Labour Inspection Convention, 1947 (No. 81) - Venezuela (Bolivarian Republic of) (RATIFICATION: 1967)

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The Committee notes the observations made jointly by the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the National Union of Workers of Venezuela (UNETE), the United Federation of Workers of Venezuela (CUTV) and the General Confederation of Labour (CGT) received on 30 August 2023.

Articles 3, 4, 5(a) and 6 of Convention No. 81. Structure of the labour inspectorate. The Committee notes that, in response to its previous request, the Government indicates in its report that the units under the State departments of the People’s Ministry of the Social Process of Labour (MPPPST), and the regional labour offices under the Regional Management for Occupational Safety and Health National Health and Safety Prevention Institute (INPSASEL) are decentralized bodies operating throughout the national territory and carry out inspection, supervision and monitoring activities. In 2023, there were 43 supervisory units, whose competences and scope of action are set out in sections 514 to 516 of the Basic Act on labour and men and women workers. INPSASEL is responsible for conducting inspections into occupational safety and health conditions, establishing orders and deadlines for compliance in the event of violations of the regulations in force, without undermining the general competences of the supervisory units attached to the labour inspectorates. The Committee requests the Government to provide information on the effective cooperation among these inspection services and on the structure of the labour inspectorate as the central authority. The Committee also requests the Government to provide an organizational chart of the new structure.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. 1. Special commissioners. The Committee notes that, in response to its previous request, the Government indicates that: (i) special commissioners are part of the supervisory units; (ii) once their vocational technical training, performance, length of service and commitment to the defence of workers’ rights are recognized, the title of the post is changed; and (iii) remuneration and the tasks they perform correspond to the post they occupy and they receive the same benefits as other public servants in the labour inspectorate. The Committee once again requests the Government to indicate which specific tasks are performed by the special commissioners.

2. Remuneration of inspectors. The Committee notes that, in response to its previous request and the previous observations of CTASI and FAPUV on the extremely low salaries of inspectors, the Government indicates that the salary system of officials of the National Public Administration is governed by a general wage scale divided into levels or ranks of administrative staff or graduates, university technical staff and university professional staff, setting out a starting or basic wage for each grade plus compensation for seniority and a professionalization bonus. The Government indicates that a food allowance (the Socialist Basket (Cestaticket Socialista)) is added to the salary system to protect the purchasing power of workers, the amount of which can be adjusted according to needs. The employment relations of public servants in the MPPPST are governed by collective agreements, which include the allocation of a series of benefits, such as childcare, medical services and family allowances, evaluation increments, and provision of uniforms. The Committee notes that CODESA, the CTV, FAPUV, the CTASI, UNETE, the CUTV and the CGT, in their joint observations, state that inspectors’ job security is affected by the low salaries that they receive and that there is no wage adjustment. The Committee requests the Government to send its comments on the observations. While noting the information provided by the Government, the Committee once again requests it to provide information on the salaries and benefits of inspectors in comparison with those of other public officials exercising similar functions in other Government services, such as tax inspectors and police officers.

Articles 20 and 21. Annual report. The Committee notes the statistical information provided by the Government in response to its previous request, for the period 2020–22, which covers some of the subjects required by Article 21 of the Convention but does not contain statistical information on undertakings subject to inspection and the number of workers employed in such undertakings, as well as statistics on occupational accidents and diseases. The Committee notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT report that: (i) it would be useful for the Government to annex the annual labour inspection reports to its report; (ii) there are many omissions compared with the actual situation in the information provided by the Government; (iii) it doubts that there is a reliable database on specialized technical inspection officials and occupational diseases; and (iv) INPSASEL does not have an updated database on occupational accidents. The Committee requests the Government to send its comment on the observations. The Committee requests the Government to continue to provide statistical data on all the questions contained in Article 21 of the Convention and trusts that the future reports will cover all questions contained in Article 21 of the Convention, including subparagraphs (c), (f) and (g). Lastly, the Committee requests the Government to make every effort to ensure that annual inspection reports are published and transmitted to the ILO, in accordance with the requirements in Articles 20(3) and 21 of the Convention.

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The Committee notes the observations made jointly by the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the National Union of Workers of Venezuela (UNETE), the United Federation of Workers of Venezuela (CUTV) and the General Confederation of Labour (CGT) received on 30 August 2023.

Articles 3(1)(a) and (b), 13 and 16 of the Convention. Labour inspection in the field of occupational safety and health (OSH). The Committee notes that, in response to its previous request concerning reasons why there have been no orders with immediate executory force issued in the event of imminent danger to the health and safety of workers, the Government indicates that: (i) in accordance with section 135 of the Basic Act on prevention, working conditions and the working environment, the procedure for reporting conditions of serious or imminent danger to the health and safety of workers is still the full or partial suspension of the activity or production until the official certifies that the situation of serious or imminent danger has passed; (ii) in practice, the situation may be rectified during the inspection, with the inspector present, and not warrant the continued application of the suspension measure. Noting the absence of information in this respect, the Committee requests the Government to provide information on the number oforders with immediate executory force issued in the event of imminent danger to the health and safety of workers issued by labour inspectors with regard to the next reporting period.

The Committee also notes that, according to the Government’s information: (i) the National Institute of Prevention and Health and Safety at Work (INPSASEL) conducted 5,144 inspections in 2020, 948 in 2021 and 1,826 in 2022; and (ii) in 2020 and 2021, labour inspection focused on the prevention of biological risks and, in particular, in 2021 INPSASEL conducted 99,758 inspections to evaluate biosecurity measures during COVID-19 and carried out 34,629 follow-up visits. The Committee notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT, in their joint observations, state that in practice, inspections are not conducted in accordance with the procedures, as there are no voluntary inspections (inspecciones voluntarias), and complaints filed by workers are not duly dealt with because of the lack of material and human resources in the labour inspection system and the lack of training for inspectors. The Committee once again requests the Government to make every effort to ensure that OSH inspections are conductedas often and as thoroughly as is necessary and to continue to provide detailed information on the labour inspection activities related to OSH.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. Selection of inspectors. The Committee notes that, in reply to its previous comment on the selection criteria for inspectors, the Government indicates that it is against the law and practice relating to incorporation into the public Service to select labour inspection staff based on political ideology. The Government also indicates that a dismissal of a public servant is only carried out on the grounds specifically established by law, following due process and with the possibility of implementing the corresponding legal remedies. In this regard, the Committee notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT allege that there is a lack of independence among labour inspectors in the performance of their duties due to political interference. The organizations add that the Government restricts the autonomy of inspectors in their decisions, by designating “special ad-hoc officials or inspectors” who never make themselves known, do not deal with workers’ cases and do not publicize the location of their office. The Committee recalls that, under the terms of Article 6 of the Convention, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and improper external influences. Article 7 also provides that labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties and that the means of checking such qualifications shall be determined by the competent authority. The Committee requests the Government to provide its comments on the observations, and to take the necessary measures to ensurethe stability and independence of labour inspectors, as required by the Convention.

Articles 10 and 11. Number of inspectors and material resources. The Committee notes the Government’s indication, in reply to its previous request, that in 2023 the labour inspectorate had 181 labour inspectors assigned to the inspection units of the People’s Ministry for the Social Process of Labour (MPPPST), compared with 184 in 2020. The Government adds that it has encouraged and promoted the incorporation of labour inspection staff who meet the profile required throughout the national territory aimed at increasing staff numbers with new officials. With regard to the material resources available to labour inspectors, the Government indicates that the supervision units in 18 states have working vehicles that are used to transport officials to areas that are difficult to access, and that it continues to cooperate with other public administration institutions to facilitate inspections, as the availability of petrol and spare parts, as well as office equipment and other supplies, are affected by the unilateral coercive measures. In this respect, the Committee notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT state that the inspection system lacks adequate and trained inspection staff with the necessary material and technical resources, as the institutions do not have their own vehicles to carry out inspection tasks. With regard to substitutes for posts, these organizations indicate that inspectors have not been trained to perform the relevant functions and are not sufficient in number. The Committee requests the Government to send its comments in this respect. While once again observing a slight decrease in the number of labour inspectors, the Committee requests the Government to take all necessary measures to ensure the effective discharge of the functions of the labour inspection services. The Committee requests that the Government continue to provide information on the number of labour inspectors, and particularly on the material resources available to inspectors for the performance of their duties (including vehicles and premises).

Articles 12(1) and (2) and 15(c). Notification of the presence of inspectors on the occasion of an inspection. Timing of inspections. Requirement of confidentiality. In its previous comment, the Committee noted that section 514(1) of the Basic Act concerning labour and men and women workers (LOTTT) maintains the requirement for inspectors to show identification upon their arrival and to specify the reason for the visit, and that it only allows visits during working hours, which limits the free access of inspectors to workplaces. The Committee previously raised concerns that the requirement to notify the reason for the inspection under section 514(1) might jeopardize the confidentiality of the existence of a complaint, as well as the identity of the complainant. In this respect, the Committee notes the Government’s indication that this provision will be referred to the country’s competent authorities for revision. The Committee also notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT welcome the fact that the Government is considering the possibility of revising the legislation to give legal recognition to confidentiality and the need for inspectors to abstain from notifying their presence where this may undermine the success of their task. Noting the Government’s intention, the Committee requests the Government to provide information on any progress made towards amending the provision referred to above to: (i)ensure recognition in the national legislation of the principle of confidentiality and the power of inspectors provided with proper credentials not to notify their presence if they consider that such notification may be prejudicial to the performance of their duties, as required by Articles 12(2) and 15(c) of the Convention; and (ii) give effect to Article 12(1)(a) of the Convention by empowering inspectors (provided with proper credentials) to enter freely at any hour of the day or night any workplace liable to inspection.

Article 16. Supervision by labour inspectors, frequency and thoroughness of inspections. The Committee notes that, in response to its previous request concerning the significant decrease in the total number of inspections in 2019 in comparison with previous years, the Government indicates that: (i) variations in the number of inspections are due to external factors, such as restrictions on movement because of the impact of unilateral coercive measures and the pandemic, as well as internal factors, such as difficulties in replacing inspection staff; and (ii) the labour inspectorate continued to fulfil its functions, with a decrease in numbers in proportion to the decrease in economic activity and movement of persons, but the inspection system’s usual schedule and procedures have been resumed, noting that the System of Protection of Children and Adolescents continued its services during this period. The Government also indicates that in 2020, 2021 and 2022, the MPPPST conducted 2,647, 6,640 and 12,713 inspections, respectively. The Committee also notes the nature of the violations reported and the number of penalties imposed during these years, namely 2,092, 2,165 and 2,714 fines, respectively. In this respect, the Committee notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT indicate that: (i) penalties imposed by the labour inspectorate are not dissuasive, as it is more convenient for the employer to pay the fine than to rectify the reason for the penalty, and often the competent authority does not give effect to the legal penalties; and (ii) there are serious problems with supervision of child labour. The Committee requests the Government to send its comments on the observations and to continue providing statistical data on the number of inspections and violations of labour laws, with an indication of the provisions breached and the penalties imposed. In regard to its pending comments on the Minimum Age Convention, 1973 (No. 138), the Committee once again requests the Government to provide detailed information on the inspection activities carried out in relation to child labour.

The Committee is raising other matters in a request addressed directly to the Government.

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In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) in a single comment.

The Committee notes the 2019 report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).The Committee notes the observations made jointly by the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 15 September 2020, the observations of the CTASI received on 30 September 2020, and the observations of the Bolivarian Socialist Confederation of City, Country and Fishing Workers of Venezuela (CBST–CCP) received on 3 December 2020.

