Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Venezuela (Bolivarian Republic of)

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1967)
Labour Administration Convention, 1978 (No. 150) (Ratification: 1983)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour administration and labour inspection, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection) and 150 (labour administration) in a single comment.

The Committee notes the 2019 report and the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020).The Committee notes the observations made jointly by the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 15 September 2020, the observations of the CTASI received on 30 September 2020, and the observations of the Bolivarian Socialist Confederation of City, Country and Fishing Workers of Venezuela (CBST–CCP) received on 3 December 2020.

Labour inspection: Convention No. 81

Articles 3, 4 and 6 of the Convention. Structure of the labour inspectorate. In its previous comment, the Committee noted the Government’s indication that the Plan to update the system for the administration of labour justice in administrative proceedings (PASJTSA) had been approved for a period of 15 months with the objective of organizing inspection through the labour inspection services for collective rights, for penalties and for individual rights. The Committee notes the Government’s indication that the Plan ended in December 2016 and was not extended. The Committee requests the Government to provide updated information concerning the various labour inspection units, their composition and their functions.

Articles 6, 7(1) and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of personnel performing inspection duties. 1. Special commissioners. In its previous comment, the Committee noted the Government’s indication that the “special commissioners” appointed by the labour inspection services to cover vulnerable sectors in which distance precludes coverage by the inspection services, are not public officials and do not have security of employment, and are under the direct responsibility of the People’s Minister of the Social Process of Labour. The Committee notes the Government’s indication that in 2020, as they had demonstrated their aptitude for the performance of inspection duties and in view of their academic training, these public officials were appointed to posts included in the supervisory units of the People’s Ministry of the Social Process of Labour (MPPPST), and that their legal status, conditions of service, stability of employment and independence are assured without any discrimination, and that they are covered by the benefits set out in the collective labour agreement concluded between the MPPPST and the unions registered with the Office of the Deputy Minister for the Integrated Labour and Social Security Inspection System. While noting the information provided by the Government, the Committee requests it to indicate whether the special commissioners who have now been incorporated into the supervisory units benefit from the same status and remuneration as labour inspectors and the specific duties that they perform.

2. Remuneration of inspectors. The Committee notes the indication by the CTASI and the FAPUV that the salaries of inspectors are extremely low. The Committee requests the Government to provide its comments in this regard. The Committee also requests the Government to provide information on the salaries and benefits of inspectors in comparison with those of other public officials exercising similar functions in other Government services, such as tax inspectors and police officers.

Articles 20 and 21. Annual report. The Committee notes the statistical data provided by the Government in the reply to its previous request, for the period 2016-2019, covering most of the subjects required by Article 21 of the Convention. The Committee requests the Government to continue providing statistical data on all the subjects covered by Article 21(a) to (g) of the Convention and to ensure that annual reports are published on the work of the labour inspection services.

Labour administration: Convention No. 150

Article 3. Labour policy activities regulated through negotiations. The Committee notes the Government’s indication in its report, in reply to its previous request, that conciliatory labour round tables have been established in the State directorates, with the participation of workers and employers and their organizations, where they exist, with the objective of addressing and resolving disputes between the parties. The Committee requests the Government to specify those aspects of the national labour policy that are considered as matters to be regulated through direct negotiations between employers’ and workers’ organizations.

Articles 4 and 5. Organization and effective operation of the labour administration system. Appropriate arrangements to secure consultation, cooperation and negotiation with the social partners. The Committee notes the Government’s indication, in reply to its previous request, that the process of the creation of the MPPPTS, which involved the establishment of various subordinate Ministries, has led to an increase in activities related to consultation, cooperation and negotiation between the public authorities and the most representative organizations of employers and workers within the framework of the labour administration system. The Committee requests the Government to provide detailed information on consultation, cooperation and negotiation activities with the most representative organizations of employers and workers, with an indication of the type of activities, their content and frequency, and the employers’ and workers’ organizations that participated.