Observation (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Strengthening social dialogue and tripartite consultations. The Committee notes the observations made by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) received in August 2009 and 2010. Observations were also received from the Confederation of Workers of Venezuela (CTV) in August 2009 and from the Independent Trade Union Alliance (ASI) in August 2010. The Government forwarded its own comments in December 2009 and November 2010 in relation to the observations made by the social partners. The Committee notes the Government’s report on the application of the Convention for the period ending September 2010. FEDECAMARAS reiterated its concern for the establishment of social dialogue and tripartite consultations as a genuine and sure path towards the socio-economic development of the country. The CTV and ASI also reported the lack of social dialogue between the national Government and trade union organizations. The matters raised by FEDECAMARAS include the approval of the Act of May 2009 reserving for the State the goods and services of primary hydrocarbon activities, the increases in minimum wages and the amendment of the new Act respecting the National Cooperation and Education Institute, some of which are also referred to in the Committee’s comments on the application of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), and the Human Resources Development Convention, 1975 (No. 142). The Committee also notes the record of the proceedings of the meeting on 12 May 2009, of nine employers’ organizations with the Standing Committee on Integral Social Development of the National Assembly on possible reforms to the Basic Labour Act, which was transmitted by FEDECAMARAS. The Committee refers once again to its previous comments and reiterates its conviction that the Government and the social partners should undertake to promote and strengthen tripartism and social dialogue on the matters covered by the Convention. The Committee therefore invites the Government and the social partners to provide information in the next report on the “effective consultations” on international labour standards required by Convention No. 144, which is a major Convention from the viewpoint of governance.

Tripartite consultations required by the Convention. The Committee notes with interest that the President of the National Assembly was provided with information on 30 August 2010 on 41 international labour Conventions, Recommendations and Protocols adopted by the Conference between 1992 and 2007 (Article 5(1)(b) of the Convention). The ASI indicated that the Government failed to apply Convention No. 144 because it has not brought the information supplied to the Committee of Experts to the attention of the workers’ organizations. The Government indicated in the reply received in November 2010 that it fully complies with its obligation to communicate to the representative organizations of workers and employers regarding copies of the reports sent to the ILO, in conformity with article 23(2) of the ILO Constitution and in accordance with the requirements of Convention No. 144. The Committee recalls that the obligation to consult representative organizations with regard to the reports to be made on the application of ratified Conventions, under the terms of Article 5(1)(d) of the Convention, must be distinguished from the obligation to communicate reports under article 23(2) of the Constitution. The tripartite consultations required by the Convention must be held during the process of preparing reports. Where consultations are held in writing, the Government should transmit a draft report to the representative organizations in order to gather their opinions before preparing its definitive report (paragraphs 92–93 of the General Survey of 2000 on tripartite consultation). The effectiveness of consultations thus presupposed that the representative organizations have all the necessary information far enough in advance to formulate their own opinions and then to be in a position to put forward those opinions before the Government takes its final decision (paragraph 31 of the General Survey of 2000). The Committee once again invites the Government to indicate in its next report the manner in which the opinions expressed by the representative organizations consulted on each of the matters covered by Article 5(1) of the Convention have been taken into account, with particular reference to the manner in which its practice has developed with regard to tripartite consultation on draft reports on the application of ratified Conventions (Article 5(1)(d)).