Solicitud directa (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre la inspección del trabajo, 1947 (núm. 81) - Venezuela (República Bolivariana de) (Ratificación : 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, 4, 5(a) and 6 of Convention No. 81. Structure of the labour inspectorate. The Committee notes that, in response to its previous request, the Government indicates in its report that the units under the State departments of the People’s Ministry of the Social Process of Labour (MPPPST), and the regional labour offices under the Regional Management for Occupational Safety and Health National Health and Safety Prevention Institute (INPSASEL) are decentralized bodies operating throughout the national territory and carry out inspection, supervision and monitoring activities. In 2023, there were 43 supervisory units, whose competences and scope of action are set out in sections 514 to 516 of the Basic Act on labour and men and women workers. INPSASEL is responsible for conducting inspections into occupational safety and health conditions, establishing orders and deadlines for compliance in the event of violations of the regulations in force, without undermining the general competences of the supervisory units attached to the labour inspectorates. The Committee requests the Government to provide information on the effective cooperation among these inspection services and on the structure of the labour inspectorate as the central authority. The Committee also requests the Government to provide an organizational chart of the new structure.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. 1. Special commissioners. The Committee notes that, in response to its previous request, the Government indicates that: (i) special commissioners are part of the supervisory units; (ii) once their vocational technical training, performance, length of service and commitment to the defence of workers’ rights are recognized, the title of the post is changed; and (iii) remuneration and the tasks they perform correspond to the post they occupy and they receive the same benefits as other public servants in the labour inspectorate. The Committee once again requests the Government to indicate which specific tasks are performed by the special commissioners.

2. Remuneration of inspectors. The Committee notes that, in response to its previous request and the previous observations of CTASI and FAPUV on the extremely low salaries of inspectors, the Government indicates that the salary system of officials of the National Public Administration is governed by a general wage scale divided into levels or ranks of administrative staff or graduates, university technical staff and university professional staff, setting out a starting or basic wage for each grade plus compensation for seniority and a professionalization bonus. The Government indicates that a food allowance (the Socialist Basket (Cestaticket Socialista)) is added to the salary system to protect the purchasing power of workers, the amount of which can be adjusted according to needs. The employment relations of public servants in the MPPPST are governed by collective agreements, which include the allocation of a series of benefits, such as childcare, medical services and family allowances, evaluation increments, and provision of uniforms. The Committee notes that CODESA, the CTV, FAPUV, the CTASI, UNETE, the CUTV and the CGT, in their joint observations, state that inspectors’ job security is affected by the low salaries that they receive and that there is no wage adjustment. The Committee requests the Government to send its comments on the observations. While noting the information provided by the Government, the Committee once again requests it to provide information on the salaries and benefits of inspectors in comparison with those of other public officials exercising similar functions in other Government services, such as tax inspectors and police officers.

Articles 20 and 21. Annual report. The Committee notes the statistical information provided by the Government in response to its previous request, for the period 2020–22, which covers some of the subjects required by Article 21 of the Convention but does not contain statistical information on undertakings subject to inspection and the number of workers employed in such undertakings, as well as statistics on occupational accidents and diseases. The Committee notes that CODESA, the CTV, FAPUV, CTASI, UNETE, the CUTV and the CGT report that: (i) it would be useful for the Government to annex the annual labour inspection reports to its report; (ii) there are many omissions compared with the actual situation in the information provided by the Government; (iii) it doubts that there is a reliable database on specialized technical inspection officials and occupational diseases; and (iv) INPSASEL does not have an updated database on occupational accidents. The Committee requests the Government to send its comment on the observations. The Committee requests the Government to continue to provide statistical data on all the questions contained in Article 21 of the Convention and trusts that the future reports will cover all questions contained in Article 21 of the Convention, including subparagraphs (c), (f) and (g). Lastly, the Committee requests the Government to make every effort to ensure that annual inspection reports are published and transmitted to the ILO, in accordance with the requirements in Articles 20(3) and 21 of the Convention.