Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Legislative reforms. Observations by employers’ organizations. The Committee notes the observations made by the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) relating to the impact of the Basic Act on labour and men and women workers (LOTTT), which entered into force in May 2012, on the termination of the employment relationship at the initiative of the employer. In the observations forwarded to the Government in September 2013, the IOE and FEDECAMARAS referred to long delays in the processing of justified dismissals, which have serious consequences on the operation and efficiency of enterprises. The two employers’ organizations state that the legal and practical restrictions on dismissal, including the justified dismissal of inefficient workers, have a negative impact on decent employment levels in the formal economy. In response to the observations made by the employers’ organizations, the Government indicates that the LOTTT guarantees absolute employment security for the working class. It further indicates that if an employer terminates the employment relationship without providing a valid reason, the worker may submit a claim to the labour inspectorate which may order that the worker be reinstated immediately. Once the labour inspectorate orders the reinstatement, the worker is free to choose between reinstatement or payment of adequate compensation. The Committee invites the Government to submit a report in which it provides illustrative examples of decisions taken by the labour inspectorate and the competent tribunals in relation to cases in which employment has been terminated by the employer. The Committee refers to its 2011 observation and requests the Government to provide information on the activities of appeal bodies in relation to appeals against justified dismissals, the outcome of such appeals and the average time taken to issue rulings on appeals against justified dismissals (Part V of the report form).

[The Government is asked to reply in detail to the present comments in 2015.]