Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 138) sur l'âge minimum, 1973 - Venezuela (République bolivarienne du) (Ratification: 1987)

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted the statements from the International Trade Union Confederation (ITUC) to the effect that child labour is widespread in the informal sector and in non-regulated activities in the country. The ITUC stated that, according to certain estimates, some 1.2 million children were working, particularly in agriculture, domestic service and as street vendors, and more than 300,000 were working in the informal economy. The Committee also noted the concerns of the Independent Trade Union Alliance (ASI) regarding the increase in the number of children and young persons working in the informal economy, the majority of whom are reportedly performing hazardous work. It also noted that official statistics do not allow the true scale of child labour in the informal sector to be understood and it asked the Government to provide up-to-date statistics on this matter.

The Committee notes that the Government’s report does not contain up to date statistics on the situation of children and young persons working in the country. However, it notes the statistics on inspections supplied in the Government’s report. In 2015, the labour inspection services carried out 46,946 inspections and recorded 206 infringements relating to the minimum age (14 years). The Committee requests that the Government provide information on penalties imposed for infringements recorded by labour inspectors. It requests that the Government once again take the necessary steps as soon as possible to ensure that up-to-date statistics on the situation of children and young persons who are working in the country, particularly in hazardous work and the informal economy, are made available. Lastly, the Committee requests that the Government provide information on the national measures and policies adopted or contemplated to ensure that all children and young persons, including in the informal economy, enjoy the protection granted by the provisions of the Convention.

Article 3(3). Admission to hazardous work from the age of 16 years. The Committee previously noted that section 18(8) of the Basic Act on labour and men and women workers prohibits the employment of young persons in work that may affect their full development. However, the Committee observed that the term “young person” is not defined in this Act and that, if reference is made to the definition of the term “young person” given in section 2 of the Act of 1998 concerning the protection of children and young persons, this prohibition extends only to children aged 12 years or over, since young persons are defined as children of at least 12 years of age. It also noted that under section 32 of the Basic Act on labour and men and women workers, the work of children between 14 and 18 years of age is regulated by the Act of 1998 concerning the protection of children and young persons. Section 96(1) of the Act of 1998, concerning the protection of children and young persons, prohibits the employment of young persons between 14 and 18 years of age in work that is expressly prohibited by law and, under the terms of section 96, the national executive authority may determine by decree minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons. Moreover, the Committee pointed out that Decree No. 1631 of 31 December 1973, issuing regulations on occupational safety and health conditions, prohibits hazardous or unhealthy work, as defined by the national legislation or the Ministry of Labour, for women and boys under 18 years of age. The Committee therefore asked the Government to bring its legislation into line with the Convention.

The Committee notes the Government’s indication that its legislation prohibits all hazardous types of work for boys and girls under 18 years of age. However, even though the regulations on safety and health conditions prohibit hazardous or unhealthy activities for young persons under 18 years of age, the Committee emphasizes that section 96 of the Act of 1998 leaves open the possibility of the national executive authority determining minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons. The Committee reminds the Government that the employment of young persons between 16 and 18 years of age in hazardous work is only authorized subject to the application of strict conditions which ensure their protection and the provision of prior training and is never authorized for young persons under 16 years of age. The Committee therefore requests that the Government take the necessary measures as soon as possible to bring its national legislation into conformity with the Convention, ensuring that any exceptions to the prohibition on hazardous work authorized by the Act of 1998 concerning the protection of children and young persons, only apply to young persons between 16 and 18 years of age and only under the conditions laid down in Article 3(3) of the Convention.

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