Demande directe (CEACR) - adoptée 1995, publiée 83ème session CIT (1996)

The Committee notes the information provided by the Government in reply to its previous comments.

Article 2, paragraphs 4 to 6. In its previous comments the Committee noted that certain categories of employed persons have been excluded from the scope of the Organic Labour Act of 1990. Apart from members of the armed forces, police forces and others responsible for the defence and security of the nation (section 7) and public service employees (section 8), section 112 of the Act excludes managerial employees and domestic employees from the application of provisions prohibiting dismissal without just cause. As regards consultations with organizations of employers and workers concerning the above-mentioned exclusions, the Committee notes that a draft report under the present Convention was submitted to these organizations for consultation under the provisions of Convention No. 144. The Committee would be grateful if the Government would indicate more precisely whether the question concerning the exclusion of the above-mentioned categories from the application of the Convention was specifically dealt with in the course of these consultations (paragraphs 4 and 5). Please supply information on the special arrangements which provide to excluded categories (such as public service employees who are subject to the corresponding administrative career regulations in accordance with section 8 of the Act) protection equivalent to that afforded under the Convention (paragraph 4). Please also indicate the position of law and practice regarding the excluded categories (paragraph 6).

Article 7. In its previous comments the Committee took note of the provision of section 116 of the Organic Labour Act obliging the employer to inform the district labour-stability judge about the dismissal within five working days, setting out the reasons justifying his action. According to the same section, the employer "shall not proceed with it if obliged to admit that the dismissal is without just cause" and "if the employee does not agree with the allegations leading to his dismissal, he may appeal to the judge for ... reinstatement". The Government indicates in its report that the point of time at which the employment relationship is considered to be terminated under the provision of the above-mentioned section is that of the workers' dismissal. The Committee recalls in this connection that, according to this Article of the Convention, the worker shall be provided an opportunity to defend himself against the allegations made before the employment relationship is terminated. It appears that the procedure set out in section 116 of the Organic Labour Act is not in conformity with this Article of the Convention. It accordingly asks the Government to indicate, in its next report, how effect is given to this Article and if not what measures it proposes to take in that respect.

Article 13, paragraph 1(a) and (b). 1. In its previous comments the Committee noted the report of the committee set up to examine the representation made in July 1991 by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) under article 24 of the ILO Constitution, alleging non-observance by Venezuela of a certain number of ratified Conventions, including Convention No. 158. The committee set up to examine the representation observed, in particular, that the provision of section 34 of the Organic Labour Act which empowers the Ministry of Labour to suspend a mass dismissal "where social reasons so require", leaving the employer to appeal against this suspension to the conciliation and arbitration procedure, does not seem to be sufficient to comply with the requirements of Article 13 of the Convention, since what is requested by Article 13 is prior information and consultation of workers' representatives before terminations for reasons of economic, technological, structural or similar nature. In its recommendations the Committee invited the Government to provide information on the way in which it implements, under the new legislation, the provisions of the Convention concerning terminations of employment for economic, technological, structural and similar reasons. It asked the Government to indicate, in particular, how effect is given to Article 13 on the consultation of workers' representatives, with special reference to the information which the employer must furnish in good time to such representatives and the methods and objectives of this consultation.

The Committee observes that the Government has not provided the information requested and confined itself to referring to section 34 of the Organic Labour Law, which, as stated above, does not seem to be sufficient to comply with the requirements of this Article of the Convention.

2. In this connection, the Committee notes the observations made in September 1995 by the International Organization of Employers, according to which no follow-up has been given by the Government to the recommendations of the above-mentioned committee set up to examine the representation made under article 24 of the ILO Constitution. It also notes that these observations were sent to the Government for such comments as might be judged appropriate.

3. The Committee trusts that the Government will not fail to provide the information requested in its next report and to refer to the above-mentioned observations made by the IOE.

Article 14, paragraph 3. The Committee recalls that this provision of the Convention requires the employer who contemplates terminations for reasons of an economic, technological, structural or similar nature to notify the competent authority of such terminations a minimum period of time before carrying them out, such period to be specified by national laws or regulations. The Committee would be grateful if the Government would indicate, in its next report, how national laws or regulations specify such minimum period of time before carrying out the terminations, taking into account the possibility of suspension of mass dismissals by the Ministry of Labour provided for in section 34 of the Organic Labour Act.

Point V of the report form. The Committee reiterates its request for general information on the manner in which the Convention is applied in practice, including for example available statistics on the activities of the bodies of appeal and on the number of terminations for economic or similar reasons. Please also indicate any practical difficulties encountered in the implementation of the Convention.

[The Government is asked to report in detail in 1996.]