Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

Communications from employers’ and workers’ organizations. Tripartite consultations required by the Convention. The Committee notes the observations of the Independent Trade Union Alliance (ASI) sent to the Government in September 2011. It notes that according to the ASI, the information sent to the Committee of Experts has not been communicated to the workers’ organizations, which affects their ability to make relevant observations on the application of ratified Conventions. In observations sent to the Government in September 2011, the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) likewise referred once again to the absence of any bipartite and tripartite consultations. FEDECAMARAS again urged the Government to establish social dialogue and tripartite consultation as a genuine and sure path towards the social and economic development of the country. FEDECAMARAS again noted the lack of any consultation in the framing and adoption of various legislative texts. In observations sent to the Government in September 2012, the Confederation of Workers of Venezuela (CTV) states that it asked the Government to inform it of the content of the reports sent to the Committee of Experts in 2012, but was not given the opportunity to make relevant observations. In observations sent to the Government in September 2012, FEDECAMARAS again reports failure to consult the most representative employers’ association of the country when a number of important laws were promulgated, including the Organizational Act on Labour and Men and Women Workers, in May 2012. In a communication received in August 2012, the International Organisation of Employers (IOE) expressed support for the observations made by FEDECAMARAS, asserting that the facts they recounted are evidence of a total absence of social dialogue in the country. The IOE adds that the very existence of independent employers’ organizations, particularly FEDECAMARAS, the most representative employers’ association in the country, is at risk. In replying to the social partners’ observations received in November 2012, the Government explains that, on 4 September 2012, the CTV received a digital copy of 11 reports prepared for 2012. The Government reports that a committee consisting of all sectors in the country was established to discuss the new Organizational Act on Labour. The Committee refers to its observation of 2010 in which it reiterated its conviction that the Government and the social partners should undertake to promote and strengthen tripartism and social dialogue on the matters covered by the Convention. The Committee again invites the Government to indicate the manner in which the opinions expressed by the representative organizations consulted on each of the matters covered by Article 5(1) of the Convention are taken into account, with particular reference to how its practice has evolved with regard to tripartite consultation on draft reports on the application of ratified Conventions (Article 5(1)(d)).

[The Government is asked to reply in detail to the present comments in 2013.]