Country profile VEN
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| List of hazardous activities prohibited for children | 1971-12-13 | C138 & C182 | Regulations on occupational safety and health conditions - Article 79 | [{"link_name":"Regulations on occupational safety and health conditions","source_link":"https://pandectasdigital.blogspot.com/2016/08/reglamento-de-las-condiciones-de.html"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | Article 79 of the Regulations lists the types of hazardous activities that are prohibited to children. |
| Minimum age for hazardous work | 2007-12-10 | C138 & C182 | Law for the Protection of Children and Adolescents - Section 96 | [{"link_name":"-Law for the Protection of Children and Adolescents","source_link":"https://www.oas.org/juridico/PDFs/mesicic4_ven_ley_org_prot_ninos_adolc.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4365695,102880"}] | N/A | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | In an Observation published in 2024, the CEACR noted that the Government once again stated that its considers that its legislation prohibits all forms of hazardous work to children under 18 years and that the Children’s and Young Persons’ Protection Councils do not authorize young persons to be engaged in hazardous work in practice. The Government indicates that, although section 96(1) of the Act of 1998 concerning the protection of children and young persons, provides that the national executive authority may determine minimum ages higher than 14 years for types of work that are hazardous or harmful to the health of young persons, section 96(2) goes on to say that, in any event, persons between 14 years and under 18 years, “shall not engage in any type of work that is explicitly prohibited by law”. Therefore, according to the Government, persons under the age of 18 years are explicitly prohibited from engaging in hazardous types of work. The Committee noted that, even though the regulations on safety and health conditions prohibit hazardous or unhealthy activities for young persons under 18 years of age, section 96 of the Act of 1998 leaves open the possibility for the national executive authority to determine a minimum age under 18 years for types of work that are hazardous or harmful to the health of young persons. In light of this information, the Committee noted with concern that the Government has not taken any measures to bring its legislation into conformity with the Convention. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 1819-08-15 ; 2009 | C138 | Constitution - Article 103 ; Organic Law on Education - Article 25 | [{"link_name":"-Constitution","source_link":"https://www.oas.org/dil/esp/constitucion_venezuela.pdf"},{"link_name":"-Organic Law on Education","source_link":"http://apps.ucab.edu.ve/nap/recursos/LeyOrganicadeEducacion.pdf"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Article 103 of the Constitution states that education is compulsory at all levels, from nursery school to secondary school. For its part, Article 25 of the Organic Law on Education state sthat "early childhood education comprises nursery and preschool stages aimed at educating children aged between 0 and 6. The primary education level comprises 6 years and leads to the award of a primary education certificate. The secondary education level comprises two options: general secondary education lasting 5 years, from first to fifth year, and technical secondary education lasting 6 years, from 1st to 6th year." Accordingly, compulsory schooling ends at around 17 to 18 years of age, upon completion of General or Technical Secondary Education. Thus, the age of completion of compulsory schooling is set above the minimum age for admission to work of 14 years. |
| Minimum age for admission to work | 2012-05-07 | C138 | Labour Code - Article 32 | [{"link_name":"Labour Code","source_link":"https://www.mpppst.gob.ve/mpppstweb/wp-content/uploads/2014/03/LEY_ORGANICA_DEL_TRABAJO_LOS_TRABAJADORES_Y_LAS_TRABAJADORAS.pdf"}] | 14 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 32 of the Code sets the minimum age for admission to work to 14 years. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2010-11-16 ; 2009-10-21 | C182 | Partial Reform of the Military Enlistment Law - Article 4 ; Conscription and Military Enlistment Act - Article 7 | [{"link_name":"-Partial Reform of the Military Enlistment Law","source_link":"https://tugacetaoficial.com/leyes/ley-de-reforma-parcial-de-la-ley-de-conscripcion-y-alistamiento-militar-gaceta-39553-2010-texto/"},{"link_name":"-Conscription and Military Enlistment Act","source_link":"https://www.civilisac.org/civilis/wp-content/uploads/ley-de-conscripcion-y-alistamiento-militar-1-1.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 4 of the Law provides that men and women over the age of 18 are subject to registration and eligible for military service, which implies that no one under that age may be forcibly recruited. Furthermore, Article 7 of the Conscription and Military Enlistment Act states that No person may be subjected to forced recruitment. |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2007-12-10 | C182 | Law for the Protection of Children and Adolescents - Article 264 | [{"link_name":"Law for the Protection of Children and Adolescents","source_link":"https://www.oas.org/juridico/PDFs/mesicic4_ven_ley_org_prot_ninos_adolc.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Article 264 of the Law prohibits the use of children for the committing of delinquency. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2012-01-31 | C182 | Law Against Organized Crime and Terrorism - Articles 41 and 48 | [{"link_name":"Law Against Organized Crime and Terrorism","source_link":"https://www.oas.org/juridico/pdfs/mesicic4_ven_ley_del_org_finan_terr.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Articles 41 and 48 prohibit, respectively, the using of children for prositution and for the production of pornographic content. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2007-12-10 | C182 | Law for the Protection of Children and Adolescents - Article 266 | [{"link_name":"Law for the Protection of Children and Adolescents","source_link":"https://www.oas.org/juridico/PDFs/mesicic4_ven_ley_org_prot_ninos_adolc.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Article 266 of the Law prohibits children trafficking. |
