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

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations of the International Organisation of Employers (IOE) and the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 31 August 2016 and 31 August 2017. The Committee also notes the observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 12 October 2016 and 18 September 2017. It also notes the Government’s replies to the social partners’ observations of 2016, received on 11 November 2016.

Article 1 of the Convention. Contribution of the employment service to the promotion of employment. Application of the Convention in practice. The Committee notes that the Government refers in its report to the creation of the Social Welfare Divisions (DPS), which coordinate with the Meeting Centres for Education and Work (CEET) to provide services in the fields of labour, education and social security. The DPS are entities attached to the People’s Ministry of Labour which provide comprehensive labour information and guidance services for persons with disabilities, migrant workers, non-dependent workers and applicants for the “involuntary loss of employment” benefit. The Government also supplies information on the activities carried out by the CEET between 2014 and 2016 in cooperation with various state bodies. In this respect, the Government indicates that between January and November 2014 the CEET provided assistance for 72,269 workers, of which 35,938 were registered; 30,811 were included in the training sphere and 1,874 were included in the spheres of labour and social production; and 3,646 applied for jobs. In 2015, the competencies and functions of the CEET were modified with the aim of developing “ongoing and comprehensive group self-training” for workers, and assistance was provided for 108,079 workers. In 2016, a total of 92,326 workers were registered who received guidance and training from the CEET, and 3,120 workers were organized into 266 teams of “promoters of ongoing and comprehensive group self-training”. In addition, a “pilot comprehensive support plan” for young persons and students was drawn up with the aim of promoting the active participation of young persons in the social process of labour. The Government adds that in 2015 and 2016, a total of 205,079 workers facing termination of employment were registered and given guidance for their integration into the social process of labour. The Committee notes that the IOE and FEDECAMARAS maintain in their observations that the CEET continue to be non-operational. The workers’ confederations (UNETE, CTV, CGT and CODESA) indicate that the Government has not implemented the system for the registration of employment requirements and vacancies established under the Act concerning the Major Knowledge and Labour Mission, so that in practice no register exists to enable forecasting and identification of the numbers and characteristics of unemployed workers. The Committee requests the Government to send detailed information, including statistics disaggregated by sex and age, on the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the CEET and the DPS. The Committee also requests the Government to provide up-to-date information on the impact of measures adopted to meet the needs of young persons regarding employment and vocational guidance, including those adopted as part of the pilot comprehensive support plan.

Articles 4 and 5. Cooperation of the social partners. The Government refers in its report to the system of organization of labour entities in the production chain. However, the Committee observes that the information supplied by the Government does not contain a reply to its previous comments. The Committee recalls that Article 5 of the Convention provides that the general policy of the employment service must be developed after consultation of representatives of employers and workers. The Committee notes that FEDECAMARAS and the IOE indicate that the Government is still failing to comply with the abovementioned Article of the Convention and maintain that FEDECAMARAS has not been consulted with regard to the formulation and implementation of the general employment service policy. The Committee requests the Government to send its comments in this regard. The Committee also requests the Government once again to provide specific examples of previous consultations held with the employers’ and workers’ organizations with a view to securing their cooperation in the organization and functioning of the public employment service.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) and of the International Organisation of Employers (IOE), which were received on 2 September 2015.

Article 1 of the Convention. Contribution of the employment service to employment promotion. Application of the Convention in practice. The Committee notes the Government’s indication in its report that it has been implementing a set of policies aimed at ensuring people’s integration in employment and education. Employment agencies have been replaced by “meeting centres for education and work” (CEETs), of which there are 31 across the country. The Committee notes that in 2013, a total of 39,351 jobseekers were registered at the CEETs, 5,752 job vacancies were notified and 2,720 persons were placed in employment. The Government also referred to the Act concerning the Knowledge and Labour Mission, promulgated in June 2012, whereby the “system for the registration of employment needs and vacancies” was established, with a view to forecasting and identifying the number and characteristics of unemployed citizens, and ensuring their readiness for training and integration in the promoted programmes. The Second Socialist Economic and Social Development Plan 2013–19, which was adopted in December 2013, contains the general objective of promoting a policy for the integration of young people into the national productive system, with special emphasis on young people from low-income sectors. FEDECAMARAS and the IOE indicate that the CEETs are not fully operational. The Committee requests the Government to provide detailed information on the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by the CEETs. Please also provide information on the impact of measures adopted by the CEETs to meet the needs of young persons with regard to employment and vocational guidance.

