Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Other comments on C140

Observation

2022
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The Committee notes the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 1 September 2022. The Committee requests the Government to provide its comments in this respect.

Articles 2 to 6 of the Convention. Development and application of the policy to promote the granting of paid educational leave. Participation of the social partners. The Committee notes that the Government refers to articles 298 and 299 of the Basic Act concerning labour and men and women workers (LOTTT), which ascribes responsibility to the State for generating the opportunities for social, technical, scientific and humanistic training of workers, and for encouraging the development of their productive capacities to ensure their integration into the social process of work. In this connection, the Government reiterates that, as provided under section 316 of the LOTTT, “men and women employers may grant leave to men and women workers who are engaged in studies”. Equally, the Government reiterates that employers are obliged to hire apprentices where required to do so by the technical training programme regulations (section 304 of the LOTTT) and may be called on to provide the necessary space and personnel for the development of training plans for their workers, in addition to the programmes undertaken by the National Executive (section 311 of the LOTTT). The Committee also notes that the Government once again indicates that paid educational leave is guaranteed when collective agreements are promoted, which sometimes include the right to such leave. The Government also repeats that the worker and employer decide on how the educational leave will be taken, in such a way that it has the least possible impact on working time. The Government adds that, for this purpose, it could be agreed to change the worker’s hours and establish the manner in which the worker must make up the hours to achieve the work goals. In this regard, the Committee stresses that the obligation to make up hours of work is not compatible with the Convention and recalls once more “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 […]” (1991 General Survey on human resources development, paragraph 349). With regard to the implementation of policies to promote the granting of paid educational leave, the Government indicates in a general manner that measures have been adopted with a view to encouraging continuous and lifelong training for workers, through training centres and the implementation of trade union training programmes by the workers national federations. In this connection, the Government refers to the signing of agreements between higher education centres and non-governmental organizations working in the field of workers’ rights and in international trade unionism with a view to promoting trade union organizations. The Committee nevertheless observes that once again the Government does not indicate whether these activities are carried out within the framework of paid educational leave. The Committee also notes that the Government reports that between 2017 and 2022, a total of 28 collective agreements were signed in the public and private sectors, within the framework of which 167,256 women and 90,039 men have benefited contractually from paid educational leave. However, once again the Government provides no information on the conditions that must be met by the workers to be eligible for paid educational leave, nor on the duration of the leave, and the amounts of financial benefits paid. Finally, the Committee notes that the CBST-CCP indicates in its observations that, through its principal federations, it has succeeded in promoting the training and education of workers, including educational leave granted to workers by employers. As an example, the CBST-CCP refers to two collective agreements in the educational and petrol sectors that include clauses related to paid educational leave and the promotion of training for workers. The Committee urges the Government to provide detailed and updated information on the formulation and application, in collaboration with the social partners, of policies to promote the granting of paid educational leave for vocational training at whatever level, and also for general, social, civic and trade union education, in conformity with Article 2 of the Convention, and provide copies of the pertinent texts. Moreover, the Committee urges the Government to provide detailed and updated information on the manner in which paid educational leave is granted, and particularly: (a) the conditions that workers must fulfil to benefit from such leave; and (b) the duration of the leave; and (c) the level of the financial benefits paid. The Committee also requests the Government to provide updated statistics, disaggregated by sex, showing the number of workers granted paid educational leave.