Observation (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 144) sur les consultations tripartites relatives aux normes internationales du travail, 1976 - Venezuela (République bolivarienne du) (Ratification: 1983)

The Committee notes that a complaint under article 26 of the ILO Constitution alleging non-observance of the Convention by the Bolivarian Republic of Venezuela, made by a group of Employer delegates to the International Labour Conference in 2015, was declared receivable and is pending before the Governing Body.

The Committee notes the observations made jointly by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) and the International Organisation of Employers (IOE), received on 2 September 2015, and the additional observations received on 29 October 2015. The Committee notes the Government’s reply, received on 22 November 2015. The Committee also notes the observations by the Confederation of Workers of Venezuela (CTV), received on 1 September 2015, and of the National Union of Workers of Venezuela (UNETE), received on 2 October 2015. The Committee requests the Government to provide its comments in this respect.

Articles 2, 5 and 6 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide specific information on the consultations held on each of the matters relating to international labour standards which come within the scope of the Convention. The Committee notes the Government’s indication in its report that it has a broad and inclusive conception of social dialogue and that participation mechanisms must not be confined merely to the most representative organizations. The Government refers to the consultations held within the framework of the Economic Peace Conference (April 2014) and the Productive Power Anzoátegui Expo 2015, which benefited from the participation of many employers. The Government gives assurances that each year it transmits the reports on the application of ratified and unratified Conventions, the report forms, reports, surveys and instruments from the Office and the International Labour Conference, for consultation with the workers’ and employers’ organizations in the country. The Committee observes that FEDECAMERAS and the IOE are of the view that the most representative organization of employers in the country continues to be ignored by the Government. FEDECAMERAS and the IOE indicate that the meetings referred to by the Government do not constitute a consultation or an executive dialogue mechanism. There are no real structural dialogue bodies in the country to facilitate a healthy exchange of ideas or the achievement of consensus. According to FEDECAMERAS and the IOE, the Government is still failing to comply with the request made by the high-level tripartite mission which visited the Bolivarian Republic of Venezuela (27–31 January 2014) to formulate a plan of action aimed at setting up a tripartite dialogue round table. FEDECAMERAS adds that is it not seeking exclusive dialogue, but only demands that it be included within the broad consultations that the Government claims that it is conducting within the constitutional parameters of the country. The Committee notes the indication by the CTV that the Government has refused to establish any type of tripartite consultation on subjects relating to the world of work in the country. The CTV observes that labour legislation, and particularly the fixing of the minimum wage is carried out unilaterally. Similarly, UNETE emphasizes the lack of dialogue and consultation in the country. The Committee regrets that there has not been progress in social dialogue and urges the Government to take measures in this respect. The Committee requests the Government to provide updated information on the effective consultations held on each of the subjects relating to international labour standards that come within the scope of the Convention, and on the procedures envisaged for the holding of such consultations. The Committee reiterates its request to the Government to indicate the manner in which account is taken of the opinions expressed by the representative organizations concerning the operation of the consultation procedures required by the Convention.