Labour inspection: Convention No. 81

Articles 3, 4 and 6 of the Convention. Structure of the labour inspectorate. In its previous comment, the Committee noted the Government’s indication that the Plan to update the system for the administration of labour justice in administrative proceedings (PASJTSA) had been approved for a period of 15 months with the objective of organizing inspection through the labour inspection services for collective rights, for penalties and for individual rights. The Committee notes the Government’s indication that the Plan ended in December 2016 and was not extended. The Committee requests the Government to provide updated information concerning the various labour inspection units, their composition and their functions.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. 1. Special commissioners. In its previous comment, the Committee noted the Government’s indication that the “special commissioners” appointed by the labour inspection services to cover vulnerable sectors in which distance precludes coverage by the inspection services, are not public officials and do not have security of employment, and are under the direct responsibility of the People’s Minister of the Social Process of Labour. The Committee notes the Government’s indication that in 2020, as they had demonstrated their aptitude for the performance of inspection duties and in view of their academic training, these public officials were appointed to posts included in the supervisory units of the People’s Ministry of the Social Process of Labour (MPPPST), and that their legal status, conditions of service, stability of employment and independence are assured without any discrimination, and that they are covered by the benefits set out in the collective labour agreement concluded between the MPPPST and the unions registered with the Office of the Deputy Minister for the Integrated Labour and Social Security Inspection System. While noting the information provided by the Government, the Committee requests it to indicate whether the special commissioners who have now been incorporated into the supervisory units benefit from the same status and remuneration as labour inspectors and the specific duties that they perform.

2. Remuneration of inspectors. The Committee notes the indication by the CTASI and the FAPUV that the salaries of inspectors are extremely low. The Committee requests the Government to provide its comments in this regard. The Committee also requests the Government to provide information on the salaries and benefits of inspectors in comparison with those of other public officials exercising similar functions in other Government services, such as tax inspectors and police officers.

Articles 20 and 21. Annual report. The Committee notes the statistical data provided by the Government in the reply to its previous request, for the period 2016-2019, covering most of the subjects required by Article 21 of the Convention. The Committee requests the Government to continue providing statistical data on all the subjects covered by Article 21(a) to (g) of the Convention and to ensure that annual reports are published on the work of the labour inspection services.

Labour administration: Convention No. 150

Article 3. Labour policy activities regulated through negotiations. The Committee notes the Government’s indication in its report, in reply to its previous request, that conciliatory labour round tables have been established in the State directorates, with the participation of workers and employers and their organizations, where they exist, with the objective of addressing and resolving disputes between the parties. The Committee requests the Government to specify those aspects of the national labour policy that are considered as matters to be regulated through direct negotiations between employers’ and workers’ organizations.

Articles 4 and 5. Organization and effective operation of the labour administration system. Appropriate arrangements to secure consultation, cooperation and negotiation with the social partners. The Committee notes the Government’s indication, in reply to its previous request, that the process of the creation of the MPPPTS, which involved the establishment of various subordinate Ministries, has led to an increase in activities related to consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers within the framework of the labour administration system. The Committee requests the Government to provide detailed information on consultation, cooperation and negotiation activities with the most representative organizations of employers and workers, with an indication of the type of activities, their content and frequency, and the employers’ and workers’ organizations that participated.

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The Committee notes the report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).

The Committee notes the observations made jointly by the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 15 September 2020, the observations made by the CTASI, received on 30 September 2020, and 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 3 December 2020. The Committee requests the Government to provide its comments in this regard.

Articles 3(1)(a) and (b), 13 and 16 of the Convention. Labour inspection in the field of occupational safety and health (OSH). The Committee notes that, in reply to its previous request concerning OSH, the Government indicates in its report that: (i) according to the Report and Account, in 2018 the National Institute of Prevention and Health and Safety at Work (INPSASEL) carried out 1,671 inspections of occupational safety and health conditions; (ii) in 2019, INPSASEL implemented 103 comprehensive actions and 3,014 follow-ups at the national level, which consist of preventive action and monitoring of working conditions and environment by a multidisciplinary team of public officials from the State Departments of Occupational Safety and Health (GERESAT) attached to the Inspection, Occupational Health and Education Coordination Units; and (iii) INPSASEL currently has over 170 inspectors. The Government adds that orders with immediate executory force have not been issued as cases of non-compliance with occupational safety and health requirements have not been identified which could cause immediate and serious danger to the life or health of workers. In this regard, the Committee draws the Government’s attention to the fact that the total absence of the identification of serious cases of non-compliance (over a long period of time and for a large population) could, in certain cases, demonstrate that workplaces are not being inspected as often and as thoroughly as necessary. With reference to its comments on the OSH Conventions, the Committee requests the Government to make every effort to ensure that OSH inspections are carried out as often and as thoroughly as necessary and to continue providing detailed information on labour inspection in relation to occupational safety and health. With regard to the effect given in practice to Article 13 of the Convention, the Committee requests the Government to investigate and report on the reasons why there have been no orders with immediate executory force issued in the event of imminent danger to the health and safety of workers, and to provide information on this practice in the future.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. Selection of inspectors. The Committee notes the Government’s indication, in reply to its previous comment on the selection criteria for inspectors, that they are related to the skills, training and experience of applicants and that political ideology is not among the requirements for employment. It adds that the recruitment of officials discharging inspection duties is governed by the provisions of the Public Service Regulations Act, the Regulations of the Act on administrative careers and the internal Regulations on recruitment and employment stability, which are based on the Constitution of the Bolivarian Republic of Venezuela, which provides that the appointment and removal of public employees may not be determined on the basis of political membership or opinions. The Government also indicates that no complaints of discrimination have been received from workers wishing to obtain employment in the labour inspection services. In this regard, the Committee notes that the CTASI and the FAPUV, in their joint observations, reiterate that the appointment and removal of public employees is based on political criteria and that inspectors are not in a position to perform their duties with independence. The CTASI also reiterates that the selection of inspection personnel is discriminatory on grounds of political ideology. The Committee recalls that, under the terms of Article 6 of the Convention, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. Article 7 also provides that labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties and that the means of ascertaining such qualifications shall be determined by the competent authority. The Committee requests the Government to provide its comments on the observations of the CTASI and the FAPUV, and to provide information on the measures adopted or envisaged to ensure the stability and independence of labour inspectors, as required by the Convention.

Articles 10 and 11. Number of inspectors and material resources. The Committee notes the Government’s indication, in reply to its previous request, that in 2019 the labour inspection services had 196 labour inspectors assigned to the inspection units of the People’s Ministry for the Social Process of Labour (MINPPTRASS), distributed at the national level in accordance with the economically active population, the number of industries and the size of the territory. It adds that, around August 2020, the figure was 184. The Government further indicates that there is at least one inspection unit in each state and the INPSASEL recently completed the first phase of the Comprehensive Intensive Training Programme (PIFI). In this regard, the Committee notes that the CTASI and the FAPUV allege that the labour inspection system is not effective, as the MINPPTRASS does not have sufficient personnel and is the Ministry with the lowest budget, and that the number of inspectors is low and there is a scarcity of means of transport and payments to cover the daily expenses of the staff. The CTASI adds that the budgetary shortage limits the Ministry in the discharge of its principal function of the enforcement of labour legislation. The Committee requests the Government to provide its comments in this regard. While observing a slight decrease in the number of labour inspectors, the Committee expects that the Government will take all necessary measures to ensure the effective discharge of the functions of the labour inspection services. The Committee requests the Government to continue providing information on the number of labour inspectors, and particularly on the material resources available to inspectors for the performance of their duties (including vehicles and premises).

Articles 12(1) and (2) and 15(c). Notification of the presence of inspectors on the occasion of an inspection. Timing of inspections. Requirement of confidentiality. In its previous comment, the Committee noted that section 514(1) of the Basic Act concerning labour and men and women workers (LOTTT) maintains the requirement for inspectors to show identification upon their arrival and to specify the reason for the visit, and that it only allows visits during working hours, which limits the free access of inspectors to workplaces. The Committee notes the Government’s indication that under article 89(1) of the Constitution, which provides that with respect to employment relationships, the actual situation shall take precedence over the form or appearance of the relationship, public inspection officials may freely enter at any hour of the day or night any workplace liable to inspection, irrespective of the working hours indicated by the employer, since under the terms of section 516 of the LOTTT the scope of action of public inspection officials includes and covers work units and, in general terms, places where work is performed. The Committee recalls that it had previously raised concerns that the requirement to notify the reason for the inspection under section 514(1) might jeopardize the confidentiality of the existence of a complaint, as well as the identity of the complainant. The Committee therefore once again requests the Government to amend the provision referred to above to: (i) ensure recognition in the national legislation of the principle of confidentiality and the power of inspectors provided with proper credentials not to notify their presence if they consider that such notification may be prejudicial to the performance of their duties, as required by Articles 12(2) and 15(c) of the Convention; and (ii) give effect to Article 12(1)(a) of the Convention by empowering inspectors (provided with proper credentials) to enter freely at any hour of the day or night any workplace liable to inspection.

Article 16. Supervision by labour inspectors, frequency and thoroughness of inspections. The Committee notes the Government’s indication that the number of inspections was 44,211 in 2016, 38,791 in 2017 and 31,174 in 2018. The Committee also notes that the figure was 12,599 in 2019. The Government adds that in 2016, 2017, 2018 and 2019 a total of 844, 1,313, 7,722 and 5,101 penalties were imposed, respectively. The Government further indicates that in 2016 and 2017, labour inspectorates focused on the application of penalties were established in various states, which resulted in an increase of 100 per cent in the recovery of fines in 2016 and 22.82 per cent in 2017. In this regard, the Committee notes that the CTASI and the FAPUV in their joint observations, and the CTASI in its observations, indicate that, particularly in relation to child labour, where there are serious problems, these figures do not tally with the real situation in the country. The Committee further notes the indication by the CTASI that the current pandemic has resulted in a decrease in the operations of both labour inspection services and labour tribunals, which is an obstacle to the identification of violations of labour legislation and makes it difficult to make complaints of violations of labour rights. Lastly, the CTASI indicates that although labour inspection services are empowered to impose penalties calculated on the basis of the minimum wage, the penalties are generally very low. The Committee requests the Government to provide its comments in this regard.

The Committee notes with concern the significant decrease in the total number of inspections in 2019 in comparison with previous years and requests the Government to explain the reasons. The Committee also requests the Government to continue providing statistical data on violations of labour laws, with an indication of the provisions breached and the penalties imposed. With reference to its previous comments concerning the Minimum Age Convention, 1973 (No. 138), the Committee also requests detailed information on the inspection activities carried out in relation to child labour.

The Committee is raising other matters in a request addressed directly to the Government.

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Articles 3, 4 and 6 of the Convention. Structure of the labour inspectorate. The Committee notes that in its report on the Labour Administration Convention, 1978 (No. 150), the Government indicates that, by Resolution 9.314 of 8 September 2015, it approved the Plan to update the system for the administration of labour justice in administrative proceedings (PASJTSA), for a duration of 15 months from that date. Among other things, the PASJTSA provided for labour inspection to be organized as follows: labour inspection for collective rights, labour inspection for penalties and labour inspection for individual rights. The Committee requests the Government to provide information on the results of the abovementioned Plan and, should it be extended, to give particulars of the three divisions of labour inspection, including their composition and functions.

Articles 10 and 11. Number of inspectors and material resources. In its previous comments, the Committee requested information on the composition of the supervisory units and the number of persons in these units who perform inspection duties. It also requested information on the number of labour inspectors who report to the National Institute for Prevention and Health and Safety at Work (INPSASEL), indicating their geographical distribution, fields of specialization and training.

The Committee notes the observations from the Independent Trade Union Alliance (ASI) to the effect that owing to the new forms of work organization and the constant recourse to flexibility measures, the labour inspection services need to be resized and that the People’s Ministry of Labour and Social Security (MINPPTRASS) is short of staff and stands out as the ministry with the lowest budget in the Public Administration.

Consequently, the Committee requests the Government to provide information on the current numbers of labour supervisors and inspectors who report to the INPSASEL and on the policy followed in defining requirements in terms of the number of supervisors and inspectors the INPSASEL needs in order to provide sufficient coverage of the workplaces liable to inspection. It also requests that the Government provide information showing how the budget assigned to the labour inspection services has evolved in the last five years.