Articles 4 and 5. Cooperation of the social partners. In its previous comments, the Committee asked the Government to provide information on the establishment of advisory committees at the national, regional and local levels with a view to achieving the cooperation of representatives of the employers and workers in the organization and functioning of the employment service. The Committee notes the Government’s indication in its report that, through dialogue round tables with the employers’ sector, agreements had been reached for boosting productive employment, with the provision of financial and institutional support for projects to create enterprises for social, mixed and communal production. The Committee notes the indication by FEDECAMARAS and the IOE that the Government is failing to comply with Article 5 of the Convention, according to which the general policy of the employment service must be developed after consultation of representatives of employers and workers; in this case, no consultations have been held with FEDECAMARAS regarding the formulation and implementation of this policy. The Committee requests the Government to provide its comments on this matter. The Committee also requests the Government to provide specific examples of previous consultations held with the social partners with a view to securing their cooperation in the organization and functioning of the public employment service.

[The Government is asked to reply in detail to the present comments in 2017.]

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Contribution of the public employment service to the promotion of employment. The Committee notes the information provided by the Government in August 2008 and September 2009 concerning the operation of the National Employment Service. The Government has indicated that the 32 offices which comprise the National Employment Service registered 92,503 persons in 2007 and 75,031 in 2008. As part of the National Mass Employment Plan, a technological platform has been established to facilitate users’ access to the national employment system. The Committee requests the Government to continue providing information such as that requested in Part IV of the report form to show the manner in which the public employment service contributes to the best possible organization of the labour market and satisfies the new requirements of the economy and the active population.

Articles 4 and 5 of the Convention. Cooperation with the social partners. With reference to the comments which the Committee has been making for many years, the Government indicates that agreements have been reached between the Government and the employers’ sector with the aim, for example, of joining forces to generate jobs, revive businesses and establish social production companies and joint ventures. The Committee notes that the Government considers that progress is being made through these agreements towards the establishment of advisory committees at the national, regional and local levels, as set out in Articles 4 and 5. The Committee once again recalls the recommendations made by a tripartite committee in 1993 and requests the Government to indicate in its next report the number of advisory committees established at the national and regional levels and the procedure which has been adopted for the appointment of the representatives of employers and workers. The Committee requests the Government to provide information on the manner in which the collaboration of employers and workers has been secured in the organization and operation of the employment service, as well as in the development of the policy of that service. The Committee recalls that no distinction whatsoever should be made between employers’ and workers’ organizations with regard to their collaboration in the organization and operation of the employment service.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Contribution of the public employment service to the promotion of employment. The Committee notes the detailed information on the functioning of the National Employment Service provided by the Government in August 2007 in reply to its observation of 2005. The Committee notes that the 31 offices which comprise the National Employment Service registered 130,721 jobseekers in 2006 and received 16,933 offers of posts, in which 12,960 workers were placed. Some 70,153 persons made use of the Social and Vocational Guidance Service. Referring to its comments on the application of the Employment Policy Convention, 1964 (No. 122), the Committee hopes that the Government will continue to supply the practical information requested in Part IV of the report form.

2. Cooperation with the social partners. Follow-up to a representation. With reference to the comments which the Committee has been making for many years, the Government indicates that advisory committees at national, regional and local levels within the National Employment Service, as provided for by Articles 4 and 5 of the Convention, have still not been set up. The Government indicates that social dialogue with the employers and workers has been promoted with the aim of joining forces in the building of the new production system. The Committee emphasizes the recommendations made by a tripartite committee in 1993, containing a request for information on the possible amendment of section 604 of the Organic Labour Act to ensure its full conformity with Articles 4 and 5 of the Convention, which do not make any distinction between employers’ and workers’ organizations as regards the operation of the employment service. The Committee requests the Government to ensure that the information in its next report allows an assessment of the manner in which social dialogue helps to give full effect to all the provisions of the Convention and enables the Government to comply with the recommendations of the tripartite committee which were approved by the ILO Governing Body in May 1993.

[The Government is asked to reply in detail to the present comments in 2008.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Contribution of the public employment service to the promotion of employment. The Committee notes the information provided by the Government in September 2004 in relation to its observation of 2001. The Government reports on the progress achieved by the employment services provided through the network of 29 employment offices which benefit from automated technical support. With a view to achieving the best possible organization of the employment market, efforts are being made to include an employment benefits scheme to insure against the contingency of involuntary loss of employment and unemployment in the context of a new Organic Social Security Act, which would be under the responsibility of the National Employment Institute of the Social Security System. Taking into account the labour market situation which continues to be monitored in its comments on the application of the Employment Policy Convention, 1964 (No. 122), the Committee requests the Government to indicate in its next report the coordination that has been established between the network of agencies of the national employment service and the National Employment Institute to provide assistance to the unemployed. The Committee reiterates its interest in receiving updated statistical data, in published annual or periodical reports, concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices (Part IV of the report form).

