Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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.

1. The Committee noted previously that the Act issuing the conditions of service of the public service of 11 July 2002 only grants career public servants, that is permanent public servants, the right to organize in trade unions (section 32). The Committee notes the Government’s indication that: (1) the right to organize in trade unions relates to career public servants, as opposed to public servants who may be freely appointed and removed; and (2) section 1 of the Act provides that it does not apply to specific categories of public servants, but this does not imply that these categories of workers are not covered by provisions recognizing their right to organize in trade unions. In this respect, the Committee recalls that only members of the armed forces and the police may be excluded from the scope of the Convention. In these conditions, the Committee requests the Government to take measures to guarantee the right to organize of public servants who may be freely appointed and removed from office. The Committee also requests the Government to provide information on the legislation that is in force respecting the right to organize of categories of public servants and workers in the public sector who are excluded from the conditions of service of the public service by virtue of section 1.

2. The Committee notes, in relation to the other matters that it had raised, that: (1) the "labour directors" referred to in section 613 of the draft Bill to amend the Organic Labour Act are appointed by trade union organizations, that they benefit from trade union immunity and form part of the boards, executive and administrative committees or councils of autonomous institutions and economic and social development agencies in the public sector and enterprises with 50 per cent or more State capital; (2) the services listed as essential in the Regulations of the Organic Labour Act are not enumerated for the purpose of prohibiting the exercise of the right to strike, but for compliance with a minimum service; and (3) there exists a procedure for the peaceful resolution of disputes in the public sector through the National Mediation Commission, which does not prevent strikes from being called if there has been no conciliation after a ten-day period.