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The Committee notes the observations of the National Union of Workers of Venezuela (UNETE) received on 24 September 2014 and 2 October 2015, and the Government’s reply to them. It also notes the observations submitted jointly by UNETE, the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA) received on 8 September and 12 October 2016 and the Government’s reply in which it refers to the observations of 12 October 2016. Lastly, it notes the observations of the Independent Trade Union Alliance (ASI) received on 23 August 2016 and the Government’s reply.

Articles 3(1)(a) and (b), 5, 13 and 16 of the Convention. Labour inspection in the field of occupational safety and health (OSH). Effective cooperation with other bodies and institutions. In its previous comments, the Committee requested that the Government: (i) provide information on the number of OSH inspections conducted by inspectors of the supervisory units and inspectors of the National Institute for Prevention and Health and Safety at Work (INPSASEL), particularly in the petroleum and construction sectors; (ii) indicate the measures taken by the these two bodies as a result of inspections, including the legal provisions relied on and the nature of the penalties imposed; (iii) provide information on the prevention and advisory activities conducted by the inspection services; and (iv) provide information on measures with immediate executory force ordered by inspectors of the supervisory units, particularly in instances where there was a likelihood of imminent danger to the health or safety of the workers.

In reply to the latter question, the Government indicates that inspectors from supervisory units, like INPSASEL inspectors, are empowered by Regulations under the Basic Act concerning labour and male and female workers (LOTTT) to halt or suspend any such work as may cause serious harm to the life or health of workers. UNETE, the CTV, the CGT and CODESA, for their part, make the same observations as in the past, though the ASI considers that compliance with the rules on prevention and safety at work has recently shown a significant improvement. Consequently, the Committee once again requests that the Government provide the following information: (i) the number of OSH inspections carried out by inspectors from the supervisory units and inspectors from INPSASEL, broken down by sector; (ii) the measures taken as a result of such inspections, particularly measures with immediate executory effect, providing the inspection reports justifying the measures; and (iii) information on the other prevention activities conducted by the inspection services.

Articles 6, 7(1), and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of staff performing inspection duties. In its previous comments, the Committee requested that the Government provide information on the conditions of service of “supervisors” (who, according to the Government, are the sole category of labour inspection staff to perform inspection duties as prescribed by the Convention) and to report on any complaints received of conduct contrary to the ethical rules that supervisors are required to observe.

The Government indicates in this connection that the Constitution of the Bolivarian Republic of Venezuela establishes that the appointment or removal of public servants may not be determined on the basis of political affiliation or leaning. Section 2 of Presidential Decree No. 2.434 grants supervisors the remuneration that is provided for university graduates. The Government further indicates that entry to the People’s Ministry of Labour and Social Security (MINPPTRASS) is determined by the provisions of the Act issuing the statute of the public service, the administrative careers regulations and the internal regulations governing the appointment to and continuance in the posts of supervisor, inspector and overseer for the Integrated Labour Inspection and Social Security System. The Government also indicates that no complaints have been received of any conduct on the part of labour supervisors that might be contrary to ethical principles. The ASI nonetheless mentions in its observations that the problem of unsuitable selection persists and that the State has promoted discrimination for ideological or political reasons by ensuring public jobs only for its supporters. The Committee requests that the Government provide its comments on these matters.

Legal status and conditions of service of personnel performing inspection duties. In its previous comments the Committee noted the information provided by the Government to the effect that the inspection services include “special commissioners”, whose role is one of support to inspection. The Committee accordingly requested that the Government explain the conditions of service and the exact duties of the commissioners. It also requested information on the number of labour inspectors reporting to INPSASEL, their geographical distribution, their areas of specialization and their training.

The Government indicates that under the LOTTT, all ministers may appoint, on an indefinite or a casual basis, commissioners who report directly to them, to perform duties they assign to them. It adds that in 2005, special commissioners were hired by the labour inspection services in order to ensure coverage and effective service in vulnerable sectors where distance precluded coverage by actual inspectors. It also indicates that the commissioners enjoy the benefits established in the collective labour agreement concluded by the MINPPTRASS and the trade union organizations concerned.

The Committee recalls in this connection (see General Survey of 2006 on labour inspection, paragraphs 201–202), that labour inspection staff must be composed of public officials (hired solely on the strength of the candidate’s fitness to perform the duties) whose legal status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee observes that in the case at hand, the commissioners are not public officials, their employment is not assured and they report directly to the Minister. The Committee urges the Government to take appropriate steps to ensure that stability of employment and independence are assured for all staff performing labour inspection duties.

Articles 12(1) and (2), and 15(c). Notification of the inspector’s presence on the occasion of an inspection visit. Timing of visits. Confidentiality requirement. In its previous comments, the Committee repeated its request, made many times previously, that the legislation be brought in line with the Convention by the removal of the requirement for labour inspectors to notify the reasons for the inspection to the employer.

The Government reiterates that, in practice, notification of the reason for the inspection is limited to the information that it is an inspection within the framework of the national legislation and the Convention. The Government also explains that exemption from the duty to notify the inspector’s presence is feasible only in establishments that are open to the public at large. The Committee nonetheless observes that section 514(1) of the LOTTT maintains the requirement for inspectors to show identification upon arrival and to specify the reason for the visit, and that it allows visits only during working hours, which limits the free access of inspectors to workplaces. The Committee recalls in this connection that, according to Article 12(1), inspectors shall be empowered to enter freely at any hour of the day or night any workplace liable to inspection, and to enter only by day any premises which they may have reasonable cause to believe to be liable to inspection. In its General Survey of 2006 on labour inspection, paragraph 270, the Committee indicates that the protection of workers and the technical requirements for inspection should be the principal criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work in a workplace officially operating during the daytime. The Committee requests that the Government amend the abovementioned provision of the legislation in order to: (i) secure certainty in law for the principle of confidentiality and the possibility of inspectors refraining from notifying their presence if they consider that notification may be prejudicial to the success of their inspection, in accordance with Articles 12(2) and 15(c); and (ii) give effect to Article 12(1)(a) of the Convention so as to allow inspectors to enter freely, at any hour of the day or night, any workplace liable to inspection.

Articles 20 and 21. Annual report. The Committee once again notes with regret that no annual inspection report has been sent to the ILO, despite the Government’s indication that it is taking appropriate steps to receive, process and publish such a report regularly. The Committee once again urges the Government to take the necessary measures to produce an annual report that includes statistical data on all the items set out at Article 21(a)–(g), and to send such a report in the near future.

The Committee is raising other matters in a request addressed directly to the Government.

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With reference to its observation, the Committee wishes to raise the following additional points.

Articles 4, 6, 7 and 10 of the Convention. Organization of the labour inspection system. Status and conditions of service of personnel engaged in inspection functions. The Committee notes the information provided by the Government concerning the organization of the labour inspection system. It notes in particular that the administrative bodies known as “labour inspectorates” contain several services, including “supervisory units”, which are bodies responsible for labour inspection. It notes that 191 “supervisors” and 105 “special commissioners” are distributed throughout the 45 supervisory units. According to the Government, this distribution ensures the presence of at least one “supervisory unit” in each state of the country.

With regard to the “special commissioners”, the Committee notes that, according to the Government, they are responsible for providing support to the supervisory function. However, it observes that the number of commissioners exceeds that of the “supervisors” in place in certain cases. The Committee also notes that the experience acquired as special commissioners assigned to the inspection of workplaces is taken into account in the context of competitions for posts as labour “supervisors”. The Committee requests the Government to indicate the reasons explaining these figures. The Committee would be grateful if the Government would specify the exact status, conditions of service, powers, duties and functions of “special commissioners”. It also requests the Government to provide information on the criteria and procedures used for the recruitment of the “special commissioners” (the body responsible for their recruitment, the duration and methods of assessment of their qualifications, the number of applicants, the number of applicants selected, etc.) and their training.

It also requests the Government to provide information on the number of labour inspectors attached to the National Institute for Occupational Prevention, Health and Safety (INPSASEL), their geographical distribution, fields of specialization and training.

Article 11. Material resources available to labour inspection personnel. The Committee notes that the Government, in addition to the availability of the means of transport of the People’s Ministry of Labour and Social Security (MINPPTRASS), provides the labour inspectorate with the necessary support for the discharge of its functions, including means of transport to facilitate inspections in remote areas, such as the island region, areas served by river transport and oil platforms. The Committee further notes with interest that, according to the information provided by the Government, labour and social security “supervisors” benefit from a travel allowance for the discharge of their functions. The Committee would be grateful if the Government would provide information on the geographical distribution of the vehicles available to labour “supervisors” and the labour inspectors of the INPSASEL for the discharge of their functions at workplaces, and to specify the criteria for the determination of the amount of the travel allowance granted to labour “supervisors” and, where applicable, to INPSASEL labour inspectors.

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The Committee notes the Government’s report received on 1 September 2013. It also notes the comments of the Confederation of Workers of Venezuela (CTV), dated 30 August 2013, and of the National Union of Workers of Venezuela (UNETE), dated 31 August 2013, and the Government’s responses in communications dated 14 November 2013.

Articles 3(1)(a) and (b), 5(a) and (b), 13 and 16 of the Convention. Labour inspection in the field of occupational safety and health (OSH). 1. Preventive activities undertaken by the labour inspectorate. Further to the earlier comments of the Independent Trade Union Alliance (ASI) and CTV which alleged, inter alia, chronic shortcomings in the monitoring of OSH conditions and the rise in the number of work-related accidents, particularly in the oil industry, the Committee notes the information provided by the Government to the effect that, in addition to the National Occupational Health and Safety Prevention Institute (INPSASEL), the specialized institution in this field, the supervisory units responsible for labour inspection are competent to monitor and supervise labour legislation in the field of OSH. It notes that “integrated inspections” (covering, among other fields, OSH) were undertaken by supervisory units, including 121 in the oil and hydrocarbon sectors and 28 in the construction sector, between May 2012 and May 2013. The Committee nevertheless notes that no information has been provided on the activities undertaken by INPSASEL inspectors, nor on the measures adopted with immediate effect in case of imminent danger to the health or safety of workers, in accordance with Article 13(2)(a) of the Convention, or on the penalties imposed following inspections by the labour inspection services. In this respect, the Committee notes that, under the terms of the Basic Act on prevention and working conditions and environment (LOPCYMAT), only INPSASEL inspectors appear to be empowered to take measures with immediate effect to eliminate defects in plant, layout or working methods that may constitute a threat to the health and safety of the workers.

UNETE indicates that the gravity of the failings of control in the field of OSH and the worrying increase in industrial accidents and cases of occupational disease are notorious. Industrial accidents are particularly numerous in the oil industry. Moreover, the situation has become alarming in public enterprises and the administration. The trade union criticizes the fact that neither the INPSASEL nor the enterprises concerned have taken appropriate measures since 2008 to prevent the reoccurrence of accidents in oil companies. It cites by way of illustration the explosion that occurred in August 2012 in the refinery located in the state of Falcón, which caused the death of 42 persons and injured over 100, the causes of which are still not known. The trade union adds that, in the cement industry, there has also been a deterioration in OSH conditions, and particularly an increase in the risk of ambient contamination. It considers that the labour inspectorate is totally deficient in relation to OSH and that the INPSASEL is complicit in this situation. The trade union alleges that the Government is concealing problems instead of remedying them and, moreover, that the delegates responsible for prevention and trade union leaders who call for improvements in working conditions and OSH are persecuted.

The Government affirms that there are no figures showing that there has been an increase in industrial accidents and cases of occupational diseases, and that it does not have any information indicating that the situation in public enterprises has deteriorated in comparison with the situation that existed when they were owned by private employers. With reference to the explosion at the Amuay refinery, the investigations found that it was a case of sabotage and that it had nothing to do with failings in OSH conditions. With regard to the cement industry, the Government expresses surprise, as the union has based its allegations on INPSASEL reports (concerning these enterprises). It observes that, although the union alleges persecution of trade union leaders by the police, the Government sees them constantly at meetings and other events without noting any pressure or persecution.