2. Cooperation of the social partners. Follow-up of a representation. In its previous comments, the Committee requested information on the number of advisory committees established at the national and regional levels, the manner in which they have been constituted and the procedure adopted for the appointment of employers’ and workers’ representatives. With reference to the recommendations made by a tripartite committee in 1993, information was requested on any amendment to section 604 of the Organic Labour Act to ensure its full conformity with Articles 4 and 5 of the Convention, which do not establish any distinction between employers’ and workers’ organizations with regard to the operation of the employment service. In its last report, the Government states that advisory committees have not been constituted formally at the national, regional and local levels. The Government adds that it has encouraged the necessary mechanisms with a view to achieving the cooperation of the labour and employers’ sectors in order to promote and consolidate the various programmes and services which are provided to the user population through the network of public agencies which constitute the National Employment Service. Finally, the Government indicates that, in the context of a legislative reform that is currently under way, the national provisions will be brought into harmony with the requirements of the Convention. The Committee refers to the comments that it has been making for many years and hopes that the Government will indicate in the near future the measures adopted to comply with the recommendations of the tripartite committee which were approved by the ILO Governing Body in May 1993.

[The Government is asked to reply in detail to the present comments in 2007.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. The Committee notes the detailed report provided by the Government in reply to its 1998 observation. The Government refers to various legislative initiatives intended to create a national employment council and state and municipal employment councils, as well as the establishment of ten employment agencies. It also refers to a pilot programme of employment reference and support centres, which made it possible to modernize five employment agencies with the technical and financial assistance of the Inter-American Development Bank. In 1999, a new directorate of vocational and occupational training came into operation, which is responsible for employment agencies. The Government states that it envisages the expansion, consolidation and strengthening of the employment service as a labour network, which would include the public employment agencies of the Ministry of Labour, private non-profit-making agencies, employers’, labour and educational organizations, government and municipal bodies, with a view to developing a coordinated network of vocational guidance, information, mediation and training services. Taking into account the situation of the labour market which it has examined in its comments on the application of the Employment Policy Convention, 1964 (No. 122), the Committee requests the Government to describe in its next report the manner in which the reforms of the employment service have contributed to ensuring its essential function, which is "to ensure the best possible organisation of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources" (Article 1 of the Convention). In this respect, the Committee would be grateful if the Government would furnish any statistical information available in published annual or periodical reports concerning the number of public employment offices established, the number of applications for employment received, the number of vacancies notified and the number of persons placed in employment by such offices (Part IV of the report form).

2. Articles 4, 5 and 10. In its previous comments, the Committee requested information on the number of advisory committees established at the national and regional levels, how they are constituted and what procedure has been adopted for appointing employers’ and workers’ representatives. With reference to the recommendations made by a tripartite committee in 1993, information was requested concerning the amendment of section 604 of the Organic Labour Act to ensure its full conformity with Articles 4 and 5 of the Convention, which do not distinguish between employers’ and workers’ organizations with regard to the operation of the employment service. The Committee notes that measures have been taken to promote the voluntary use of the employment service, although information has not been provided on any consultation to this effect with employers’ and workers’ organizations. In view of the above, the Committee urges the Government to indicate in its next report the efforts made to give effect to the recommendations of the above tripartite committee and to implement in full the above provisions of the Convention.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

1.  The Committee notes the Government’s report for the period ending 31 May 1998. The report contains information on the points raised in the recommendations of the Committee set up by the Governing Body to examine the representation made by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) under article 24 of the ILO Constitution (document GB.256/15/16 of May 1993). The Government refers to the first national tripartite agreement reached on 17 March 1997 which states the need to strengthen the Employment Service of the Ministry of Labour with a view to improving its potential as an instrument of employment policy. The agreed employment plan, which was signed on 16 December 1997, establishes the need to strengthen labour mediation, reorient vocational training policy, promote the employment of disabled people and develop a pilot programme of employment reference and support centres. The Committee notes this information and also notes that these basic elements should make it possible to give effect to the provisions of the Convention. The Committee therefore requests the Government to keep it informed of any progress made to ensure that the essential functions of the employment service are maintained, in accordance of Article 1 of the Convention.

