Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Labour Inspection Convention, 1947 (No. 81) - Venezuela (Bolivarian Republic of) (Ratification: 1967)

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The Committee notes the observations made jointly by the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the National Union of Workers of Venezuela (UNETE), the United Federation of Workers of Venezuela (CUTV) and the General Confederation of Labour (CGT) received on 30 August 2023.

Articles 3(1)(a) and (b), 13 and 16 of the Convention. Labour inspection in the field of occupational safety and health (OSH). The Committee notes that, in response to its previous request concerning reasons why there have been no orders with immediate executory force issued in the event of imminent danger to the health and safety of workers, the Government indicates that: (i) in accordance with section 135 of the Basic Act on prevention, working conditions and the working environment, the procedure for reporting conditions of serious or imminent danger to the health and safety of workers is still the full or partial suspension of the activity or production until the official certifies that the situation of serious or imminent danger has passed; (ii) in practice, the situation may be rectified during the inspection, with the inspector present, and not warrant the continued application of the suspension measure. Noting the absence of information in this respect, the Committee requests the Government to provide information on the number oforders with immediate executory force issued in the event of imminent danger to the health and safety of workers issued by labour inspectors with regard to the next reporting period.

The Committee also notes that, according to the Government’s information: (i) the National Institute of Prevention and Health and Safety at Work (INPSASEL) conducted 5,144 inspections in 2020, 948 in 2021 and 1,826 in 2022; and (ii) in 2020 and 2021, labour inspection focused on the prevention of biological risks and, in particular, in 2021 INPSASEL conducted 99,758 inspections to evaluate biosecurity measures during COVID-19 and carried out 34,629 follow-up visits. The Committee notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT, in their joint observations, state that in practice, inspections are not conducted in accordance with the procedures, as there are no voluntary inspections (inspecciones voluntarias), and complaints filed by workers are not duly dealt with because of the lack of material and human resources in the labour inspection system and the lack of training for inspectors. The Committee once again requests the Government to make every effort to ensure that OSH inspections are conductedas often and as thoroughly as is necessary and to continue to provide detailed information on the labour inspection activities related to OSH.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. Selection of inspectors. The Committee notes that, in reply to its previous comment on the selection criteria for inspectors, the Government indicates that it is against the law and practice relating to incorporation into the public Service to select labour inspection staff based on political ideology. The Government also indicates that a dismissal of a public servant is only carried out on the grounds specifically established by law, following due process and with the possibility of implementing the corresponding legal remedies. In this regard, the Committee notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT allege that there is a lack of independence among labour inspectors in the performance of their duties due to political interference. The organizations add that the Government restricts the autonomy of inspectors in their decisions, by designating “special ad-hoc officials or inspectors” who never make themselves known, do not deal with workers’ cases and do not publicize the location of their office. The Committee recalls that, under the terms of Article 6 of the Convention, the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and improper external influences. Article 7 also provides that labour inspectors shall be recruited with sole regard to their qualifications for the performance of their duties and that the means of checking such qualifications shall be determined by the competent authority. The Committee requests the Government to provide its comments on the observations, and to take the necessary measures to ensurethe stability and independence of labour inspectors, as required by the Convention.

Articles 10 and 11. Number of inspectors and material resources. The Committee notes the Government’s indication, in reply to its previous request, that in 2023 the labour inspectorate had 181 labour inspectors assigned to the inspection units of the People’s Ministry for the Social Process of Labour (MPPPST), compared with 184 in 2020. The Government adds that it has encouraged and promoted the incorporation of labour inspection staff who meet the profile required throughout the national territory aimed at increasing staff numbers with new officials. With regard to the material resources available to labour inspectors, the Government indicates that the supervision units in 18 states have working vehicles that are used to transport officials to areas that are difficult to access, and that it continues to cooperate with other public administration institutions to facilitate inspections, as the availability of petrol and spare parts, as well as office equipment and other supplies, are affected by the unilateral coercive measures. In this respect, the Committee notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT state that the inspection system lacks adequate and trained inspection staff with the necessary material and technical resources, as the institutions do not have their own vehicles to carry out inspection tasks. With regard to substitutes for posts, these organizations indicate that inspectors have not been trained to perform the relevant functions and are not sufficient in number. The Committee requests the Government to send its comments in this respect. While once again observing a slight decrease in the number of labour inspectors, the Committee requests the Government to take all necessary measures to ensure the effective discharge of the functions of the labour inspection services. The Committee requests that the Government continue to provide information on the number of labour inspectors, and particularly on the material resources available to inspectors for the performance of their duties (including vehicles and premises).

Articles 12(1) and (2) and 15(c). Notification of the presence of inspectors on the occasion of an inspection. Timing of inspections. Requirement of confidentiality. In its previous comment, the Committee noted that section 514(1) of the Basic Act concerning labour and men and women workers (LOTTT) maintains the requirement for inspectors to show identification upon their arrival and to specify the reason for the visit, and that it only allows visits during working hours, which limits the free access of inspectors to workplaces. The Committee previously raised concerns that the requirement to notify the reason for the inspection under section 514(1) might jeopardize the confidentiality of the existence of a complaint, as well as the identity of the complainant. In this respect, the Committee notes the Government’s indication that this provision will be referred to the country’s competent authorities for revision. The Committee also notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT welcome the fact that the Government is considering the possibility of revising the legislation to give legal recognition to confidentiality and the need for inspectors to abstain from notifying their presence where this may undermine the success of their task. Noting the Government’s intention, the Committee requests the Government to provide information on any progress made towards amending the provision referred to above to: (i)ensure recognition in the national legislation of the principle of confidentiality and the power of inspectors provided with proper credentials not to notify their presence if they consider that such notification may be prejudicial to the performance of their duties, as required by Articles 12(2) and 15(c) of the Convention; and (ii) give effect to Article 12(1)(a) of the Convention by empowering inspectors (provided with proper credentials) to enter freely at any hour of the day or night any workplace liable to inspection.

Article 16. Supervision by labour inspectors, frequency and thoroughness of inspections. The Committee notes that, in response to its previous request concerning the significant decrease in the total number of inspections in 2019 in comparison with previous years, the Government indicates that: (i) variations in the number of inspections are due to external factors, such as restrictions on movement because of the impact of unilateral coercive measures and the pandemic, as well as internal factors, such as difficulties in replacing inspection staff; and (ii) the labour inspectorate continued to fulfil its functions, with a decrease in numbers in proportion to the decrease in economic activity and movement of persons, but the inspection system’s usual schedule and procedures have been resumed, noting that the System of Protection of Children and Adolescents continued its services during this period. The Government also indicates that in 2020, 2021 and 2022, the MPPPST conducted 2,647, 6,640 and 12,713 inspections, respectively. The Committee also notes the nature of the violations reported and the number of penalties imposed during these years, namely 2,092, 2,165 and 2,714 fines, respectively. In this respect, the Committee notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT indicate that: (i) penalties imposed by the labour inspectorate are not dissuasive, as it is more convenient for the employer to pay the fine than to rectify the reason for the penalty, and often the competent authority does not give effect to the legal penalties; and (ii) there are serious problems with supervision of child labour. The Committee requests the Government to send its comments on the observations and to continue providing statistical data on the number of inspections and violations of labour laws, with an indication of the provisions breached and the penalties imposed. In regard to its pending comments on the Minimum Age Convention, 1973 (No. 138), the Committee once again requests the Government to provide detailed information on the inspection activities carried out in relation to child labour.

The Committee is raising other matters in a request addressed directly to the Government.