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

Termination of Employment Convention, 1982 (No. 158) - Venezuela (Bolivarian Republic of) (Ratification: 1985)

I. The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the Government's first report. It notes that the provisions of the Labour Act and the Act respecting unjustified dismissals, together with their respective Regulations, apply most of the provisions of the Convention. The Committee requests the Government to supply detailed information in its next report on the following points.

1. Article 7 of the Convention. The Committee takes note of the provisions obliging the employer to inform the tripartite commission of the grounds justifying the measures taken to terminate the employment relationship. But the Committee would like to know how the worker is given an opportunity to defend himself against the allegations made before the employment relationship is terminated.

2. Article 13(1). The Government states in its report that the tripartite commissions which examine procedures for reducing the number of personnel include a workers' representative. The Committee requests the Government to indicate the information that the employer is obliged to supply to the workers' representative and how long before the contemplated terminations this information is to be supplied (subparagraph (a)). Please also specify how an opportunity is given to the workers' representative for consultation, how long before the contemplated terminations such opportunity is given, and the object of such consultation (subparagraph (b)).

3. Article 14, paragraph 3. Please indicate how the minimum period of time referred to in this provision is established in national laws or regulations.

4. The Committee requests the Government to supply copies of the main decisions of the courts as to valid reasons justifying the termination of the employment relationship (Article 4). Please also indicate any practical difficulties encountered in the implementation of the Convention and supply examples of collective agreements and typical decisions relating to them (point V of the report form).

II. The Committee notes Decree No. 449 of 2 September 1989 to set up a scheme to cover unemployment benefits. This Decree was in force from 10 September until 30 November 1989. The Committee requests the Government to indicate in its next report any new legislative measures that have been adopted with a view to applying the Convention.