The Committee once again requests the Government to provide full information on the number of inspections carried out in the field of OSH during the period covered by the Government’s next report by inspectors from supervisory units and from the INPSASEL, particularly in the oil and construction sectors. The Government is also requested to specify the various measures taken by the two labour inspection services as a result of inspections, the legal provisions on which these measures are based and the nature of the penalties imposed.

The Committee particularly requests the Government to provide full information on the measures ordered with immediate effect by INPSASEL inspectors and to specify the action taken by inspectors from supervisory units when they identify, during inspections, a defect in plant, layout and working methods which they may have reasonable cause to believe constitutes a threat to the safety or health of the workers. It once again requests the Government to provide information on the other prevention activities undertaken by the labour inspection services through the provision of information and technical advice, as envisaged under Article 3(1)(b) of the Convention.

2. Notification of industrial accidents and cases of occupational diseases. The Committee notes the explanations provided by the Government concerning the procedure for the notification of industrial accidents and cases of occupational diseases, as required by the LOPCYMAT. It notes that under the terms of the provisions indicated by the Government, OSH committees and trade unions, in addition to the INPSASEL, have to be informed of such occurrences. It also notes that notification to the INPSASEL can also be made by the worker concerned, her or his family, the OSH committee, the prevention delegate, another worker or a trade union.

The Committee recalls the earlier comments by the CTV and the ASI according to which: (i) industrial accident statistics are not reliable and accidents are not reported in most cases; (ii) workers are being denied the right to register an industrial accident with the INPSASEL in certain cases; and (iii) there are two separate regulations governing the declaration of industrial accidents and cases of occupational diseases, which makes their management difficult in practice. The Committee also notes the comments of the UNETE indicating that, although the INPSASEL has to certify the occupational nature of a disease, the absence of a provision determining the time frame within which certification has to be issued gives rise to indefinite delays, which runs counter to the interests of the workers, as this document is indispensible to obtain the respective compensation.

With reference to its previous comments, the Committee once again requests the Government to provide its observations on the issues relating to the under-declaration of industrial accidents and cases of occupational diseases referred to by the ASI and CTV. It also invites it to reply to the comments of the UNETE. The Committee also once again asks the Government to take the necessary measures to ensure that statistics of the industrial accidents and cases of occupational diseases that have occurred since 2007 are included in annual inspection reports.

The Committee once again requests the Government to describe the procedure for the investigation of industrial accidents and cases of occupational diseases and to provide a copy of any relevant legal texts.

Article 3(2). Duties in relation to undeclared work. Noting that the Government has not provided a reply on this matter, the Committee once again requests it to reply to its comments on this issue, which read as follows:

Furthermore, the Committee understands, from the information in the Government’s report, that the National Economic and Social Development Plan for 2007–13 targets, amongst others, undeclared work, and that joint inspection visits are regularly being carried out together with the People’s Ministry of the Interior and Justice (MPPRIJ), the Tax and Customs Administration Service (SENIAT) and the People’s Ministry of Defence (MPPD). The Committee requests the Government to provide information on the purpose and scope of the abovementioned inspections and the impact of these activities by the labour inspection services on the enforcement of the legal provisions relating to conditions of work and the protection of workers. Please also provide information on the number of infringements detected, the legal provisions concerned, the remedial measures taken and the sanctions imposed.

Articles 6, 7(1) and 15(a). Independence and competencies of labour inspectors. The Committee notes the Government’s indications that labour and social security “supervisors”, which it identifies as the only category engaged in labour inspection functions in accordance with the terms of the Convention, enjoy absolute stability in their employment. They are appointed after successful public competitions, and receive adequate wages in relation to their training and travel allowances. They are also encouraged to continue studies at the highest level (through the granting of paid leave) to obtain higher grades and higher salaries, as envisaged in the collective agreement for employees of the People’s Ministry of Labour and Social Security (MINPPTRASS).

On the other hand, the Committee notes the reiterated statement by the CTV that the prerogatives of labour inspectors are used as an instrument of political pressure and to promote parallel organizations that have links with the Government. It deplores the fact that labour inspectors enjoy significant discretionary power, used in many situations for the purposes of extortion at the workplace and in relation to trade unions, as they have to supervise the national register of trade unions, under the terms of the new Basic Labour Act (LOTTT). It also deplores the fact that the selection and promotion of inspectors is carried out in accordance with political and not technical criteria.

The Government refutes the observations of the CTV and indicates that the union’s communication clearly reflects the fact that there are no specific comments to be made concerning the application of this Convention.

The Committee would be grateful if the Government would provide more detailed information on the conditions of service of labour “supervisors” (remuneration scale, etc.) and provide a copy of a text governing their conditions of service. Please also indicate whether complaints have been received concerning any conduct contrary to the ethical rules that have to be observed by labour “supervisors” in the performance of their duties. Where appropriate, the Government is asked to provide a copy of any procedure or decision adopted in this respect.

It once again requests the Government to describe the criteria and procedures followed for the recruitment and promotion of labour inspection staff and to provide a copy of the collective agreement of the employees of the MINPPTRASS or any other relevant document (vacancy notices, regulations respecting admission to the various grades for supervisors containing information on the level of training required, etc.).

Articles 3(1)(a) and (b), 17, 18 and 21. Sanctions and the implementation of other penalties for the violation of labour legislation. Balance between preventive and enforcement activities of the labour inspectorate. The Committee previously noted the comments made by the ASI concerning the granting of so-called “labour compliance labels”, which are a prerequisite, among other requirements, for obtaining import or export licences. According to the trade union, this requirement was conceived as a means of exerting pressure and control principally on employers who had shown themselves to be politically opposed to the Government, as the system for granting or withdrawing “labour compliance labels” was largely discretionary, with no guarantee of due process in law. The Committee noted in this respect that under the terms of section 4 of Decree No. 4248 of 30 January 2006, labour inspectors are required to deny the granting of this label or revoke it in certain cases, including where the employer refuses to comply with an administrative order or a decision by the labour inspectorate. It also noted that section 512 of the LOTTT introduces the function of “an enforcement inspector” in each inspectorate for the enforcement of administrative instructions with special effects, and that these inspectors are empowered to request the withdrawal of the “labour compliance label” for as long as employers do not comply with such instructions.

With reference to its previous comments concerning the necessary balance between preventive action and enforcement by the labour inspectorate, the Committee notes the Government’s indications that “supervisors”, under the terms of section 515 of the LOTTT, initiate sanction procedures only in cases where a violation of the legislation reported during an inspection (and accompanied by an order requiring compliance within a specified period) is found to persist during a follow-up inspection. The Government indicates that the right of defence of the concerned employer is respected in this procedure (section 547 of the LOTTT). It adds that labour “supervisors” do not have the power to suspend or revoke “labour compliance labels”. The Committee however notes that, under the terms of section 515 of the LOTTT, labour “supervisors” are also empowered to initiate, “where appropriate” the revocation of “labour compliance labels”. The Committee once again requests the Government to reply to the ASI’s allegations concerning the impact of “labour compliance labels” in practice and the absence of appeal procedures in this field. It would also be grateful if the Government would provide data on cases in which the “labour compliance label” has been refused and/or revoked, with an indication of the violations which caused such refusal and/or revocation.

The Committee also once again requests the Government to provide information on the nature, frequency and content of the “administrative instructions with special effects” addressed to employers, with an indication of the legal provisions on which they are based, and to provide examples of such instructions. It asks it to provide data on cases in which labour inspectors have requested the assistance of the public security forces to give effect to these administrative instructions, and cases in which employers have been arrested in this context.

Finally, the Committee requests the Government to provide statistics on the violations reported (specifying the legal provisions to which they relate) and the sanctions imposed (with an indication of their nature: fines, the withdrawal of “labour compliance labels”, sentences of imprisonment) as a result of inspections, with the requirement that such statistics are included in the annual report on the activities of the labour inspectorate.

Articles 12(2) and 15(c). Requirement of confidentiality. In the comments that it has been making for many years, the Committee has requested the Government to take the necessary measures to amend the LOTTT to remove the requirement for labour inspectors to notify employers of the reason for the inspection, in accordance with the above provisions of the Convention. The Government indicates that complaints or requests for inspections are confidential and are not included in the file on the establishment, as it can be consulted by any person concerned at any time, but that they are classified in the records of the inspection services. According to the Government, the notification of the employer is restricted to the information that it is an inspection within the framework of the national legislation and the present Convention. Furthermore, irrespective of their origin, inspections cover many aspects (relating to general conditions of labour and OSH), which makes it impossible for an individual outside the supervisory unit to be aware precisely of the reasons that gave rise to the inspection. While taking into account the explanations provided by the Government, the Committee notes that the fact that section 514 of the LOTTT (adopted in 2012) maintains the requirement for “supervisors” to indicate upon their arrival the reason for the inspection is contrary to Article 12(2) of the Convention, under the terms of which inspectors should be able to judge whether it is appropriate to notify the employer of their presence. The Committee therefore requests the Government to ensure that the national legislation is finally brought into conformity with Convention on this point. It hopes that the Government will soon be able to report the progress achieved in this respect.

Articles 20 and 21. Annual report. The Committee notes with regret that no complete annual inspection report has been communicated to the ILO since 1998. The Committee urges the Government to indicate the measures adopted or envisaged to ensure that an annual report on the work of the labour inspection services, containing information on the matters set out in clauses (a)–(g) of Article 21, is prepared by the central inspection authority and communicated to the ILO.

The Committee is raising other points in a request addressed directly to the Government.

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Referring to its observation, the Committee would also like to draw the Government’s attention to the following points.

Articles 4 and 10 of the Convention. Changes in the organization of the labour inspection system, number of labour inspectors. The Committee understands that the revised version of the Organic Labour Code of May 2012 (LOTTT No. 6076) has led to changes in the organization of the labour inspectorate and the functions entrusted to labour inspection staff. While the Government indicated in its report that there are 45 supervisory units exercising control of compliance of labour legislation and affiliated with the labour inspectorates of the MINPPTRASS, after the coming into force of the revised LOTTT, the regional structure of the labour inspection system seems now to be made up of labour inspectorates and labour sub-inspectorates. Labour inspectorates are competent to issue administrative orders and the subordinate labour sub-inspectorates are competent to receive complaints from workers and supervise compliance with labour legislation in workplaces. Furthermore, the LOTTT establishes a unit in each labour inspectorate composed of legal professionals to provide free legal advice and assistance to workers who require legal assistance or representation. The Committee understands from the comments on the application of other Conventions made by the Independent Trade Union Alliance (ASI) in a communication dated 14 August 2012 that the revised the Organic Labour Code of May 2012 (LOTTT No. 6076), will be supplemented by relevant implementing regulations. The Committee asks the Government to provide information on any implementing regulations issued under the revised LOTTT or any other legislative text on the structure, organization, functioning, purpose and impact of the restructuring of the labour inspection services and to provide copies relating to these texts.

Please also provide up-to-date information on the number and geographical distribution of labour inspectors by rank and grade throughout the structures of the labour inspection services, including at the labour inspectorates and labour sub-inspectorates, and their fields of specialization.

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In its observation in 2011, the Committee noted the Government’s report, as well as the comments made by the Confederation of Workers of Venezuela (CTV) in a communication dated 29 August 2011 and by the Independent Trade Union Alliance (ASI) in a communication dated 30 August 2011, and also the Government’s reply to the comments of the CTV and ASI dated 30 November 2011. However, the Government’s reply was received too late to be examined at the Committee’s last session. The Committee further notes that, in a communication dated 31 August 2012, the CTV repeats its 2011 comments, and that the ASI, in a communication dated 14 August 2012, makes comments under the Occupational Safety and Health Convention, 1981 (No. 155), which also concern the application of the present Convention. The Committee notes the Government’s reply to these comments by the CTV and ASI in two separate communications dated 9 November 2011.

