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Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

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In an earlier direct request the Committee asked the Government to provide information on: (1) whether the Act of 2002 concerning the public service prohibits and penalizes acts of anti-union discrimination against workers in the public service who are not engaged in the administration of the State and acts of interference in organizations of public employees by the national, federated state or municipal public administration; and (2) the rules of procedure that govern collective bargaining in the public administration.

The Committee notes that, according to the Government, the Basic Labour Act applies as regards prohibiting and penalizing acts of anti-union discrimination against workers in the public service who are not engaged in the administration of the State and acts of interference in organizations of public employees by the national, federated state or municipal public administration. The Committee further notes that the Government refers to the draft reform of the Basic Labour Act concerning amendments pertaining to the amount of fines. The Committee examines this matter in the context of its observation on Venezuela’s application of Convention No. 98.

With regard to the rules of procedure for collective bargaining in the public administration, the Committee notes that, according to the Government, the negotiation of collective agreements in the public sector is governed by specific rules contained in sections 182-192 of the Basic Labour Act Regulations.

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