Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Paid Educational Leave Convention, 1974 (No. 140) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

Other comments on C140

Observation

2022
2018
2001

Direct Request

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The Committee notes the observations made by 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 26 September 2018. The Committee requests the Government to provide its comments in this respect.

Articles 2 to 6 of the Convention. Development and application of a policy to promote the granting of paid educational leave. Participation of the social partners. In its previous comments, the Committee requested the Government to indicate cases in which the Basic Labour Act on men and women workers (LOTTT) provides for the granting of paid educational leave, within the meaning of the Convention. In its report, the Government refers to section 316 of the LOTTT, which provides that “men and women employers may grant leave to men and women workers who are engaged in studies”. The Government adds that, under the national legislation the employer is not under an obligation to grant paid educational leave. However, in accordance with the provisions of sections 298 and 300 of the LOTTT, employers are required to hire apprentices and admit interns when so requested by educational institutions. Likewise, the objectives set by the National Executive for the technical and educational training of men and women workers could require employers to provide the necessary space and personnel for the development of training plans for their men and women workers, without this involving the interruption of their productive work. In this regard, the Committee recalls “the essential requirement that educational or training activities should take place during working hours. The time devoted to these activities must be included in working hours if there is to be genuine educational leave […]” (see the 1991 General Survey on human resources development, paragraph 349). The Government indicates that paid educational leave is guaranteed when collective agreements are concluded, which sometimes include the right to such leave. In such cases, the worker and the employer decide how the educational leave will be taken in such a way that it has the least possible impact on working time, for which purpose it could be agreed to change the worker’s hours and the manner determined in which the worker must make up the hours to achieve the work goals. However, the Committee notes that UNETE, CTV, CGT and CODESA indicate that, as a result of the abolition of the different wage scales and the establishment of a single wage in September 2018, regardless of occupation, educational status or length of service, all collective agreements previously concluded were de facto abolished, thus eliminating the benefits and incentives set out in those agreements for accessing comprehensive, continuing and lifelong education, including paid educational leave. The trade unions observe that these actions have removed workers’ opportunities for development or advancement in the country. The Committee observes that the Government does not provide information in its report on the policies or measures adopted with a view to promoting the granting of paid educational leave for the specific purposes set out in Article 2. In that respect, the Committee recalls that the Convention requires the formulation and application of “a policy designed to promote, by methods appropriate to national conditions and practice and by stages as necessary, the granting of paid educational leave” (Article 2) with the participation of the social partners (Article 6). The Committee requests the Government to provide information on the formulation and application of policies and measures to promote the granting of paid educational leave for vocational development at any level, and for trade union education (Articles 2 and 5), and to provide the relevant texts. The Committee also requests the Government to indicate the manner in which paid educational leave is granted, and particularly: (a) the conditions that workers must fulfil to benefit from such leave; (b) the duration of the leave; and (c) the level of the financial benefits paid (Article 3). The Committee also requests the Government to provide updated statistics, disaggregated by sex, showing the number of workers granted paid educational leave (Part V of the report form).