Articles 3(1) and 13 of the Convention. Labour inspection activities in occupational safety and health (OSH). The Committee notes the observations made by the ASI in its communication dated 30 August 2011, according to which there is a traditional lack of supervision in the field of OSH, although there have been improvements since the establishment of the National Health and Safety Prevention Institute (INPSASEL).

The Committee noted, in its 2011 observation under Convention No. 155, the comments made by the ASI and CTV, according to which there has been an increase in the number of industrial accidents compared with ten years ago, including a dramatic increase of industrial accidents in the petroleum industry over the past eight years, the condition of some installations of the Venezuelan Petroleum Enterprise (PVDSA) are poor and there are inadequate OSH conditions in the gas plants throughout the country. The Committee also notes the Government’s communication dated 9 November 2012, in which it refers to the introduction of new procedures by INPSASEL for the strengthening of the labour inspection services in OSH. In this regard, it refers to the introduction of “integrated inspections“ by multidisciplinary teams from the different technical services of the state occupational health directorates (DIRESATs) targeting, among others, enterprises with a high occurrence of occupational accidents, and the so-called “updating operations“ in DIRESATs with a high number of reported industrial accidents. The Committee asks the Government to provide information on the number of labour inspection visits in the area of OSH, in particular in sectors with a high risk of occurrence of industrial accidents, such as in the construction sector and the petroleum industry, as well as information on enforcement measures taken by the labour inspection services, the legal provisions to which they relate, and the nature of penalties imposed, and to include this information in the annual labour inspection reports.

Please also provide information on any preventive activities carried out, including the provision of information and advice and the adoption of measures with immediate effect in case of imminent danger to the health or safety of the workers (Articles 3(1)(b) and 13 of the Convention).

The Committee asks the Government to provide information on the impact of the abovementioned activities and operations by INPSASEL on the enforcement of the legal provisions relating to conditions of work and the protection of workers.

Noting that the Government has not provided information in this regard, it is asked to provide information also on the number of inspectors engaged in the area of OSH supervision within the structures of INPSASEL.

Article 3(2). 1. Conciliation duties entrusted to labour inspectors. The Committee notes that labour inspectors, in accordance with section 507, indent (10) of the revised Organic Law on Labour and Workers (LOTTT), are required to intervene and act as conciliators to facilitate the negotiation of collective agreements and settle collective labour disputes. The Committee wishes to emphasize, as it has done in its previous comments since 2002, that labour inspection personnel should not be overburdened with other tasks to the detriment of their primary duties. This is particularly true where human and material resources are scarce, as suggested by the comments of the ASI in its communication of 30 August 2011. The Committee asks the Government to take the necessary legislative and practical measures to relieve labour inspectors of conciliation duties so that they can devote themselves fully to ensuring the application of legal provisions relating to conditions of work and the protection of workers, thereby contributing to the prevention of situations that give rise to labour disputes.

2. Duties of labour inspectors in the area of undeclared work. Furthermore, the Committee understands, from the information in the Government’s report, that the National Economic and Social Development Plan for 2007–13 targets, amongst others, undeclared work, and that joint inspection visits are regularly being carried out together with the People’s Ministry of the Interior and Justice (MPPRIJ), the Tax and Customs Administration Service (SENIAT) and the People’s Ministry of Defence (MPPD). The Committee requests the Government to provide information on the purpose and scope of the abovementioned inspections and the impact of these activities by the labour inspection services on the enforcement of the legal provisions relating to conditions of work and the protection of workers. Please also provide information on the number of infringements detected, the legal provisions concerned, the remedial measures taken and the sanctions imposed.

Articles 6 and 7 of the Convention. Status and conditions of service of labour inspectors. Principle of independence of labour inspectors of any change of government and of any undue external influence. The Committee notes the indications made by the ASI in its communication dated 30 August 2011 concerning the inadequacy of the conditions of service of labour inspectors, including the absence of employment stability, the lack of career prospects, the low levels of remuneration and insufficient training. The Committee also notes that, according to the CTV in its communications dated 29 August 2011 and 31 August 2012, the effectiveness and professionalism of the labour inspection system is affected by the precarious status of the labour inspectorate, its politicization and corruption. The CTV alleges that the labour inspectorate is used as a political instrument to strengthen the Government’s objectives, as well as those of the ruling party, and is often directed against unions at promoting parallel organizations with close ties to the Government. Furthermore, according to the comments of the ASI dated 14 August 2012 under Convention No. 155, the labour inspection services were unprofessional and suffered from “clientelism” in the past, although the Committee understands from the ASI’s comments that measures have been taken in this regard. The Government in its communication dated 30 November 2011 refutes the allegations of the CTV and refers to sections 19 and 34 of the Act on the status of the public service, which stipulates that public servants enjoy absolute stability in their employment and are appointed after successful public competitions, and are prohibited from propaganda, public coercion or the display of their political affiliation in the exercise of their functions. The Committee asks the Government to provide information on the status and conditions of service (stability of employment, remuneration, career prospects, etc.) of the different categories of personnel exercising labour inspection functions, such as the “enforcement inspectors”, “labour inspectors” and “labour supervisors” mentioned in the LOTTT and “special labour commissioners” mentioned in the Government’s report.

The Committee requests the Government to provide an organizational chart of the labour inspection system and information on the reporting lines throughout its structures.

The Committee also asks the Government to provide information on the criteria and procedures followed for the recruitment of labour inspection staff at the different hierarchical levels (Article 7(1) of the Convention), including for the new categories of labour inspectors introduced in the LOTTT, such as the ‘enforcement inspector’ (body responsible for the recruitment, duration and methods used to assess qualifications, number of applicants and number of candidates selected, etc.).

Articles 3(1)(a) and (b) and 17, 18 and 21. Increased sanctions and implementation of other penalties for the violation of labour legislation. Balance between preventive and enforcement activities of the labour inspectorate. The Committee notes the observations made by the ASI, in its communication dated 14 August 2012 under Convention No. 155, that the granting of so-called “labour compliance”, which is a prerequisite for contracts with the State to receive foreign currencies or obtain import or export licences, was introduced as a means of applying pressure and controlling private enterprises and is aimed at those employers who politically opposed the Government in the past. According to the ASI, there is a wide range of discretion concerning the withdrawal of labour compliance and there is no guarantee of due process in law.

In this context, the Committee notes that, following the coming into force of the revised version of the LOTTT of May 2012, the level of sanctions and enforcement powers of labour inspectors has been strengthened. Section 512 of the LOTTT introduces the function of “enforcement inspector” in each inspectorate for the enforcement of administrative instructions with special effects. Enforcement inspectors are empowered to request the withdrawal of “labour compliance” provided for in Decree No. 4248 of 30 January 2006, until employers comply with these administrative instructions and, in the case of obstruction by employers against the implementation of these administrative instructions, they may request the support of the public security forces or request the arrest of employers by the public prosecutor’s office.

The Committee notes that, according to section 3 of Decree No. 4248 of 30 January 2006 establishing the labour compliance, the administrative certificate issued by the People’s Ministry for Labour and Social Security (MINPPTRASS) is valid for one year and is a prerequisite for entering into contracts and agreements with all governmental bodies, such as the granting of loans by the public finance system, authorization to apply for funding for the import of raw materials, authorization to receive foreign currencies from the National Public Administration and the granting of export or import licences. Under the terms of section 553 of the LOTTT, where employers do not comply with the obligations set out therein, they can be denied the “labour compliance”, or it can be revoked. Under section 4 of Decree No. 4248, labour inspectors are required to deny the issuance or revoke this administrative document if an employer is: (a) in breach of an order, instruction or other decision of the Minister of State or Minister of Labour; (b) refuses to give effect to an administrative order or decision by the labour inspectorate; (c) disregards any decision by the competent supervision and inspection officials; (d) fails to comply with any decision by the Venezuelan Social Insurance Institute (IVSS) or the INPSASEL; (e) fails to give effect to a decision by the labour or social security courts; (f) fails to pay contributions in time, including contributions to the social security system; or (g) is in violation of the rights of freedom of association, collective bargaining or the right to strike. The Committee notes the information provided by the Government in its communication of 30 November 2011 that this document is currently in the process of being digitalized to allow for easier verification of labour compliance.

As the Committee outlined in paragraphs 280 et seq. of its 2006 General Survey on labour inspection for the labour inspectorate, the functions of enforcement and advice are inseparable in practice. It further indicates that violations may be the result of failure to understand the terms or scope of the applicable laws or regulations. Therefore the labour inspector must always have discretion to choose not to impose penalties as a means of enforcing legal provisions. To this end, Article 17(2) of Convention No. 81 provide(s) that it shall be left to the discretion of labour inspectors to give warning and advice instead of instituting or recommending proceedings. This discretion implies that inspection staff have the necessary capacity for judgement to be able to distinguish between serious or repeated wilful non-compliance, culpable negligence or flagrant ill will, which call for a penalty, and an involuntary or minor violation, which may lead to a mere warning. Competent and experienced inspectors are aware of the value of advice and warnings as incentives for the proper application of legal requirements.

The Committee asks the Government to reply in detail to the allegations made by the ASI on the impact of the labour compliance in practice and the absence of due process safeguards. It also asks the Government to provide data on the cases in which the labour compliance was denied or revoked by labour inspectors, and particulars of the relevant infringements according to the legal provisions to which they relate. Furthermore, the Committee asks the Government to provide information on the nature, frequency and content of the “administrative instructions with special effects” imposed on employers, with reference to relevant legal provisions, and to provide copies of such instructions. It also asks the Government to provide information on the number of cases in which labour inspectors have asked to be supported by the public security forces for the enforcement of these administrative instructions and whether employers have been detained.

The Committee also requests the Government to indicate the manner in which labour inspectors exercise in practice the discretion provided for in Article 17 of the Convention to give warning and advice instead of instituting or recommending proceedings, and to indicate the manner in which it is ensured that labour inspectors apply the appropriate measures to achieve compliance with labour legislation and strike a reasonable balance between their educational and enforcement functions. Please also provide a copy of any relevant internal instructions in this regard.

Given that the Government has not provided information on the number of violations detected and the sanctions imposed following inspections, the Committee asks the Government to provide statistics of violations and penalties, including: (i) the number of infringements reported to the competent authorities; (ii) particulars of the classification of such infringements according to the legal provisions to which they relate; (iii) the number of convictions; and (iv) particulars of the nature of the penalties imposed by the competent authorities in the various cases (fines, imprisonment, revocation of labour compliance, etc.) and to include such information in the annual report on the activities of the labour inspectorate.

Article 11. Material resources available to labour inspection personnel. The ASI in its comments dated 30 August 2011 indicates that the MINPPTRASS has the lowest budget in the public administration, which would limit the supervision of labour standards, and in its comments dated 14 August 2012, refers to insufficient transport facilities of the labour inspection services.

The Committee notes with interest the Government’s indication that significant efforts have been made which have resulted in all labour supervisors now being equipped with laptop computers, all labour inspection units having an Internet connection and the establishment of a telephone number to receive claims from workers. The Committee would be grateful if the Government would provide detailed information on the material means available throughout the structures of the labour inspection services under the MINPPTRASS and INPSASEL, including the number and type of transportation means available. Please also provide information on the proportion of the national budget allocated to the MINPPTRASS and INPSASEL, and to their respective labour inspection services.

Article 14. Notification of industrial accidents and cases of occupational disease. In its observation in 2011 under Convention No. 155, the Committee noted that according to the CTV, statistics on the number of industrial accidents were not reliable and that the ASI estimates that 90 per cent of occupational accidents were not reported. It further notes that, in its comments dated 29 August 2011 under Convention No. 155, the CTV alleged that INPSASEL weights or amends for political reasons the register of industrial accidents, and that there is evidence of workers who have been denied the right to register cases at INPSASEL, for instance industrial accidents that occurred in installations of the PVDSA.

