Seguimiento dado a las recomendaciones del Comité y del Consejo de Administración - Informe núm. 356, Marzo 2010

Effect given to the recommendations of the Committee and the Governing Body

1. 189. At its June 2009 meeting the Committee made the following recommendations on the matters which remained pending [see 354th Report, para. 201]:
   • The Committee notes the new information from the FMV [Venezuelan Medical Federation] and the comments of the Government. The Committee notes that the Government merely reiterates its earlier responses to the Committee, and invokes the incompatibility of the national rules governing the FMV and Conventions Nos 87 and 98. The Committee notes with regret that the Government has ignored its recommendations in which it specifically requested the amendment of the Practice of Medicine Act and the promotion of collective bargaining between the authorities in the health sector and the FMV. The Committee therefore reiterates its previous recommendations and requests the Government to supply information in this regard. The Committee also requests the Government to indicate why the National Electoral Council has not authorized the elections of the executive committee of the FMV and to provide the text of the decisions adopted in this regard. The Committee also requests the Government to respond to the allegation concerning the suspension of the trade union leave of FMV officials.
2. 190. The Committee recalls that it previously made the following recommendations [see 340th Report, para. 1441]:
   • (a) The Committee requests the Government to take measures without delay, after full, frank and free consultations with the social partners, to amend the Practice of Medicine Act and to eliminate the discrepancies with Conventions Nos 87 and 98, which have been recognized by the Government, and also to avoid gaps in professional relations and reminds the Government that ILO technical assistance is at its disposal.
   • (b) The Committee requests the Government in the meantime, until such time as it amends the Practice of Medicine Act, to promote collective bargaining between the FMV and the colleges of doctors with the employing bodies in the medical sector, including the MDSD, the IVSS and the IPASME.
3. 191. In its communications dated 9 June 2009, the Venezuelan Medical Federation (FMV) stated that following the presentation of three draft collective agreements in three health institutions in August 2008 (Ministry of People’s Power for Health, Venezuelan Social Security Institute and Social Welfare and Assistance Institute), the Ministry of Labour did not take the action provided for in the legislation, to the consequent detriment of the doctors. The FMV points out that the authorities have prevented it from engaging in collective bargaining for years, citing “overdue elections”, but at the same time the National Electoral Council (CNE) (a public body) has not authorized it to conduct its elections despite it having fulfilled the legal requirements.
4. 192. In its communication dated 20 October 2009, the Government states that the revision of the Practice of Medicine Act is before the National Assembly’s Social Development Commission, the provisions of this legislative text are anachronistic and outdated in relation to the social reality and the constitutional and legal standards in force. When information is available on any progress made, it will be sent in due course to the Committee on Freedom of Association.
5. 193. The Government states that the legislative agenda of the Social Development Commission this year includes a first discussion of the special Bill against malpractice. The Bill envisages regulation for irregular situations in medical practice, penalizing the whole of a team involved in such a situation on the grounds that responsibility should not lie with just one person but with all the players involved in cases involving irregularities or adverse outcomes. Moreover, the abovementioned Social Development Commission, through the Health Subcommission, will resume consideration of the Public Health System Act, already approved at first discussion, in November this year. One of its main proposals is to incorporate all centres providing health services into a single system, the Venezuelan Workers’ Confederation (CTV) having participated by making suggestions and its representatives taking part in discussions.
6. 194. As regards the promotion of collective bargaining with regard to the FMV and specifically with regard to it status, it should be noted that the federation is composed of associations of doctors of the country, which are in turn specifically made up of workers and employers. Section 410 of the Organic Labour Act states that trade unions may be for workers or employers, and section 118 of the regulations implementing the Organic Labour Act establishes the “purity principle” as follows: “Prohibition of mixed trade unions (purity principle). Section 118. Establishing a trade union which seeks to represent jointly the interests of workers and employers shall be prohibited ...”. Accordingly, the FMV is not composed of trade unions but of doctors’ associations and hence it does not have the status of federation as stipulated by law. The FMV cannot therefore qualify as a trade union since it is a professional association and as such it applied to the CNE for registration on 31 May 2005.
7. 195. As regards the alleged changes to its leadership and the CNE’s alleged refusal to authorize the FMV election process, the Government declares that on 3 September 2009 the FMV electoral commission deposited the draft for the elections to the federation’s electoral commission with the CNE, and requested authorization to convene the election, which was scheduled for 20 January 2010 (in this process the CNE supported the FMV). Previously, since 2003, the FMV made arrangements to hold elections but the CNE noted some omissions and called for a number of points to be rectified.
8. 196. The Government concludes, on the basis of all of the above, that there is no refusal, nor has there ever been, by the CNE or any Venezuelan state body to authorize the election process for the FMV executive committee or to discuss the collective labour agreement for this professional association. On the contrary, it is common knowledge that the public institutions demonstrate full and faithful compliance with regard to the legal system.
9. 197. The Committee notes this information and requests the Government to send the text of the revised Practice of Medicine Act as soon as it has been adopted and to take account of the Committee’s conclusions in the present case. The Committee also requests the Government to supply information on the outcome of the FMV elections convened for 20 January 2010 within the framework of the CNE. The Committee notes the FMV’s statement that for years it has met the legal requirements for holding such elections, that the Government maintains that there had been omissions and that the CNE called for rectifications to be made. The Committee observes, according to its understanding of the Government’s reply, that the FMV is an organization of doctors’ associations (and not a trade union federation) and as such it cannot engage in bargaining in accordance with the “purity principle” (as established by section 118 of the Organic Labour Act). This argument was previously examined by the Committee and the FMV indicated that the legislation in force gives it the right to engage in collective bargaining on behalf of its members.
10. 198. The Committee notes with regret that in this case, as in previous ones, the proceedings and appeals dealt with by the CNE and its decisions have resulted in the FMV elections being delayed for years. The Committee requests the Government once again to ensure that the CNE refrains from interfering in elections of organizations. The Committee reminds the Government that it previously asked it to promote collective bargaining between the FMV and doctors’ associations, on the one hand, and the medical sector employers, on the other, pending the amendment of the Practice of Medicine Act. The Committee again requests the Government to guarantee this collective bargaining and regrets that the Government has previously failed to do so.
11. 199. Finally, it is the Committee’s understanding (the Government has not sent any specific information in this respect) that the refusal to grant trade union leave to FMV officials is based on the same reasoning as the refusal to engage in collective bargaining. The Committee requests the Government to maintain the existing entitlement to trade union leave of FMV leaders.