Observación (CEACR) - Adopción: 2023, Publicación: 112ª reunión CIT (2024)

Convenio sobre el trabajo nocturno de los menores (industria), 1919 (núm. 6) - Venezuela (República Bolivariana de) (Ratificación : 1933)

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The Committee notes the joint observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the United Federation of Workers of Venezuela (CUTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), received on 30 August 2023. It requests the Government to provide its comments in this respect.

Articles 2 and 12 of the Convention. Prohibition of night work by young persons in industrial undertakings and legislation. The Committee previously noted that the Basic Labour Act of 2012 no longer contained a provision prohibiting night work by young persons, unlike the Basic Labour Act of 1997. It therefore requested the Government to take the necessary measures to bring the legislation into compliance with the Convention.

The Committee notes the joint observations of the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA, according to which the Government has not taken any measures to prohibit the night work of young persons under 18 years of age, despite the fact that minors are increasingly vulnerable and prone to working, at all hours of the day and night. The Committee notes the Government’s reiterated indication, in its report, that it is not necessary to amend the legislation since, under article 23 of the Constitution, international treaties have the force of law in the internal legal system of the country. The Government adds that, in practice: (1) no authorization has been granted by the Children’s and Young Persons’ Protection Councils to workers aged 14 years and above for the performance of night work; and (2) the labour inspectorate has not found any instance of young persons in night work. However, the Committee notes, from the joint observations of the UNETE, CTV, CTASI, CUTV, FAPUV, CGT and CODESA, that the night work of children is frequent, not inspected by any government agency, and does not appear in official statistics. The Committee once again recalls that Article 2(1) of the Convention prohibits the employment during the night of young persons under 18 years of age in any industrial undertaking other than an undertaking in which only members of the same family are employed, except in the cases provided for in Article 2(2). Therefore, the Committee notes with deep concern that the Government has not taken any measures to prohibit night work by young persons in industrial undertakings. In addition, it recalls that, under Article 12 of the Convention, each Member that ratifies the Convention agrees to take such action as may be necessary to make its provisions effective. Since child labour seems to have bypassed the formally established channels for its authorization, the Committee requests the Government to take the necessary measures to reduce child labour in the informal economy and to provide information on the causes and results. Further, the Committee once again urges the Government to take the necessary measures to bring the national legislation into compliance with the Convention without delay by reintroducing a provision prohibiting the night work of young persons under 18 years of age, in order to ensure the effective implementation of the provisions of the Convention. If such a provision were to include special grounds on which exceptions to the prohibition of night work by young persons may be granted, as previously provided for by section 257 of the Basic Labour Act of 1997, the Committee requests the Government to supply information on these special grounds and the conditions under which such permission may be given, indicating in particular the age of the young persons and the types of work they are authorized to perform.