| Minimum age for admission to apprenticeship | 2012-05-07 | C138 | Labour Code - Article 302 | [{"link_name":"Labour Code","source_link":"https://www.mpppst.gob.ve/mpppstweb/wp-content/uploads/2014/03/LEY_ORGANICA_DEL_TRABAJO_LOS_TRABAJADORES_Y_LAS_TRABAJADORAS.pdf"}] | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | Article 302 defines an apprentice as a person aged above 14 years. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | There is no provision of the legal framework of Venezuela determining the types and conidtions under which light work may be carried out. |
| Minimum age for light work | 2012 | C138 | Labour Law | [{"link_name":"Labour Code","source_link":"https://www.mpppst.gob.ve/mpppstweb/wp-content/uploads/2014/03/LEY_ORGANICA_DEL_TRABAJO_LOS_TRABAJADORES_Y_LAS_TRABAJADORAS.pdf"}] | 14 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Minimum age for light work is set at 14 years. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 15-JUL-1987 | Source |
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 26-OCT-2005 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| In a Direct Request published in 2024, the CEACR noted the Government’s indication that the National Plan for the Comprehensive Protection of children and adolescents 2021–26, developed by the National Committee on the Rights of Children and Young Persons (IDENNA), aims to provide comprehensive protection for, and guarantee, the human rights of children and young persons who require special protection, including children in street situations. The Government indicates that the National Plan is articulated with the “Zero Vulnerability Plan”, the objective of which is the prevention, protection and care of children and young persons, and in particular those in situations of vulnerability. | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO::P13100_COMMENT_ID,P13100_LANG_CODE:4364320,en:NO"}] | 2021-2026 | National Plan for the Comprehensive Protection of children and adolescents | National Committee on the Rights of Children and Young Persons |
| The Decree approves the Plan which aims to develop a comprehensive policy that coordinates actions between State institutions, private companies, non-profit organisations, popular power, and national and international cooperation agencies and entities, for the purpose of preventing, addressing, suppressing, punishing, and mitigating the crime of human trafficking. | [{"link_name":"Presidential Decree No. 4.540 of 2021 approving the National Plan against Trafficking in Persons","source_link":"https://contralatrata.apramp.org/03-documentos/venezuela-plan-nacional-contra-la-trata-de-personas-2021-2025/"}] | 2021-2025 | Presidential Decree No. 4.540 of 2021 approving the National Plan against Trafficking in Persons | Ministry of the People's Power for Internal Relations, Justice and Peace |
| In a Direct Request published in 2021, the CEACR took note of the Government's nationwide household protection programme (“Gran Misión Hogares de la Patria”), launched in 2014, through which 6 million children benefit from basic food and direct income distributed to their families, with a view to strengthening the economic power of those families, thus preventing the engagement of children in work. The Government emphasizes that this programme strengthens public policies for the comprehensive protection of families against social inequalities, and reinforces support measures for children, particularly through education (support for school fees and the strengthening of the quality of education), care services (the establishment of comprehensive diagnostic healthcare centres, through the “Barrio Adentro” programme), food provision, and through cultural activities. | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4058883,102880"}] | Since 2014 | National household protection programme (“Gran Misión Hogares de la Patria”) | Governement of Venezuela |
| In an Observation published in 2021, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) noted that checks on the working conditions of self-employed workers have been incorporated by the People’s Ministry for the Social Process of Labour into the Comprehensive Programme for Agricultural Inspection. This Programme monitors the participation of children and young persons in the informal economy, including their working hours and the consequences of this type of work on their school attendance. | [{"link_name":"-Resolution DM/No.117/2007 of the Ministry of the People's power for agriculture and land","source_link":"https://faolex.fao.org/docs/pdf/ven74588.pdf"},{"link_name":"-CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4058879,102880"}] | No information | Comprehensive Programme for Agricultural Inspection | People’s Ministry for the Social Process of Labour |