2.  The Committee again refers to the following points that were raised in the recommendations of the tripartite Committee:

(i)  The Government indicates that, with regard to section 597 of the Organic Labour Act, it does not consider it appropriate at the moment to set up local advisory committees owing to the restructuring of the National Employment Service. However, the National Employment Council has been set up and will serve as a basis for the establishment of local committees in the future. The Committee trusts that the Government will continue to provide information on the measures taken by the National Employment Council with regard to the employment service. It also requests the Government to indicate the number of advisory committees established at the national and regional levels, how they are constituted, and what procedure has been adopted for appointing employers’ and workers’ representatives. To allow an assessment of the effect given to Articles 4 and 5 of the Convention, the Government is requested to provide information on the arrangements made through these advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service, and in the development of the general policy of the employment service.

(ii)  The Committee recalls that the tripartite Committee invited the Government to furnish information on the measures taken, in collaboration with employers’ and workers’ organizations, in accordance with Article 10 of the Convention, to encourage full use of employment service facilities by employers and workers on a voluntary basis. The Committee notes that, within the framework of the plan to establish four employment reference and support centres, a programme of meetings and exchanges with the most representative sectors of the workers and employers has been commenced. The Committee asks the Government to continue to provide information on the results achieved by the afore-mentioned plan.

3.  The Committee recalls that the recommendations of the tripartite Committee included an invitation to the Government to amend the text of section 604 of the Organic Labour Act in order to avoid any ambiguity in its interpretation and application and bring it fully into line with Articles 4 and 5 of the Convention, which provide for no distinction between employers’ and workers’ organizations with regard to their cooperation in the organization and operation of the employment service. The Committee would be grateful if the Government would indicate its position in this regard.

4.  The Committee urges the Government to continue to adopt measures to give full effect to the provisions of Articles 4, 5 and 10, and also hopes that the Government will provide a detailed report on the application of the Convention including statistical information, annual or periodic reports, and information on the number of public employment offices, applications for employment received, offers of employment notified and job placements made by the offices, as requested in Part IV of the report form.

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

1. The Committee notes the Government's report for the period ending 31 May 1998. The report contains information on the points raised in the recommendations of the Committee set up by the Governing Body to examine the representation made by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) under article 24 of the ILO Constitution (document GB.256/15/16 of May 1993). The Government refers to the first national tripartite agreement reached on 17 March 1997 which states the need to strengthen the Employment Service of the Ministry of Labour with a view to improving its potential as an instrument of employment policy. The agreed employment plan, which was signed on 16 December 1997, establishes the need to strengthen labour mediation, reorient vocational training policy, promote the employment of disabled people and develop a pilot programme of employment reference and support centres. The Committee notes this information and also notes that these basic elements should make it possible to give effect to the provisions of the Convention. The Committee therefore requests the Government to keep it informed of any progress made to ensure that the essential functions of the employment service are maintained, in accordance of Article 1 of the Convention.

2. The Committee again refers to the following points that were raised in the recommendations of the tripartite Committee:

(i) The Government indicates that, with regard to section 597 of the Organic Labour Act, it does not consider it appropriate at the moment to set up local advisory committees owing to the restructuring of the National Employment Service. However, the National Employment Council has been set up and will serve as a basis for the establishment of local committees in the future. The Committee trusts that the Government will continue to provide information on the measures taken by the National Employment Council with regard to the employment service. It also requests the Government to indicate the number of advisory committees established at the national and regional levels, how they are constituted, and what procedure has been adopted for appointing employers' and workers' representatives. To allow an assessment of the effect given to Articles 4 and 5 of the Convention, the Government is requested to provide information on the arrangements made through these advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service, and in the development of the general policy of the employment service.

(ii) The Committee recalls that the tripartite Committee invited the Government to furnish information on the measures taken, in collaboration with employers' and workers' organizations, in accordance with Article 10 of the Convention, to encourage full use of employment service facilities by employers and workers on a voluntary basis. The Committee notes that, within the framework of the plan to establish four employment reference and support centres, a programme of meetings and exchanges with the most representative sectors of the workers and employers has been commenced. The Committee asks the Government to continue to provide information on the results achieved by the afore-mentioned plan.

3. The Committee recalls that the recommendations of the tripartite Committee included an invitation to the Government to amend the text of section 604 of the Organic Labour Act in order to avoid any ambiguity in its interpretation and application and bring it fully into line with Articles 4 and 5 of the Convention, which provide for no distinction between employers' and workers' organizations with regard to their cooperation in the organization and operation of the employment service. The Committee would be grateful if the Government would indicate its position in this regard.

