Observation (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 81) sur l'inspection du travail, 1947 - Venezuela (République bolivarienne du) (Ratification: 1967)

Autre commentaire sur C081

Observation

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The Committee notes the observations of the National Union of Workers of Venezuela (UNETE) received on 24 September 2014 and 2 October 2015, and the Government’s reply to them. It also notes the observations submitted jointly by UNETE, the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA) received on 8 September and 12 October 2016 and the Government’s reply in which it refers to the observations of 12 October 2016. Lastly, it notes the observations of the Independent Trade Union Alliance (ASI) received on 23 August 2016 and the Government’s reply.

Articles 3(1)(a) and (b), 5, 13 and 16 of the Convention. Labour inspection in the field of occupational safety and health (OSH). Effective cooperation with other bodies and institutions. In its previous comments, the Committee requested that the Government: (i) provide information on the number of OSH inspections conducted by inspectors of the supervisory units and inspectors of the National Institute for Prevention and Health and Safety at Work (INPSASEL), particularly in the petroleum and construction sectors; (ii) indicate the measures taken by the these two bodies as a result of inspections, including the legal provisions relied on and the nature of the penalties imposed; (iii) provide information on the prevention and advisory activities conducted by the inspection services; and (iv) provide information on measures with immediate executory force ordered by inspectors of the supervisory units, particularly in instances where there was a likelihood of imminent danger to the health or safety of the workers.

In reply to the latter question, the Government indicates that inspectors from supervisory units, like INPSASEL inspectors, are empowered by Regulations under the Basic Act concerning labour and male and female workers (LOTTT) to halt or suspend any such work as may cause serious harm to the life or health of workers. UNETE, the CTV, the CGT and CODESA, for their part, make the same observations as in the past, though the ASI considers that compliance with the rules on prevention and safety at work has recently shown a significant improvement. Consequently, the Committee once again requests that the Government provide the following information: (i) the number of OSH inspections carried out by inspectors from the supervisory units and inspectors from INPSASEL, broken down by sector; (ii) the measures taken as a result of such inspections, particularly measures with immediate executory effect, providing the inspection reports justifying the measures; and (iii) information on the other prevention activities conducted by the inspection services.

Articles 6, 7(1), and 15(a). Independence and competence of labour inspectors. Legal status and conditions of service of staff performing inspection duties. In its previous comments, the Committee requested that the Government provide information on the conditions of service of “supervisors” (who, according to the Government, are the sole category of labour inspection staff to perform inspection duties as prescribed by the Convention) and to report on any complaints received of conduct contrary to the ethical rules that supervisors are required to observe.

The Government indicates in this connection that the Constitution of the Bolivarian Republic of Venezuela establishes that the appointment or removal of public servants may not be determined on the basis of political affiliation or leaning. Section 2 of Presidential Decree No. 2.434 grants supervisors the remuneration that is provided for university graduates. The Government further indicates that entry to the People’s Ministry of Labour and Social Security (MINPPTRASS) is determined by the provisions of the Act issuing the statute of the public service, the administrative careers regulations and the internal regulations governing the appointment to and continuance in the posts of supervisor, inspector and overseer for the Integrated Labour Inspection and Social Security System. The Government also indicates that no complaints have been received of any conduct on the part of labour supervisors that might be contrary to ethical principles. The ASI nonetheless mentions in its observations that the problem of unsuitable selection persists and that the State has promoted discrimination for ideological or political reasons by ensuring public jobs only for its supporters. The Committee requests that the Government provide its comments on these matters.

Legal status and conditions of service of personnel performing inspection duties. In its previous comments the Committee noted the information provided by the Government to the effect that the inspection services include “special commissioners”, whose role is one of support to inspection. The Committee accordingly requested that the Government explain the conditions of service and the exact duties of the commissioners. It also requested information on the number of labour inspectors reporting to INPSASEL, their geographical distribution, their areas of specialization and their training.

The Government indicates that under the LOTTT, all ministers may appoint, on an indefinite or a casual basis, commissioners who report directly to them, to perform duties they assign to them. It adds that in 2005, special commissioners were hired by the labour inspection services in order to ensure coverage and effective service in vulnerable sectors where distance precluded coverage by actual inspectors. It also indicates that the commissioners enjoy the benefits established in the collective labour agreement concluded by the MINPPTRASS and the trade union organizations concerned.

The Committee recalls in this connection (see General Survey of 2006 on labour inspection, paragraphs 201–202), that labour inspection staff must be composed of public officials (hired solely on the strength of the candidate’s fitness to perform the duties) whose legal status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences. The Committee observes that in the case at hand, the commissioners are not public officials, their employment is not assured and they report directly to the Minister. The Committee urges the Government to take appropriate steps to ensure that stability of employment and independence are assured for all staff performing labour inspection duties.

Articles 12(1) and (2), and 15(c). Notification of the inspector’s presence on the occasion of an inspection visit. Timing of visits. Confidentiality requirement. In its previous comments, the Committee repeated its request, made many times previously, that the legislation be brought in line with the Convention by the removal of the requirement for labour inspectors to notify the reasons for the inspection to the employer.

The Government reiterates that, in practice, notification of the reason for the inspection is limited to the information that it is an inspection within the framework of the national legislation and the Convention. The Government also explains that exemption from the duty to notify the inspector’s presence is feasible only in establishments that are open to the public at large. The Committee nonetheless observes that section 514(1) of the LOTTT maintains the requirement for inspectors to show identification upon arrival and to specify the reason for the visit, and that it allows visits only during working hours, which limits the free access of inspectors to workplaces. The Committee recalls in this connection that, according to Article 12(1), inspectors shall be empowered to enter freely at any hour of the day or night any workplace liable to inspection, and to enter only by day any premises which they may have reasonable cause to believe to be liable to inspection. In its General Survey of 2006 on labour inspection, paragraph 270, the Committee indicates that the protection of workers and the technical requirements for inspection should be the principal criteria for determining the appropriate timing of visits, for example to check for violations such as abusive night work in a workplace officially operating during the daytime. The Committee requests that the Government amend the abovementioned provision of the legislation in order to: (i) secure certainty in law for the principle of confidentiality and the possibility of inspectors refraining from notifying their presence if they consider that notification may be prejudicial to the success of their inspection, in accordance with Articles 12(2) and 15(c); and (ii) give effect to Article 12(1)(a) of the Convention so as to allow inspectors to enter freely, at any hour of the day or night, any workplace liable to inspection.

Articles 20 and 21. Annual report. The Committee once again notes with regret that no annual inspection report has been sent to the ILO, despite the Government’s indication that it is taking appropriate steps to receive, process and publish such a report regularly. The Committee once again urges the Government to take the necessary measures to produce an annual report that includes statistical data on all the items set out at Article 21(a)–(g), and to send such a report in the near future.

The Committee is raising other matters in a request addressed directly to the Government.