Report in which the committee requests to be kept informed of development - Report No 330, March 2003

1. 1148. The complaint is contained in a communication from the Latin American Federation of Education and Culture Workers (FLATEC) dated April 2002.
2. 1149. The Government sent its reply in a communication dated 19 September 2002.
3. 1150. Venezuela has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98).

A. The complainant’s allegations

1. 1151. In a communication dated April 2002, the Latin American Federation of Education and Culture Workers (FLATEC) states that since October 2000 the Ministry of Education, in violation of legislation and customary practice, refused to continue with the check-off facility for the trade union dues of teachers affiliated to trade unions grouped under the Venezuelan Federation of Teachers (FVM) who had authorized, in writing, the use of the check-off facility. FLATEC states that the authorities have not replied appropriately to the various notes and communications sent by the FVM with regard to this and emphasizes that the FVM is undergoing great economic difficulties as a result of this behaviour, which is obstructing and changing its programme of action.

B. The Government’s reply

1. 1152. In its communication dated 19 September 2002, the Government states that the Bolivarian Republic of Venezuela is committed to achieving full effect for all human rights, especially those relating to labour and trade unions. It also states that the Constitution of the Bolivarian Republic of Venezuela expressly recognizes those fundamental rights and grants supraconstitutional ranking to international human rights treaties, among them the International Labour Organization Conventions. It also indicates that currently the State is going through an adaptation process for all its legislation and institutions in order to adapt them to the contents of the new Political Constitution and the international commitments of the Republic, in order to ensure the full enjoyment and exercise of human rights for all.
2. 1153. Specifically, with regard to the allegations in this complaint, the Government states that the Ministry of Education, Culture and Sport suspended the check-off facility for ordinary trade union dues of the teachers in its service in 2000. This decision was based on the fact that, at that time, there were serious complaints and many simultaneous indications of irregularities in the use of the check-off facility for ordinary and extraordinary trade union dues, which seriously violated the human rights of a large number of teachers in its service. These irregularities included, among others, use of the check-off facility for trade union dues of teachers who were not affiliated to any trade union organization, trade union dues deducted from teachers who had given up their membership to trade union organizations, trade union dues deducted from teachers who had not complied with the requirements laid down in law and in the statutes of the trade union organizations, and double or triple trade union dues deducted from teachers for first-level trade union organizations of the same employer.
3. 1154. The Government adds that the irregularities in the use of the check-off facility for trade union dues had been in existence for more than 20 years in the country and had been the subject of various and continuing complaints by workers and various trade union organizations, who had repeatedly asked the Government to resolve the situation in order to protect the right to a wage, protection of that wage and freedom of association, in accordance with the provisions of the Protection of Wages Convention, 1949 (No. 95), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), the Constitution and national legislation. This was also why article 95 of the Constitution of the Bolivarian Republic of Venezuela stated expressly that workers had the right “not to join” trade union organizations.
4. 1155. The Government states that the Ministry of Education, Culture and Sport, in order to ensure the human rights of the teachers in its service, in strict accordance with the mandate of the new Constitution and the international treaties on human rights, proceeded to adopt a series of measures aimed at correcting the irregularities in the use of the check-off facility for trade union dues. It was necessary to adopt immediate measures to safeguard the enjoyment and exercise of the various human rights that in practice were being infringed, i.e. the right of teachers to a wage, the protection of wages and freedom of association, which were affected by the wrongful use of the check-off facility for trade union dues. These measures necessarily involved the temporary suspension, for the time that was strictly necessary and as short as possible, of the use of the check-off facility for trade union dues, while the appropriate adjustments were being made. In order to manage this successfully and rapidly, the cooperation and support of the first, second and third-level trade union organizations of teachers in the service of the Ministry of Education, Culture and Sport was essential, as it was impossible to resolve the issue without reliable, first-hand and trustworthy information on trade union members and on the fulfilment of the prerequisites laid down in legislation and in the statutes to carry out deduction of trade union dues.
5. 1156. The Government states that, unfortunately, conditions were not favourable to direct, transparent and rapidly held dialogue between the Ministry of Education, Culture and Sport and the trade union organizations, aimed at resolving the irregularities in the use of the check-off facility for trade union dues. This period was marked by the holding of a trade union referendum and a series of democratic elections to elect the holders of positions for popular representation, the elections for re-recognition of trade union organizations, conspiracies against the national Government and the reprehensible coup on 11 April 2002, for which reports have been made with regard to the participation of high-level trade union officials of the executive committee of the Venezuelan Confederation of Workers, including an official of the Trade Union Leadership Committee (temporary), who was appointed Minister for Planning during the coup.
6. 1157. The Government adds that during this time the regularization of the use of the check-off facility for trade union dues was the subject of voluntary collective bargaining in the framework of a list of demands of a conciliatory nature, presented before the Inspectorate of National and Collective Labour Affairs for the Public Sector of the Ministry of Labour on 25 October 2000, by the teachers’ trade union organizations against the Ministry of Education, Culture and Sport. During the procedure of voluntary negotiations, the rhythm and speed of which was marked by the socio-political circumstances of the country and of the trade union organizations, conditions were gradually created to correct the irregularities in the use of the check-off facility for trade union dues, in order to ensure the right to a wage, the protection of wages and freedom of association for teachers. On 12 August 2002, an Agreement was signed between the Ministry of Education, Culture and Sport and the teachers’ trade unions, including the FVM, in which the conditions to re-establish the use of the check-off facility were agreed upon, and this stated: “Clause No. 67, use of the check-off facility for trade union dues. The deduction of trade union dues will be re-established once discussion and conclusion of the current list of demands has taken place, the re-establishment of the deduction of trade union dues will be made with the lists presented to the National Electoral Council, as registry of the electoral roll for the elections that were held on 13 November 2001, and recorded in the Directorate for Labour and Trade Union Relations and copied to the pay system of the payroll unit.”
7. 1158. According to the Government there has never existed, nor does there currently exist, the alleged contravention by the Ministry of Education, Culture and Sport of Article 3 of Convention No. 87 or Article 1 of Convention No. 98, made by FLATEC in its complaint.