In this regard, the Committee notes the information provided by the Government under Convention No. 155 on industrial accidents and cases of occupational disease for the first six months of 2011, when 29,020 industrial accidents and 1,130 cases of occupational disease were reported, as well as for the first six months of 2012, when 30,907 industrial accidents and 1,328 cases of occupational disease were reported. According to the Government, these cases were reported by workers and employers through the Internet and registered by the system for the declaration of cases of occupational disease of INPSASEL which, according to the Government, is in its first stage of development. While the most recent data on industrial accidents and cases of occupational disease on the website of INPSASEL relate to 2006 and 2007 respectively, the Committee also notes the Government’s indications that INPSASEL is in the process of reviewing the statistics of industrial accidents for the years 2008, 2009 and 2010.

The Committee notes in this respect that section 56(10) of the Organic Law for Prevention, Conditions and Environment in the Workplace (LOPCYMAT) clearly sets out the obligation for employers to report industrial accidents, cases of occupational disease and any other pathological conditions that may occur in the workplace to INPSASEL, and that section 73 of the same law sets out a delay of 24 hours for the notification of industrial accidents by the employer. However, the Committee notes that the ASI indicates, in its communication dated 14 August 2012 under Convention No. 155, that that there are separate regulations on the notification procedure for industrial accidents and cases of occupational disease, which are difficult to manage in practice. Emphasizing the need for comprehensive and practicable regulations for the effective functioning of the notification procedure in practice, the Committee wishes to draw the Government‘s attention to the ILO code of practice on the recording and notification of occupational accidents and diseases, which offers guidance on the collection, recording and notification of reliable data and the effective use of such data for preventive action (available at www.ilo.org/safework/normative/codes/ lang--en/docName--WCMS_107800/index.htm).

The Committee would be grateful if the Government would describe the procedure for the notification, registration and investigation of industrial accidents and cases of occupational disease, and communicate a copy of any applicable text.

The Committee asks the Government to reply in detail to the comments made by the CTV and ASI. In particular, referring to its observations in 2011 and 2012 under Convention No. 155, the Committee once again requests the Government to provide its comments on the issues related to the under-reporting of industrial accidents and cases of occupational disease. Furthermore, the Committee asks the Government to make the necessary efforts, so as to provide the relevant statistical information on industrial accidents and cases of occupational disease from 2007 up to the present, and to include this information in the annual report of the labour inspection services.

Articles 12(2) and 15(c). Confidentiality of the source of the complaint and of any links between a complaint and an inspection visit. Following up on its comments since 2002, the Committee notes that section 514 of the LOTTT still requires labour inspectors to notify employers upon their arrival in the establishment of the reason for the inspection. As the Committee has repeatedly emphasized, under these provisions of the Convention, labour inspectors should, on the one hand, be able to assess the appropriateness of warning employers of their presence and, on the other hand, should be prohibited from revealing to the employer or his/her representative the fact that the inspection has been occasioned by a complaint. The purpose of the obligation of confidentiality is to ensure that workers are protected from the risk of any reprisals by the employer as a result of the complaint. A guarantee of confidentiality is essential to ensuring the necessary trust in relations between workers and labour inspectors. The Government is therefore asked once again to ensure that measures are taken to bring its legislation into conformity with the Convention on these points and to provide information on the progress achieved. Please also provide a copy of any relevant texts.

Articles 20 and 21. Preparation and publication of an annual report on the work of the labour inspection services. Implementation of a computerized register of enterprises. The Committee notes that no annual report on the labour inspection services was received with the Government’s report and that no complete annual inspection report has been received by the ILO since 1998. However, it notes that the Government’s report contains some information relating to: (a) the number of labour inspectors and their geographical distribution; (b) the number of enterprises registered and their geographical distribution; (c) the number of inspections and follow-up inspections carried out in the different regions and the total number of workers concerned; and (d) the total number of inspections targeting specific categories of workers. The Committee also notes the establishment, organization and operation of the Register of Enterprises by Decisions Nos 4224 of 21 March 2006 and 4225 of 22 March 2006, on the basis of Decree No. 4248 of 30 January 2006. The Register is a computerized system aimed at compiling data on labour and social security for all enterprises and workplaces in the country, including data on the compliance of employers with instructions of the labour inspectorate and other administrative authorities, and the issuance or withdrawing of the labour compliance. Registration is compulsory for all enterprises operating in the country. Referring to its general observation of 2009 in which the Committee emphasized that a register of workplaces liable to inspection would provide the central labour inspection authorities with the data that are essential to prepare the annual report, it hopes that the Government will soon be in a position to fulfil its obligations under Articles 20 and 21. The Committee once again asks the Government to indicate the measures taken or envisaged to ensure that, as provided by Articles 20 and 21 of the Convention, the central labour inspection authority publishes and communicates to the ILO each year within the required time limits an annual report containing updated information on all the matters set out in Article 21(a) to (g) of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

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The Committee takes note of the Government’s report. It also takes note of the comments made by the Confederation of Workers of Venezuela (CTV) in a communication dated 29 August 2011 as well as by the Independent Trade Union Alliance (ASI) in a communication dated 30 August 2011. It also notes the Government’s reply to the comments of the CTV dated 30 November 2011. Since the latter was received too late to be examined, the Committee will examine the Government’s report along with the comments of the trade unions and the Government’s reply at its next session. The Committee requests the Government to communicate any comment or information it deems appropriate in reply to the comments of the ASI.

[The Government is asked to reply in detail to the present comments in 2012.]

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Articles 20 and 21 of the Convention. Publication and communication to the ILO of an annual report on the work of the labour inspection services. The Committee notes the detailed information provided by the Government in its report received in September 2009 in reply to the previous comments. In particular, it notes with interest the indication of the existence of a website for the National Institute for Prevention and Occupational Safety and Health (INPSASEL), on which information is published on the mandate, activities and results of the labour inspectorate. The Committee notes that in 2009 and 2010 activities were targeted at:

–      conditions of work and accommodation of workers engaged in catering (violations were noted in relation to safety and health and the obligation to notify risks, accidents and cases of occupational diseases);

–      the working conditions of men and women workers in the State of Aragua, bringing to light a significant number of cases of persons suffering from musculoskeletal injuries; a similar operation is planned in 32 other regions of the country according to the operational plan 2010;

–      risks related to health, occupational safety and the environment in relation to the transport of chemicals and hazardous gases;

–      supervision of workers’ delegates responsible for prevention in workplaces throughout the country;

–      the registration of occupational safety and health committees (9,595 in the construction and factory sectors, as well as in commercial establishments in 2009); and

–      the system for the declaration of cases of occupational diseases (1,904 cases declared in 2009).

The Committee also notes the detailed analysis of the statistics of industrial accidents over the period 2005–06, based on their geographical distribution, economic activity, occupation, material factor, part of the body injured, nature of the injury, educational level of the worker and age group. The efforts made to reduce the phenomenon of under-declaration are also reported to have allowed the reinforcement of INPSASEL policies in relation to men and women workers engaged in sectors that are traditionally excluded, namely SMEs, the informal economy, young workers, women and hitherto invisible categories of workers.

Analysis of the statistics is also reported to have enabled the Institute to reinforce and renew public policy on occupational safety and health and to reorient its programmes of action through strategic intervention projects, particularly in construction, factories and mines, with particular emphasis on activities in the petroleum sector, both with regard to its strategic importance and the high level of occupational risks which characterize it.

The Committee notes however that the above statistical analysis covers a relatively old period and reminds the Government that Articles 20 and 21 of the Convention respecting the annual report on the work of the labour inspection services determine, respectively, the time-limits and the content of such a report. The Committee would be grateful if the Government would therefore take measures to ensure that, as envisaged by Articles 20 and 21, the central labour inspection authority publishes and communicates to the ILO each year within the required time-limits an annual report containing updated information on the relevant laws and regulations, the staff of the labour inspection service, the number of workplaces liable to inspection and the number of workers employed therein, statistics of inspection visits, violations and penalties imposed, as well as of industrial accidents and occupational diseases. In view of the level of detail of the relevant data already posted on the INPSASEL website, the Government should be in a position to comply with this requirement rapidly and to provide information in its next report on the progress achieved in this respect, as well as ensuring that an annual labour inspection report is published and communicated to the ILO in the near future.

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The Committee refers the Government to its observation and asks it to send further information on the following points.

Article 3, paragraph 1(c), of the Convention. Contribution of the labour inspectorate to improving labour law. With reference to its previous comments, the Committee notes that ways and means are being studied for enabling inspectors to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions, and that relevant information will be sent in due course. The Committee hopes that the Government will not fail to provide information in its next report on developments in this area together with copies of any relevant texts.

Article 3, paragraph 2. Further duties entrusted to inspection staff in the area of labour relations. Further to its previous comments, the Committee notes the Government’s information that “labour inspector” refers to an official entrusted under section 589 of the Basic Labour Act with the settlement of labour disputes at the administrative level. Officials performing inspection duties within the meaning of the Convention are called labour and social and industrial security “supervisors”. Conciliation or arbitration are not among their duties. Noting that section 592 of the abovementioned act empowers the minister to appoint special officials to intervene in the conciliation and arbitration of individual or collective disputes, the Committee would be grateful if the Government would send any texts adopted under this provision.

Article 12, paragraph 1(c)(iv). Control of materials and substances used. The Committee notes that under section 590 of the Basic Labour Act labour inspection officers are empowered to gather evidence in the course of visits and to undertake any investigation or examination they deem necessary to ensure that the legal provisions are properly applied. The Committee would be grateful if the Government would ensure that full effect is given to the abovementioned provision of the Convention by supplementing the legislation with a provision empowering labour inspectors to take or remove for purposes of analysis samples of materials and substances used or handled at the workplace, subject to the employer or his representative being notified.

Article 12, paragraph 2. Notifying the presence of inspection staff. The Committee reminds the Government that, according to this provision, although inspectors are in theory required to notify their presence to employers or their representatives on the occasion of inspection visits, they should be allowed to refrain from such notification if they consider that it may be prejudicial to the performance of their duties. The Government is therefore once again requested to take measures to bring the legislation into conformity with the Convention on this point, to keep the Office informed, and to provide copies of any relevant texts.

Article 15(c). Confidentiality of the source of the complaint and any link between the complaint and the visit. According to this provision of the Convention, labour inspectors shall treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions, and shall give no intimation to the employer or his representative that a visit was made in consequence of the complaint. However, the chapeau text of this Article provides for exceptions to be made by national laws or regulations. The main purpose of these provisions is to ensure that workers are protected from the risk of any reprisals by the employer should the labour inspectorate apply enforcement measures as a result of the complaint. A guarantee of confidentiality is essential to ensuring the necessary trust in relations between workers and labour inspectors. The Government is therefore asked once again to take steps to ensure that the legislation is supplemented to this end or at least that express and specific instructions on this point are given to officials responsible for inspection visits. The Committee would be grateful if the Government would keep the Office informed and asks it to provide any relevant texts.

Articles 20 and 21. Annual inspection report. The Committee notes that the Ministry of People’s Power for Work and Social Security has instructed the relevant bodies to compile statistics on the work of the inspectorate and its results, particularly its activities to combat child labour. According to the Government, this information is contained in the Ministry’s annual report and should have been sent to the Committee. The Committee observes that this is not the case. It urges the Government to ensure that an annual report on the work of the labour inspectorate is shortly published and sent to the Office by the central inspection authority and that it contains the requisite information on each of the subjects listed at Article 21. It hopes that the guidance given by Part VI of the Labour Inspection Recommendation, 1947 (No. 81), will be followed to the extent possible, in the interests of making the annual report a useful tool for evaluating and improving the operation of the labour inspectorate.

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The Committee takes note of the Government’s report for the period ending on 1 September 2007 which replies to its previous comments, and of the documents appended thereto.

