Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

In reply to the Committee’s previous comments, the Government states in its report received in August 2008 that, owing to the nature and type of their duties, managers are unable to enjoy the same security as other workers. With regard to domestic workers, the Committee notes that section 281 of the Organic Labour Act applies specifically to termination of domestic workers. The Government also states that, by decree, the jobs of workers earning up to three times the minimum wage have been preserved. The Government states that this means that an employer may not dismiss a worker without complying with the procedure laid down in the Organic Labour Act. The Committee notes the Government’s reasons for excluding managers from the protection of Chapter VII dealing with security of employment in the Organic Labour Act. The Committee observes, however, that the Convention applies to “all employed persons”. Please advise the Committee whether the decrees referred to in its report protect managers from unfair termination and, if not, what steps it proposes to take to afford managers the protections afforded by the Convention.

Legislative reforms. In its observation of 2007, the Committee took note of the observations submitted in October 2007 by the International Organisation of Employers (IOE) which referred to an Organic Labour Stability Bill, under which prior authorization would be required from the competent administrative authority for an employment relationship to be terminated by the employer. In September 2008, the Office sent the Government observations from the Venezuelan Federation of Chambers of Commerce and Manufacturers’ Associations (FEDECAMARAS), which referred to the extension of the decrees of immunity until 31 December 2008. FEDECAMARAS states that the Government does not have any plans to make labour market controls more flexible and is in the process of adopting an act on permanent labour stability. In 2000, the Committee observed that Convention No. 158 seeks to establish a balance between protection of the worker in cases of unfair dismissal and ensuring flexibility in the labour market. The implementation of the Convention must have a positive effect on social peace and productivity at the enterprise level and the reduction of poverty and social exclusion, leading to social stability (general observation of 2000 on Convention No. 158). The Committee notes that the effectiveness of labour law and institutions is closely linked to the promotion of social dialogue and tripartism (Part I.A(iii) of the 2008 ILO Declaration on Social Justice for a Fair Globalization). The Committee repeats its conviction that, also with regard to the important issues covered by Convention No. 158, the Government and the social partners should make a commitment to promoting and reinforcing tripartism and social dialogue.

The Committee requests the Government to send it copies of any legislative texts adopted in relation to the termination of employment. The Committee also requests the Government to include relevant and updated information on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons (Part V of the report form). The Committee hopes that the Government’s next report will also contain examples of recent court decisions issued in connection with the definition of what constitutes a fair dismissal (Part IV of the report form).

[The Government is asked to reply in detail to the present comments in 2009.]