Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

1. Article 1 of the Convention. Representative organizations. Further to the Committee’s 2006 observation, the Government has sent an early reply in a report received in August 2007. The Committee notes the information contained in the report which insists that social dialogue is being diversified and broadened. Social dialogue has included meetings between regional and sectoral chambers and national, regional and local authorities. The Government states that social dialogue is possible under the present conditions, given the coexistence of solid and independent employers’ and workers’ organizations which enjoy full respect of the principles of freedom of association and collective bargaining. The Committee refers to the outstanding issues mentioned in the comments on Conventions Nos 87 and 98. In its 2003, 2005 and 2006 observations on Convention No. 144, the Committee also referred to the resolution concerning tripartism and social dialogue (adopted by the Conference at its 90th Session in 2002), which emphasizes that social dialogue and tripartism have proved to be valuable and democratic means to address social concerns, build consensus, help elaborate international labour standards and examine a wide range of labour issues in which the social partners play a direct, legitimate and irreplaceable role. In this context, the Committee trusts that the Government will include in its next report on Convention No. 144 information on the measures adopted to ensure that the consultations required under this Convention are held with “representative organizations” enjoying the right of freedom of association.

2. In this respect, the Committee hopes that the Government will be able to provide its remarks on the comments of the International Organisation of Employers (IOE) which the Office transmitted in October 2007. The IOE highlights the interest shown by the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) in strengthening its relations and collaboration with the Government and in fostering genuine social dialogue within the meaning of the Convention.

3. Article 5, paragraph 1(b). Tripartite consultations prior to submission to the National Assembly. In its last report, the Government included a further copy of the communication of February 2006, addressed by the Ministry of Labour to the Ministry of Foreign Affairs, asking that steps be taken to have the instruments still outstanding submitted to the National Assembly. The Committee notes that no reply was received to this communication and that no steps have yet been taken to submit the instruments concerned. The Committee asks the Government once again to report on the effective consultations that will be held with the social partners on the proposals put to the National Assembly when the instruments adopted by the Conference are submitted.

4. Other tripartite consultations required under the Convention. In its report, the Government refers to consultations concerning minimum wage fixing and occupational health and safety, collective agreements in the construction and oil sector and business round tables. Without prejudice to the comments made on the application of other Conventions, the Committee reiterates its interest in examining, in the Government’s next report, information relating to the effective tripartite consultations which are to be held on the other matters listed in Article 5, paragraph 1, of Convention No. 144.