4. The Committee urges the Government to continue to adopt measures to give full effect to the provisions of Articles 4, 5 and 10, and also hopes that the Government will provide a detailed report on the application of the Convention including statistical information, annual or periodic reports, and information on the number of public employment offices, applications for employment received, offers of employment notified and job placements made by the offices, as requested in Part IV of the report form.

[The Government is asked to report in detail in 2000.]

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

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.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes the observations made in September 1995 by the International Organization of Employers (IOE), according to which no follow-up has been given by the Government to the recommendations of the ILO Committee set up under article 24 of the ILO Constitution to examine the representation made in 1991 by the above-mentioned organization and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS). It also notes that these observations were sent to the Government for such comments as might be judged appropriate. The Committee therefore asks the Government to refer to these observations and to supply any comments it considers appropriate in its next report.

2. The Committee therefore reiterates its previous direct request, which read as follows:

With reference to its earlier comments and to the report of the Committee set up by the ILO Governing Body to examine the representation made in July 1991 by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) under article 24 of the ILO Constitution, the Committee notes the information supplied by the Government in its report on the application of the Convention.

Articles 4, 5 and 10 of the Convention. 1. The Government indicates in its report that measures to apply the provisions of section 597 of the Organic Labour Act have not yet been implemented because of the forthcoming reorganization of the Ministry of Labour. The Committee recalls that in the recommendations of the above-mentioned ILO Committee, the Government was asked to provide additional information on the measures for the application of the above-mentioned provisions of the Organic Labour Act (section 597) concerning the establishment of advisory committees and cooperation of employers and workers, and, in particular, to indicate the number of advisory committees set up at the national and regional levels, the manner in which they are constituted and what procedure had been adopted for the appointment of employers' and workers' representatives. Further, the Governing Body Committee recommended that the Government should also indicate the arrangements made through the said 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. The Committee hopes that the Government will communicate this information in its next report under article 22 of the Constitution in order to enable the Committee to pursue its examination of the matter.

2. The Committee recalls that the Government was also invited by the above-mentioned Governing Body Committee to amend the text of section 604 of the Organic Labour Act in order to avoid any ambiguity in its interpretation and application and to bring it fully into line with Articles 4 and 5 of the Convention which does not distinguish between employers' and workers' organizations regarding their cooperation in the organization and operation of the employment service and in the application of the employment service policy. The above-mentioned Governing Body Committee also asked the Government to furnish information on the measure taken in collaboration with employers' and workers' organizations to encourage full use of employment service facilities by employers and workers on a voluntary basis, in accordance with Article 10. The Committee observes that the Government's report contains no information on these points. It can but reiterate its hope that the Government will not fail to provide the information requested, including that on measures taken to amend the text of section 604, in its next report.

[The Government is asked to report in detail in 1996.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its earlier coments and to the report of the ILO Committee set up to examine the representation made in July 1991 by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) under article 24 of the ILO Constitution, this Committee notes the information supplied by the Government in its report on the application of the Convention.

Articles 4, 5 and 10 of the Convention. 1. The Government indicates in its report that measures to apply the provisions of section 597 of the Organic Labour Act have not yet been implemented because of the forthcoming reorganization of the Ministry of Labour. This Committee recalls that in the recommendations of the above-mentioned ILO Committee, the Government was asked to provide additional information on the measures for the application of the above-mentioned provisions of the Organic Labour Act (section 597) concerning the establishment of advisory committees and cooperation of employers and workers, and, in particular, to indicate the number of advisory committees set up at the national and regional levels, the manner in which they are constituted and what procedure had been adopted for the appointment of employers' and workers' representatives. Further the ILO Committee recommended that the Government should also indicate the arrangements made through the said 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. This Committee hopes that the Government will communicate this information in its next report under article 22 of the Constitution in order to enable the Committee to pursue its examination of the matter.

