Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Minimum Age Convention, 1973 (No. 138) - Venezuela (Bolivarian Republic of) (Ratification: 1987)

The Committee notes the information supplied by the Government in its report, and especially the adoption of the Law on the Protection of Childhood and Adolescence of 1998 and requests it to provide information on the following points.

Article 2, paragraphs 4 and 5, of the Convention. On ratification of the above Convention, Venezuela had specified 14 years as the minimum age for admission to employment or work, in accordance with Article 2, paragraph 4, of the Convention. The Committee recalls Article 2, paragraph 5, which reads: Each Member which has specified a minimum age of 14 years in pursuance of the provisions of the preceding paragraph shall include in its reports on the application of this Convention submitted under article 22 of the Constitution of the International Labour Organization a statement: (a) that its reason for doing so subsists; or (b) that it renounces its right to avail itself of the provisions in question as from a stated date. The Committee requests the Government to supply information in this regard.

Article 3, paragraph 1. The Committee notes that section 96, paragraph 1, of the Law on the Protection of Childhood and Adolescence of 1998 prohibits the employment of adolescents aged between 14 and 18 years in tasks specified in the law. It also notes that section 96 of the said law specifies that the national executive can, by virtue of a decree, fix the minimum age higher than 14 years in the case of dangerous or health hazardous tasks for adolescents. The Committee requests the Government to indicate whether such decrees have been adopted and, if they are available, to provide a copy thereof to the Office.

Article 3, paragraph 2. The Committee notes that section 189 of Decree No. 1563 of 1973 sets out a number of activities in which young persons under the age of 18 are prohibited from working in undertakings in which the tasks can be hazardous to their lives or health. The Committee further requests the Government to indicate whether employers’ or workers’ organizations have been consulted beforehand, pursuant to Article 3(2) of the Convention.

The Committee also notes that section 189 of Decree No. 1563 of 1973 specifies in fine that the Minister of Labour can, through special decrees, determine other activities in which the employment of young persons under the age of 18 years shall be prohibited. It requests the Government to indicate whether there any other activities in which the employment of young persons is prohibited.

Article 3, paragraph 3. The Committee notes that section 190 of Decree No. 1563 specifies that permits may be granted authorizing the employment of young persons aged between 16 and 18 years in tasks which are forbidden in certain undertakings or trades where only members of the same household are employed. This is done in cases of absolute necessity, under circumstances which are particularly serious, or upon the advice of the competent labour inspector, if this is deemed necessary for the public interest. The Committee requests the Government to indicate if such permits have been granted and, if the case arises, indicate the measures which were taken to ensure the full safety, security, and morals of these young workers, and whether they have received an appropriate education or professional training in the relevant branches of activity. It further requests the Government to indicate whether workers’ and employers’ organizations have been consulted beforehand, pursuant to Article 3, paragraph 3, of the Convention.

Article 7, paragraphs 1 and 3. The Committee notes that section 96, paragraph 3, of the Law on the Protection of Childhood and Adolescence of 1998 specifies that the Protection Council may authorize, in specific and well-justified cases, the work of under-age adolescents, if the activity in question does not jeopardize their right to education, is not considered dangerous or harmful to their health and development, or is not prohibited by law. The Committee recalls that Article 7 of the Convention permits the employment of adolescents aged 12 to 14 in light work provided that such work does not jeopardize their health, development, or their school attendance. The Committee requests the Government to indicate whether, by virtue of section 96, paragraph 3, of the Law on the Protection of Childhood and Adolescence, the Protection Council permits the work of adolescents and, if so, which activities, and at what age. It further requests the Government to specify the conditions of work in various activities.

Article 8. The Committee notes that section 26 of the Law on Young Persons and section 251(1) of the Labour Code prohibit the employment of persons under 16 years of age in public, film, theatre, radio and television performances and in commercial and advertising activities, prior to soliciting the advice of the National Institute on Young Persons, or that of the competent labour inspector. Young persons of 14 years may work in performances after their case has been examined by the National Institute on Young Persons. The Committee also notes that section 21 of Decree No. 2405 specifies that permits should be delivered after examination of each individual case by the above Institute. Labour inspectors have to restrict the number of working hours and the conditions in which employment may occur. The Committee requests the Government to indicate whether there have been prior consultations with employers’ and workers’ organizations on such permits, pursuant to Article 8, paragraph 1, of the Convention.

Part V of the report form. The Committee notes the information supplied by the Government, according to which labour statistics and copies of inspection reports on the practical application of the Convention were not available at the time when the 2000 report was being prepared. The Committee requests the Government to transmit information on the practical application of the Convention by supplying, for example, statistical data on employment of children and adolescents, copies of labour inspection reports and detailed information on the number and nature of contraventions.

The Committee notes that section 267 of Decree No. 3235 of 20 January 1999 has repealed Decree No. 1563 of 1973 with the exception of Part IV, Special labour schemes, until the entry into force of the scheme stipulated in the Law on Social Security of 30 December 1997. The Committee remarks that the decree contains a few provisions on child labour, which have a direct impact on the application of the Convention in Venezuela. The Committee would therefore be grateful if the Government would indicate whether Part IV of Decree No. 1563 of 1973 is still in force and, if it has been repealed, to transmit to the Office a copy of the new provisions that replaced it.