Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

The Committee notes that the Government's report has not been received. With reference to its previous comments, it also notes the adoption in November 1990 of the new Labour Act, which comes into effect on 1 May 1991. It notes further that the new Labour Act reproduces provisions from the previous Labour Act which the Committee had previously indicated were not in conformity with the Convention, and has even moved them further from the Convention's requirements.

1. The Committee notes that section 27 of the Labour Act provides that not less than 90 per cent of the employees in any undertaking shall be Venezuelans (as compared with 75 per cent in the earlier Labour Act), and that the wages of foreign staff shall not exceed 20 per cent of the total wages paid to the employees. This provision is not compatible with Article 10 of the Convention which provides for equality of opportunity and treatment in employment, including access to employment. The Committee therefore requests the Government to indicate the measures it intends to take to ensure the observance of the Convention in this respect.

2. The Committee notes that section 404 of the Labour Act, reproducing the same provision in the earlier Labour Act, prescribes that an alien who has resided in the country for more than ten years may, subject to the approval of the ministry concerned, be permitted to become a member of the management committee of a trade union. This provision is not in conformity with Article 10 of the Convention, which provides for equality of treatment in trade union rights without any limitation. The Committee hopes that the Government will take the necessary measures to amend section 404 of the Act, in order to give full effect to the Convention on this point.

3. The Committee again requests the Government to specify the categories of employment that are restricted for migrant workers under Article 14, paragraph (c), of the Convention, providing that access may only be restricted to limited categories of employment or functions where this is necessary in the interests of the State.

4. Point V of the report form. The Government is asked once again to supply information on the number and composition of foreign nationals employed in Venezuela and the number of Venezuelan nationals employed abroad, in addition to the other information on the practical application of the Convention called for in point V of the report form.