Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Venezuela (Bolivarian Republic of) (Ratification: 1968)

The Committee notes that the Government forwarded a copy of the tripartite agreement concluded between the Ministry of Labour, the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) and the Workers' Confederation of Venezuela (CTV). The above agreement provides that until a draft text partially reforming the Organic Labour Act, measures must be taken in response to the suggestions made by the ILO supervisory bodies (as a result of the representation presented by FEDECAMARAS and the International Organization of Employers under article 24 of the ILO Constitution) which can be implemented by the labour administration, and that within a maximum of two months, a tripartite committee will be established to prepare the necessary instruments to bring the national law and practice into conformity with international standards.

The Committee recalls that its previous comments referred to: (1) strengthening the sanctions applicable in cases of anti-union discrimination and interference so that they are sufficiently effective and dissuasive (sections 637 and 639 of the Organic Labour Act which limits the fine to two minimum salaries), and (2) restrictions on collective bargaining under section 473, paragraph 2 of the Organic Labour Act, which provides that a trade union must represent an absolute majority of the workers of an enterprise to negotiate a collective agreement.

The Committee notes that the Government has not referred to the matter of sanctions applicable in the case of anti-union discrimination and interference. In this respect, the Committee again requests the Government to take the necessary measures to ensure that sanctions applicable in cases of anti-union discrimination and interference (sections 637 and 639 of the Organic Labour Act) are sufficiently dissuasive and effective. The Committee requests the Government to inform it in its next report on any measures adopted in this respect.

With regard the requirement that a trade union must in all cases represent the absolute majority of the workers of an enterprise to be able to negotiate a collective agreement (section 473(2), of the Organic Labour Act), the Committee notes with interest that the above tripartite agreement provides that this section must be amended so that, in cases where there is no trade union to represent the absolute majority of workers, minority organizations may jointly negotiate a collective agreement, or at least conclude a collective agreement on behalf of their members.

The Committee expresses the hope that the committee responsible for preparing reforms of the Organic Labour Act will be established within the time limit provided for in the agreement and that these texts which will bring the law into conformity with the Convention will cover all the provisions which have been the subject of its comments. The Committee requests the Government to provide it with further information in its next report.