Article 6 of the Convention. Stability of employment of labour inspectors and their independence of changes of government. The Committee notes with satisfaction, that following it previous comments, it is now clear that labour inspectors are governed mainly by the Act of 2002 issuing the public service regulations, section 19(2) of which defines them as career officials appointed by competition to permanent posts. The Government indicates that Presidential Decree No. 1367 of 12 June 1996, under which labour inspectors were subject to discretionary termination, has been tacitly repealed because its provisions were contrary to the new Constitution, adopted in 1999. The legislation is thus consistent with the provision of Article 6 of the Convention which requires that “the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government ...”.

The Committee is addressing a request on other matters directly to the Government.

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Also with reference to its observation, the Committee notes the information provided by the Government in reply to its previous comments. It would be grateful if it would provide additional information on the following points.

1. Article 3, paragraph 1(c), of the Convention. Contribution of the labour inspectorate to improving labour law. The Committee would be grateful if the Government would take measures to accord labour inspectors the legal and practical means to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions.

2. Article 3, paragraph 2. Further duties entrusted to labour inspectors. According to the Government, the same inspectors do not carry out inspections and discharge conciliation and arbitration functions. Emphasizing that it is essential for the achievement of the objectives set out in the Convention that the human and material resources of the labour inspectorate are used principally for the effective discharge of the functions set out in Article 3, paragraph 1(a), (b) and (c), of the Convention, the Committee would be grateful if the Government would provide statistical data in its next report on the geographical distribution of inspection staff by field of competence and volume of activities.

3. Necessity to give a legal basis to the powers accorded to labour inspectors. The Committee notes the information indicating that the practice in relation to the powers, prerogatives and duties of labour inspectors in the discharge of their functions is in conformity with the provisions of the Convention. It cannot overemphasize the need to strengthen the legitimacy of inspection activities by ensuring that they have a legal basis so as to ensure that they are carried out in a uniform manner throughout the national territory. On the one hand, the climate of confidence necessary in the relations between the labour inspectorate and employers and workers would be facilitated and, on the other, the competent authority or the judiciary would have a legal basis for dealing with any appeals that are lodged. The Committee therefore urges the Government to take measures to supplement the legislation so as to ensure that labour inspectors are duly authorized to:

–      enter by day any premises which they may have reasonable cause to believe to be liable to inspection (Article 12, paragraph 1(b), of the Convention);

–      require the production of any books, registers or other documents the keeping of which is prescribed by national laws or regulations relating to conditions of work (…) and to copy such documents or make extracts from them (Article 12, paragraph 1(c)(ii) and (iv)).

4. Articles 12, paragraph 2, and 15(c). Principle of the confidentiality of the source of any complaint. According to the Government, although an inspector is obliged by section 590 of the Organic Labour Act to notify the employer of the reason for the inspection, that does not mean that the inspector also has to reveal whether the inspection has been carried out following a complaint. Such a statement would appear at the very least to be paradoxical, as an inspector cannot both notify the reason for the inspection and remain silent on the same point. So as to prevent an employer suspecting the existence of a complaint and attempting to identify the source of the complaint with a view to possible reprisals, an inspector has to remain free to carry out the inspection without giving any indication in this respect, thereby guaranteeing the confidentiality of the source of any complaint, in accordance with Article 15(c). The inspector should also be authorized, in conformity with Article 12, paragraph 2, in the interests of inspection, to be able to refrain from notifying the employer of her or his presence in the establishment, and the inspector should be able to refrain from revealing the reason for the inspection unless such notification is necessary for the inspection and is not liable to prejudice the workers. The Committee hopes that the Government will not fail to take measures to amend section 590 of the Organic Labour Act through the deletion of the last part of the last phrase of its introductory paragraph, which is worded as follows: “but notifying the employer of the reason for the inspection” and that it will keep the Office informed of any development in this respect.

5. Articles 20 and 21. Annual inspection report. The Committee notes that no annual inspection report has been communicated to the ILO since the report for the year 1998. With reference to its previous comments, the Committee however notes with interest that the statistics on inspection activities and their results in the field of child labour are currently being updated. It trusts that measures will rapidly be taken to ensure that an annual report on inspection activities is henceforth published and communicated to the ILO, in accordance with Article 20, and that it will cover all the matters set out in Article 21, as well as inspection activities in the context of combating child labour. The Government is requested to keep the Office informed of any progress achieved in this respect and, where appropriate, any difficulties encountered.

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The Committee notes the Government’s report for the period ending 1 September 2005.

Article 6 of the Convention. Status and conditions of service of labour inspectors. In a previous observation (in 2000), the Committee noted that, under the terms of section 1 of Presidential Decree No. 1367 of 12 June 1996, the staff of the labour inspectorate are considered to perform confidential functions and, as such, are liable to discretionary dismissal. It drew the Government’s attention to the incompatibility between this provision and the letter and spirit of Article 6 of the Convention and requested it to take the necessary measures to amend the legislation so as to secure for inspection staff a status and conditions of service such that they are assured of stability of employment and are independent of improper external influences. As the Government did not respond to its request, it was renewed in an observation in 2002. The report provided in 2003 on the application of the Convention contains the sole indication that no change had been made during the period in question. However, the Committee noted that the Act issuing the conditions of service of the public service, adopted on 6 September 2002, contained in sections 20 and 21 provisions applicable to officials performing functions of a confidential nature related to the security of the State, finance, customs, the control of foreign nationals and borders and control and inspection functions, under the terms of which the appointment and revocation of such persons is subject to discretionary power. For this reason, the Committee reiterated its request in 2003 and extended it to the latter legislation. In its report to the Committee in 2005, the Government indicated that the term “inspection” used in the 2002 Act did not include officials in the labour inspectorate, such as “labour and social security and industrial controllers attached to labour control units, safety and health inspectors, the personnel of the National Occupational Safety and Health Prevention Institute”, who are all under the responsibility of the Ministry of Labour and, according to the Government, are governed by the provisions of Convention No. 81. However, the Committee notes, on the one hand, that labour inspectors are not among the officials explicitly excluded from the application of the 2002 Act by virtue of the single paragraph of its first section and, on the other, that in any event, pursuant to section 1 of Decree No. 1367 of 12 June 1996, “for the purposes of section 4(3) of the Act on administrative careers, officials are considered to occupy confidential posts and, as such, are liable to discretionary dismissal when, within the Ministry of Labour, they discharge the functions of labour inspection, surveillance and control of conditions of work and social security and industrial conditions, and are empowered to impose sanctions …”. Such a provision is clearly contrary to Article 6 of the Convention. In this respect, the Committee recalled in its 2006 General Survey on labour inspection that, as can be seen from the preparatory work for the Convention, public servant status was considered necessary for inspection staff as it was the status best suited to guaranteeing them the independence and impartiality necessary to the performance of their duties. As public servants, labour inspectors are generally appointed on a permanent basis and can only be dismissed for serious professional misconduct, which should be defined in terms that are as precise as possible to avoid arbitrary or improper interpretations. A decision to dismiss an inspector, like any other decision to apply a sanction with serious consequences, should be taken, or confirmed, by a body offering the necessary guarantees of independence or autonomy with respect to the hierarchical authority and in accordance with the procedure guaranteeing the right of defence and appeal (paragraph 203). The Committee therefore once again requests the Government to take the necessary measures as soon as possible to bring the legislation into conformity with the provisions of Article 6 of the Convention, through the deletion of section 1 of Decree No. 1367 of 12 June 1996, and an appropriate amendment to the Act of 6 September 2002 issuing the conditions of service of the public service. The Government is requested to keep the Office informed forthwith.

The Committee is addressing a request directly to the Government on other matters.

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With reference to its observation, the Committee requests the Government to provide further information on the following points.

1. Labour inspection and child labour. The Committee notes with interest that the statistical table on inspection visits for 1998 and the period between January and September 2000 includes information on the outcome of the supervision of legal provisions respecting work by young persons in various age categories, particularly in metal foundries, mines and the retailing of alcoholic drinks. With reference to its general observation of 1999 concerning the very positive role that labour inspection services can play in combating child labour, the Committee requests the Government to take the necessary measures for the continued detection of illegal situations of child labour, so that this scourge can be combated effectively, and to ensure that the relevant information is included in the annual inspection report which is to be published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

2. Defects or abuses not specifically covered by existing legal provisions (Article 3, paragraph 1(c)). With reference to paragraph 79 of its General Survey of 1985 on labour inspection, in which it emphasizes the fundamental value for social progress of the duty of bringing to the notice of the competent authority defects or abuses which are not specifically covered by existing legal provisions, the Committee requests the Government to note that this is one of the three principal duties of labour inspection set out in Article 3, paragraph 1, and that, where it is properly understood and carried out, it should promote the introduction of new protective measures for workers. Noting that labour inspectors are ideally situated, in view of their direct knowledge of the working environment, to alert the authorities to the need for new and more appropriate regulations, the Committee suggested that the notification of the competent authorities of shortcomings in the legislation could take place through the channel of the periodical reports that labour inspectors submit to their superiors, or through ad hoc reports. The Committee hopes that the Government will not fail to take the necessary measures as soon as possible and that it will provide information on any developments in this respect.

3. Further duties liable to interfere with the effective discharge of the primary functions of labour inspection (Article 3, paragraph 2). The Committee notes that, under the terms of section 589 of the Organic Labour Act of 10 June 1997, the labour inspection services are responsible for discharging, among other functions, the duties of conciliation and arbitration. Please indicate the manner in which it is ensured that the performance of these duties does not interfere in the discharge of the primary duties of labour inspectors.

4. Assignment of women inspectors to certain duties (Article 8). Please indicate the special duties assigned, according to the Government’s report, to women engaged in the staff of the inspectorate.

5. Inspection by day of premises which may be liable to inspection (Article 12, paragraph 1(b)). With reference to paragraph 165 of its General Survey of 1985 on labour inspection, the Committee wishes to draw the Government’s attention to the case of premises which do not formally and clearly appear to be liable to inspection, but in which workers covered by the labour legislation are engaged. Recalling in this respect that, in accordance with the above provision, labour inspectors must be empowered to enter these premises by day, it requests the Government to provide information on the manner in which it is ensured that workers engaged therein are covered by this provision or, if this is not the case, to take measures for this purpose and to provide information in this respect.

6. Scope of supervisory powers (Article 12, paragraph 1(c)(ii) and (iv)). The Committee would be grateful if the Government would provide information on the measures which have been adopted or are envisaged to give effect to these provisions, under which labour inspectors should be empowered to copy or make extracts from any books, registers or other documents the keeping of which is prescribed by laws or regulations relating to conditions of work, and to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

7. Right and duty of confidentiality of inspectors concerning the reasons for the inspection (Article 12, paragraph 2, and Article 15(c)). By compelling labour inspectors to notify employers upon their arrival in the establishment of the reason for the inspection, section 590 of the Organic Labour Act is contrary to these two provisions of the Convention, under which, on the one hand, inspectors should be able to assess the appropriateness of warning employers of their presence and, on the other hand, should be prohibited from revealing to the employer or his representative the fact that the inspection has been occasioned by a complaint. The Committee therefore requests the Government to take measures to bring its legislation into conformity with the Convention on these points and to provide information on the progress achieved.

8. Annual inspection report (Articles 20 and 21). While noting the statistics of the inspections carried out during the course of 1999, 2000 and the first half of 2001, the penalties imposed and the fines imposed over the same period, as well as the statistics of industrial accidents and cases of occupational disease for 1998 and 2000, the Committee once again notes the absence of information on the number of workplaces liable to inspection and the number of workers employed therein, and it reminds the Government that an annual inspection report containing information on each of the subjects enumerated in Article 21(a) to (g) should be published and transmitted to the ILO by the central inspection authority within the time limits prescribed by Article 20. The Committee hopes that the Government will not fail to take the necessary measures to give effect to these provisions in the Convention in the near future.

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The Committee notes the Government’s reports and the attached documents.

