Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Employment Service Convention, 1948 (No. 88) - Venezuela (Bolivarian Republic of) (Ratification: 1964)

1. The Committee notes the Government's report for the period ending 1 June 1996. The Committee recalls that in its direct request of December 1995 it noted the observations made by the International Organization of Employers (IOE), which stated that the Government had not given effect to the recommendations of the Committee set up to examine the representation submitted by the IOE and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) under article 24 of the Constitution of the ILO. These observations were brought to the knowledge of the Government, whose comments in its report are confined to stating that within the framework of the structural modernization of the National Employment Service it is proposed to take the necessary action for the application of section 597 of the Organic Labour Act and to follow the guidelines set out in Articles 4, 5 and 10 of the Convention. The Government refers to a measure adopted in 1966, as well as a plan of 1992 for the establishment of a regional advisory committee in the State of Carabobo. The Government states that these initiatives did not in practice achieve the objectives for which they had been adopted and that currently relations with the representative organizations of employers and workers are maintained in an informal manner, as the principal support for the implementation of the employment promotion programme of the public employment agencies.

2. The Committee notes that, as set out in the May 1993 report of the Committee established by the Governing Body to examine the representation made by the IOE and FEDECAMARAS, the matters raised in relation to Articles 4, 5 and 10 are the following:

(i) the Government is requested to provide additional information on the measures for the application of section 597 of the Organic Labour Act respecting the establishment of advisory committees and cooperation with employers and workers. This information should indicate the number of advisory committees set up at the national and regional levels, the manner in which they are constituted and the procedures adopted for the appointment of employers' and workers' representatives. Furthermore, it was recommended that arrangements should be made through the advisory committees for the cooperation of employers and workers in the organization and operation of the employment service and in the development of employment service policy;

(ii) in order to avoid any ambiguity in the interpretation and application of section 604 of the Organic Labour Act, the Government was invited to amend its text in order to bring it fully into line with Articles 4 and 5, which provide for no distinction between employers' and workers' organizations in regard to their cooperation in the organization and operation of the employment service;

(iii) the Government was invited to provide information on the measures adopted, in collaboration with employers' and workers' organizations, in accordance with Article 10, to encourage the full use of the employment service by employers and workers on a voluntary basis.

3. The Governing Body requested the Committee of Experts to follow up these matters. The Committee is bound to note that the Government's report does not contain information indicating that any real progress has been made to resolve the matters raised previously. The Committee therefore urges the Government to adopt measures in the near future to give full effect to the provisions of Articles 4, 5 and 10, and hopes that it will provide a detailed report on the application of the Convention, including the information requested on the matters on which it has been commenting for many years.