Convention should apply equally to men and women having family responsibilities. It would be grateful if the Government would indicate in its next report the measures taken to provide men workers with family responsibilities an opportunity with parental leave equal to that of women workers.

Article 5. The Committee notes the information supplied concerning the progressive establishment of day care centres by the Minister of Family Welfare. The Committee requests the Government to state in its next report the progress made in this regard, indicating in particular the number and nature of community child-care, as well as family services and facilities.

Article 6. The Committee notes the information supplied in the Government's report concerning a programme providing information to women workers. The Committee would recall that the measures provided for by this Article aim at promoting information and education to the general public in order to engender broader public understanding of the principle of equality of opportunity and treatment for men and women workers on the one hand and the problems of workers with family responsibilities on the other. The Committee requests the Government to indicate in its next report the measures taken to inform and educate the general public in this regard. In particular, have steps been taken or envisaged to give publicity to the provisions of the Convention and of Recommendation No. 165?

Article 7. The Committee notes the statistics supplied with the Government's report. It requests the Government to indicate the measures taken, in particular in the field of vocational training and vocational guidance, to enable workers with family responsibilities to become and remain integrated in the labour force.