Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

The Committee notes with interest the Government's report according to which the Committee's comments will be brought to the attention of the Congress, which is debating draft labour legislation. The Committee therefore hopes that the new legislation will give effect to the following provisions of the Convention:

1. The Committee notes that section 179 of the Labour Act provides that an alien who has resided in the country for more than ten years may, subject to the approval of the ministry concerned, be permitted to become a member of the management committee of a trade union. The Committee requests the Government to indicate the measures that have been adopted to give effect to Article 10 of the Convention which provides for equality of opportunity and treatment in respect of trade union rights, thereby permitting migrant workers to hold trade union office after a reasonable period of residence in the country and without the prior authorisation of the ministry concerned.

2. The Committee notes that section 18 of the Labour Act provides that not less than 75 per cent of the employees in any undertaking shall be Venezuelans, except where, in the opinion of the competent labour inspector, a temporary reduction of the above percentage is necessary for technical reasons, and that sections 23 to 27 of the Labour Regulations, 1973, contain provisions for implementing this section.

The Committee requests the Government to indicate the measures that have been taken to give effect to Article 10 of the Convention which provides for equality of opportunity and treatment in respect of access to employment.

3. The Committee notes that, under section 3 of the Aliens Act, 1937, aliens may not be engaged in public offices, with limited exceptions authorised by the Federal Executive. In addition, under section 18 of the Labour Code, aliens cannot occupy the posts of foremen and salary earners directly placed over the workers in general, except in the case of specially skilled workers, and, under section 25 of the Labour Regulations, industrial relations officers, personnel officers, masters of ships and captains of aircraft, foremen or any persons exercising similar functions shall in every case be Venezuelans. Since, under Article 14(c) of the Convention, access may only be restricted to limited categories of employment or functions where this is necessary in the interests of the State, the Committee requests the Government to supply information on the measures that have been taken to secure the implementation of Articles 10 and 14(c) of the Convention in this respect. It also once again requests the Government to specify the categories of employment that are restricted for migrant workers under Article 14(c) of the Convention (see paragraph 359 of the 1980 General Survey on Migrant Workers).

Point V of the report form. The Government is asked once again to supply information on the number and composition of foreign nationals employed in Venezuela and the number of Venezuelan nationals employed abroad, in addition to the other information on the practical application of the Convention called for in point V of the report form.

The Committee takes due note of the information supplied by the Government on the application of the other provisions of the Convention referred to in its previous direct request.