Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Convention (n° 1) sur la durée du travail (industrie), 1919 - Venezuela (République bolivarienne du) (Ratification: 1944)

Article 2 of the Convention. Daily and weekly hours of work. In its previous comments, the Committee concluded that section 206 of the Basic Labour Act (LOT) was not in accordance with the provisions of the Convention. Under this section, employers and workers may decide by joint agreement to modify the limits on working hours subject to compensatory arrangements and on condition that hours of work do not exceed 44 hours a week on average over a period of eight weeks. The Committee noted previously that the application of section 206 is not confined to the exceptions explicitly provided for by the Convention. Furthermore, Article 2(b) of the Convention does not allow the uneven distribution of hours of work over a period longer than a week. Moreover, the use of the flexibility offered by this provision requires the authorization of the competent authority or an agreement concluded between the organizations or representatives of employers and workers. The existence of an agreement between an employer and workers on an individual basis is not sufficient in this respect. Furthermore, the extension of hours of work authorized in this context may not be more than one hour a day, whereas section 206 of the LOT does not establish any limit for daily hours of work.

In its report, the Government confines itself to indicating that under the terms of section 90 of the Constitution working hours may not exceed eight hours a day and 44 hours a week when the work is performed during the day. The Government considers that this provision is in conformity with the requirements of the Convention and provides for adequate guarantees to prevent abuse. It adds that the National Assembly has embarked upon a reform of the LOT, without providing further details on this subject.

Under these conditions, the Committee is bound to reiterate its previous comments and to urge the Government to take the necessary measures to amend the legislation so as to bring it into conformity with the provisions of the Convention on this point. In this respect, the Government is requested to provide information on the draft amendment of the Basic Labour Act undertaken by the National Assembly.

The Committee is also addressing a request directly to the Government on other matters.