Status and conditions of service of labour inspectors. The Committee noted in previous comments that section 1 of Presidential Decree No. 1367 of 12 June 1996 was contrary to the provisions of Article 6 of the Convention and requests the Government to take measures to guarantee the inspection staff a status and conditions of service such that it is assured of stability of employment and is independent of any improper external influences. The Committee notes that no measures have been taken to this end and that, under the terms of sections 20 and 21 of the Act of 9 July 2002 issuing the conditions of service of the public service, the confidential nature of the function of labour inspection justifies its discharge by persons who are freely appointed and revoked. As the Committee deems that these provisions also are incompatible with the requirement of stability of employment for labour inspectors stipulated by the Convention, it once again hopes that the Government will not fail to take prompt measures to bring the legislation into conformity with the Convention on this point and to keep the ILO informed of any progress made in this matter.

The Committee is addressing a request on other points directly to the Government.

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With reference to its observation, the Committee notes the Organic Labour Act of 10 June 1997 and Decree No. 3235 of 20 January 1999 adopting regulations thereunder. The Committee requests the Government to provide further information on the following points.

1. Labour inspection and child labour. The Committee notes with interest that the statistical table on inspection visits for 1998 and the period between January and September 2000 includes information on the outcome of the supervision of legal provisions respecting work by young persons in various age categories, particularly in metal foundries, mines and the retailing of alcoholic drinks. With reference to its general observation of 1999 concerning the very positive role that labour inspection services can play in combating child labour, the Committee requests the Government to take the necessary measures for the continued detection of illegal situations of child labour, so that this scourge can be combated effectively, and to ensure that the relevant information is included in the annual inspection reports which are to be published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

2. Defects or abuses not specifically covered by existing legal provisions (Article 3, paragraph 1(c)). With reference to paragraph 79 of its 1985 General Survey on labour inspection, in which it emphasizes the fundamental value for social progress of the duty of bringing to the notice of the competent authority defects or abuses which are not specifically covered by existing legal provisions, the Committee requests the Government to note that this is one of the three principal duties of labour inspection set out in Article 3, paragraph 1, and that, where it is properly understood and carried out, it should promote the introduction of new protective measures for workers. Noting that labour inspectors are ideally situated, in view of their direct knowledge of the working environment, to alert the authorities to the need for new and more appropriate regulations, the Committee suggested that the notification of the competent authorities of shortcomings in the legislation could take place through the channel of the periodical reports that labour inspectors submit to their superiors, or through ad hoc reports. The Committee hopes that the Government will not fail to take the necessary measures as soon as possible to bring its legislation into conformity with the Convention on this point and that it will provide information in this respect.

3. Further duties liable to interfere with the effective discharge of the primary functions of labour inspection (Article 3, paragraph 2). The Committee notes that, under the terms of section 589 of the Organic Labour Act of 10 June 1997, the labour inspection services are responsible for discharging, among other functions, the duties of conciliation and arbitration. Please indicate the manner in which it is ensured that the performance of these duties does not interfere in the discharge of the primary duties of labour inspectors.

4. Assignment of women inspectors to certain duties (Article 8). Please indicate the special duties assigned, according to the Government’s report, to women engaged in the staff of the inspectorate.

5. Inspection by day of premises which may be liable to inspection (Article 12, paragraph 1(b)). With reference to paragraph 165 of its 1985 General Survey on labour inspection, the Committee wishes to draw the Government’s attention to the case of premises which do not formally and clearly appear to be liable to inspection, but in which workers covered by the labour legislation are engaged. Recalling in this respect that, in accordance with the above provision, labour inspectors must be empowered to enter these premises by day, it requests the Government to provide information on the manner in which it is ensured that workers engaged therein are covered by this provision or, if this is not the case, to take measures for this purpose and to provide full information in this respect.

6. Scope of supervisory powers (Article 12, paragraph 1(c)(ii) and (iv)). The Committee would be grateful if the Government would provide information on the measures which have been adopted or are envisaged to give effect to these provisions, under which labour inspectors should be empowered to copy or make extracts from any books, registers or other documents the keeping of which is prescribed by laws or regulations relating to conditions of work, and to take or remove for purposes of analysis samples of materials and substances used or handled, subject to the employer or his representative being notified of any samples or substances taken or removed for such purpose.

7. Right and duty of confidentiality of inspectors concerning the reasons for the inspection (Article 12, paragraph 2, and Article 15(c)). By compelling labour inspectors to notify employers upon their arrival in the establishment of the reason for the inspection, section 590 of the Organic Labour Act is contrary to these two provisions of the Convention, under which, on the one hand, inspectors should be able to assess the appropriateness of warning employers of their presence and, on the other hand, should be prohibited from revealing to the employer or his representative the fact that the inspection has been occasioned by a complaint. The Committee therefore requests the Government to take measures to bring its legislation into conformity with the Convention on these points and to provide information on the progress achieved.

8. Annual inspection reports (Articles 20 and 21). While noting the statistics of the inspections carried out during the course of 1999, 2000 and the first half of 2001, the penalties imposed and the fines imposed over the same period, as well as the statistics of industrial accidents and occupational diseases for 1998 and 2000, the Committee once again notes the absence of information on the number of workplaces liable to inspection and the number of workers employed therein, and it reminds the Government that an annual inspection report containing information on each of the subjects enumerated in Article 21(a) to (g) should be published and transmitted to the ILO by the central inspection authority within the time limits prescribed by Article 20. The Committee hopes that the Government will not fail to take the necessary measures to give effect to these provisions in the Convention in the near future.

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The Committee notes the Government’s report and the enclosed statistical information and tables.

Stability of employment of labour inspectors (Article 6 of the Convention). With reference to its previous comments in which it noted that the discretionary dismissal of staff allowed by Presidential Decree No. 1367 of 12 June 1996 is contrary to the principle laid down in the Convention that inspection staff are to have independence and stability of employment, the Committee observes that the Government makes no mention in its report of any measures to bring the legislation into conformity with the Convention on this point. It therefore asks the Government once again to provide information on the measures taken for that purpose.

The Committee is addressing a request directly to the Government on the application of other Articles of the Convention.

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The Committee notes the Government’s reports for the period ending May 1999, the information supplied in reply to its previous comments and the 1998 annual report on the work of the inspection services.

The Committee notes with interest the information indicating that 118 new labour inspectors for social security and industrial safety have been trained. It notes that, in accordance with Article 7(3) of the Convention, the internal regulations for admission to the occupation provide that this category of labour inspectors shall receive specialized training within the framework of agreements concluded with the national higher education institutions, and particularly the university and university technology institute for industrial safety of Carabobo. It also notes that 22 heads of labour inspection and social security and industrial safety units have undergone retraining on documentation and legislation. Recalling, however, the provisions of Article 6 under which the inspection staff shall be composed of public officials who shall be assured of stability of employment and who are independent of any improper external influences, the Committee notes that under section 1 of Presidential Decree No.  1367 of 12 June 1996, inspection staff are considered to be performing confidential work and, as such, are liable to discretionary dismissal. The Committee considers that such a provision is contrary to the letter and spirit of the abovementioned Article of the Convention. The Government is therefore requested to take the necessary measures to have provisions adopted as speedily as possible with a view to ensuring that the inspection staff shall be composed of public officials whose status and conditions of employment are such that they are ensured of stability of employment and are independent of improper external influences.

The Committee notes that the inspection staff includes a high proportion of women and requests the Government to indicate whether, as provided in Article 8, special duties are assigned to them.

The Committee notes with interest the detailed information contained in the 1998 annual inspection report on the matters listed in Article 21(a), (b), (d), (e) and (f). It would be grateful if the Government would ensure that statistics concerning the number of workplaces liable to inspection and the number of workers employed therein (c) and statistics of occupational diseases (g) are also included in future annual inspection reports. It requests the Government to indicate the measures taken to ensure that the annual reports prepared by the central inspection authority are published and communicated to the ILO within the time frame prescribed in Article 20, and to supply information on measures taken to this end.

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1. Articles 3, 10 and 16 of the Convention. With reference to its previous comments, the Committee notes the information provided by the Government in its report according to which the administrative reorganization of the Ministry of Labour was approved by the Council of Ministers in Decree No. 2318 (Official Gazette No. 35908 of 27 February 1996). The restructuring plan was designed to change the emphasis of labour inspection duties towards guidance, consultancy and prevention, and to support them by means of the single supervisory act, in order to increase the technical capacity of their implementation; for this purpose, certain priorities were developed (making organizational and operational changes; providing employees with training and instruction; decentralizing its operations; supervision and monitoring; and planning priorities). The Committee notes the information with regard to the training of new labour, social security and industrial supervisors (STSSI) for the central area of the country, and the fact that 100 new professionals are being trained for the rest of the country.

The Committee requests the Government to continue to provide information on the application of the restructuring plan, the training of inspectors and the results in terms of the inspections carried out.

2. Articles 20 and 21. In its previous comments, the Committee noted that the document "Report and Account" did not include information relating to Article 21, paragraphs (a), (b) and (c), nor did it contain statistics allowing the effectiveness of the inspection system to be assessed in relation to paragraphs (d) and (f) of the same Article. The Committee notes the information provided by the Government to the effect that plans have been made to include in the 1997 "Report and Account" information on labour inspection, and that computerization of the information will enable the aspects contained in Recommendation No. 81 to be more clearly monitored. The Committee hopes that the Government will forward to the Office, within the time-limits prescribed in the Convention, the annual reports on the activities of the inspection service which contain all the information required under the Convention.

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The Committee notes the conclusions and recommendations of the Committee established 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) in relation to the application of the Convention (the report of which was approved by the Governing Body at its 256th Session in May 1993).

The Committee notes the statement in the Government's report that there has been no change in the application of the Convention.

It also notes a communication from the IOE, dated 15 September 1995, accompanying a letter from FEDECAMARAS, emphasizing the delay by the Government in giving effect to the above recommendations.

The Committee hopes that the Government's next report will indicate the measures which have been taken or are envisaged in this respect, possibly with the ILO technical assistance that it considers useful in this context.

With regard to the application of Article 3, paragraphs 1 and 2, of the Convention, the Committee considers that the functions of conciliation and arbitration attributed to inspectors should not interfere with the principal inspection duties entrusted to labour inspectors. The Committee requests the Government to indicate the measures which have been adopted or are envisaged for this purpose, so that workplaces are inspected as often and as thoroughly as necessary to ensure the effective application of the relevant legal provisions (Article 16).

Articles 20 and 21. The Committee notes the document Report and Account 1993, containing information and statistical data on labour inspection in 1993, as well as the data for 1994 attached to its report. It notes that this information does not contain indications on the laws and regulations relevant to the work of the inspection service, nor on the staff of the labour inspection service (paragraphs (a) and (b)). Nor does it include statistics of workplaces liable to inspection, or the number of workers employed therein (paragraph (c)). With regard to the other statistical data that are to be included in the annual report (paragraphs (d), (e), (f) and (g)), the Committee considers that they are not provided in a manner that it can evaluate the effectiveness of the inspection system. In order to improve the coverage of such data, the Government may wish to consider the itemization of the data, for example in the manner indicated in Paragraph 9 of Recommendation No. 81.

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The Committee notes the observation provided by the Venezuelan Federation of Chambers of Commerce and Production Associations (FEDECAMARAS) which states that the Convention is not fully applied and calls for improved implementation within the legislative framework of the Labour Code currently in force. The Committee hopes the Government's next report will include its own views in this respect.

Articles 20 and 21. The Committee hopes that in future annual inspection reports will be transmitted within the time set out in Article 20 and that they will contain information on the staff of the labour inspection service and on occupational diseases (points (b) and (g) of Article 21).

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Articles 20 and 21 of the Convention. The Committee notes the annual reports of the Ministry of Labour for the years 1985-88. It hopes that in future the reports will be transmitted within the time-limits set out in Article 20 and that they will also contain information on the staff of the labour inspection service and occupational diseases (points (b) and (g) of Article 21).