2. This Committee recalls that the Government was also invited by the above-mentioned ILO Committee to amend the text of section 604 of the Organic Labour Act in order to avoid any ambiguity in its interpretation and application and to bring it fully into line with Articles 4 and 5 of the Convention which does not distinguish between employers' and workers' organizations regarding their cooperation in the organization and operation of the employment service and in the application of the employment service policy. The above-mentioned ILO Committee also asked the Government to furnish information on the measures taken in collaboration with employers' and workers' organizations to encourage full use of employment service facilities by employers and workers on a voluntary basis, in accordance with Article 10. This Committee observes that the Government's report contains no information on these points. It can but reiterate its hope that the Government will not fail to provide the information requested, including that on measures taken to amend the text of section 604, in its next report.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the report of the Committee set up by the Governing Body (ILO Committee) to examine the representation made in July 1991 by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) under Article 24 of the ILO Constitution, alleging non-observance by Venezuela of a number of ratified Conventions, including Convention No. 88. It also notes the Government's reports on the application of the Convention received in 1992 and 1993. This Committee observes that the latest Government report received in August 1993 does not contain information requested by the ILO Committee established to examine the previously mentioned representation. It therefore urges the Government to supply, in its next report, the information requested on the following points:

Articles 4, 5 and 10 of the Convention. This Committee notes the allegations of the complainant organizations according to which section 597 of the Organic Labour Act of 1990 is not in conformity with Articles 4 and 10 of the Convention as it does not guarantee the institutionalization on a permanent basis of cooperation between representatives of employers and workers in the organization and operation of the employment service, instead the arrangements for such cooperation are optional. The complainant organizations also added that the provision contained in section 604, which refers to the "competent trade union organizations", may be used to exclude employers' organizations, since the last paragraph of section 602 draws a distinction between employers' and workers' organizations.

The Government indicated in its reply to the above allegations that a draft regulation to implement the Act was under preparation in the Ministry of Labour and that various measures had been made by the Ministry with a view to setting up the National Employment Council which is empowered to create such advisory committees as are necessary for carrying out its functions. The Government also indicated in its report under Article 22 received in 1993 that there is already one national and several regional advisory committees established in the country and that the regional committees participate, inter alia, in the elaboration of programmes and plans in the field of employment at the regional level.

The above-mentioned ILO Committee observed that there appears to be substantial conformity with Article 4 of the Convention. It also stated that in the absence of indications concerning the provisions of the legislation and administrative regulations under which this Article is applied, more information is required to assess the manner in which the advisory committees are constituted and consulted in applying employment service policy. As regards allegations concerning section 604 of the Act, the Committee considered it desirable to avoid the ambiguity in the interpretation and application of this section, in order to comply with the provisions of Articles 4 and 5 of the Convention which provide for no distinction between employers' and workers' organizations in regard to their cooperation in the organization and operation of the employment service and in the application of the employment service policy. Concerning the promotional measures to be taken by the employment service under Article 10, the Committee stated that it did not have sufficient information to be able to make a more detailed evaluation of the conformity with this Article.

In its recommendations the above-mentioned ILO Committee asked the Government to provide additional information on the measures for the application of the provisions of the Organic Labour Act (section 597) concerning the establishment of advisory committees and cooperation of employers and workers. This information should indicate, in particular, the number of advisory committees set up at the national and regional levels, the manner in which they are constituted and what procedure has been adopted for the appointment of employers' and workers' representatives. The Government should indicate the arrangements made through the said advisory committees for the cooperation of employers and workers in the organization and operation of the employment service and in the application of employment service policy. The Government was asked to communicate this information in its next report under article 22 of the Constitution in order to enable the Committee of Experts to pursue its examination of the matter. The Government was also invited to amend the text of section 604 of the Organic Labour Act in order to avoid any ambiguity in its interpretation and application and to bring it fully into line with Articles 4 and 5 of the Convention. The Government was also asked to furnish information on the measures taken in collaboration with employers' and workers' organizations to encourage full use of employment service facilities by employers and workers on a voluntary basis, in accordance with Article 10.

The Committee trusts that the Government will not fail to provide the information requested, including information on measures taken to amend the text of section 604, in its next report.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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

1. Articles 4 and 5 of the Convention. With reference to the comments that it has been making for some years, the Committee notes that the General Sectoral Directorate of Economy and Employment has continued to endeavour to regularise and consolidate relations with employers' and workers' representatives. The Committee points out that the arrangements under these provisions of the Convention must be made through advisory committees. The Committee therefore hopes that, in its next report, the Government will supply the information called for in the report form for the Convention in this connection.

2. With regard to the application of Articles 6(e) and (7)(b), the Committee notes the information supplied by the Government in its report and refers to the comments that it has made on the application of the Employment Policy Convention, 1965 (No. 122), and the Human Resources Development Convention, 1975 (No. 142), regarding special employment programmes and measures to meet the occupational needs of specific categories of workers. [The Government is asked to report in detail for the period ending 30 June 1991.]