C. The Committee’s conclusions

1. 1159. The Committee notes that the complainant organization states that the Ministry of Education decided to suspend, from October 2000, the deduction of the trade union dues of workers affiliated to the trade unions grouped under the Venezuelan Federation of Teachers (FVM), causing the latter serious economic hardship.
2. 1160. The Committee notes the Government’s statement with regard to the allegations that: (i) this decision was based on the fact that at the time there were serious complaints and many simultaneous indications of irregularities in the deduction of ordinary and extraordinary trade union dues which, according to the Government, seriously violated the human rights of a large number of teachers in its service. According to the Government, the irregularities included, among others, use of the check-off facility for trade union dues of teachers who were not affiliated to any trade union, trade union dues deducted from teachers who had given up their membership, trade union dues deducted from teachers who had not fulfilled the legal requirements of the trade union organizations, and double or triple trade union dues deducted from teachers for first-level trade union organizations of the same employer; (ii) the Ministry of Education, Culture and Sport proceeded to adopt a series of measures aimed at correcting the irregularities in the deduction of trade union dues that necessarily involved the temporary suspension, for the time that was strictly necessary and as short as possible, of the use of the check-off facility for trade union dues while the appropriate corrective measures were implemented; (iii) unfortunately, during the previous year there were no favourable conditions to allow direct, transparent and rapidly held dialogue between the Ministry of Education, Culture and Sport and the trade union organizations, aimed at resolving the irregularities in the deduction of trade union dues; (iv) the regularization process for the deduction of trade union dues was the subject of voluntary collective bargaining in the framework of a list of demands of a conciliatory nature, presented to the Inspectorate of National and Collective Labour Affairs for the Public Sector of the Ministry of Labour, on 25 October 2000, by the teachers’ trade union organizations against the Ministry of Education, Culture and Sport; and, on 12 August 2002, an Agreement was signed between the Ministry of Education, Culture and Sport and the teachers’ trade unions, including the FVM, in which the conditions to re-establish the deduction of trade union dues was agreed upon, and was expressly stated as follows: “Clause No. 67, deduction of trade union dues. The deduction of trade union dues will be re-established once discussion and conclusion of the current list of demands has been carried out, the re-establishment of the deduction of trade union dues will be made with the lists presented to the National Electoral Council, as registry of the electoral roll for the elections that were held on 13 November 2001, and recorded in the Directorate for Labour and Trade Union Relations and copied to the pay system of the payroll unit.”
3. 1161. In this respect, the Committee notes with concern that, although the Government states that there were “serious complaints” and indications of irregularities with regard to the deduction of trade union dues that involved the temporary suspension of their deduction, it provides no information on any independent investigation, for example, by the legal authorities. Nevertheless, the Committee emphasizes that the Government did not provide any evidence of complaints emanating from the FVM. Moreover, the Committee notes that the suspension of deductions has now been in place for more than two years. The Committee requests the Government that, in future, when allegations of irregularities in the deduction of trade union dues arise, the case is submitted to an impartial independent body for investigation of the matter and that deduction of trade union dues is only suspended for those workers who have lodged complaints.
4. 1162. The Committee recalls that on numerous occasions it has emphasized that “the withdrawal of the check-off facility, which could lead to financial difficulties for trade union organizations, is not conducive to the development of harmonious industrial relations and should therefore be avoided” [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 435]. Therefore, the Committee considers that the decision of the Ministry of Education to suspend the deduction of trade union dues for members of trade unions belonging to the FVM is a violation of the rights of the FVM that has seriously affected its financing. In these circumstances, the Committee notes that in August 2002, the parties to the conflict signed an Agreement before the administrative authorities in which it was stated that the deduction of trade union dues would be re-established once discussion of the list of demands had been completed. The Committee trusts that the deduction of the trade union dues in question will be re-established without delay. The Committee requests the Government to keep it informed of developments in the situation in this regard.