Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Venezuela (Bolivarian Republic of) (Ratification: 1982)

The Committee notes the Government's report, as well as the discussion which took place during the 1999 Conference Committee. The Committee also notes the World Confederation of Labour's (WCL) objections to amendments to the Act concerning judicial power and the Act on the status of judges, approved on 26 and 27 August 1998, which according to the WCL violate the right to organize and the right to strike.

The Committee recalls that for many years its comments regarding the Organic Labour Act referred to the following:

-- the requirement for an excessively long period of residence (more than ten years) in order for foreign workers to hold trade union office (section 404);

-- the excessively long and detailed list of duties entrusted to and aims to be achieved by workers' and employers' organizations (sections 408 and 409);

-- the requirement for an excessively high number of workers (100) necessary to form self-employed workers' trade unions (section 418); and

-- the requirement for an excessively high number of employers (ten) needed to establish an employers' trade union (section 419).

The Committee notes the Government's indication that it intends to bring national legislation and practice into conformity with the requirements of the international labour Conventions and that the delay in establishing the ad hoc committee for this purpose was due to the politico-electoral situation of the second half of 1998. On this subject, the Committee expresses the firm hope that the Government will communicate detailed information in its next report on all measures adopted to amend the provisions of the Organic Labour Act mentioned above and hopes to be able to note in the very near future that the legislation fully complies with the requirements of the Convention.

Lastly, the Committee observes that the WCL points out that, by virtue of the Acts amending judicial power and the status of judges, workers in the sector do not enjoy the right to organize and to strike. The Committee notes the Government's indication that the legislation provides for freedom of association for these workers and a collective agreement is in force in this sector.