Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 354, Juin 2009

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

1. 196. In its previous examination of the case, the Committee made the following recommendations [see 340th Report, paras 1401–1441, approved by the Governing Body at its 295th Session (March 2006)]:
   • (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.
   • (c) The Committee requests the Government to keep it informed in this respect.
2. 197. With regard to the first of these matters, the Committee reached the following conclusions [see 340th Report, paras 1438 and 1439]:
   • – The Committee shares the Government’s view that the Practice of Medicine Act of 23 August 1982 contains provisions incompatible with the provisions of Conventions Nos 87 and 98 and should be amended since, on the one hand, it establishes compulsory affiliation of doctors on pain of sanctions, as well as a single medical federation which includes colleges of doctors, workers and employers and/or owners of medical establishments and, on the other, endows the Federation and colleges of doctors with the exclusive right of representation for the purposes of collective bargaining, whether or not there are other trade union organizations, and makes agreements concluded at local level by colleges of doctors subject to approval by the FMV (the corresponding provisions are reproduced in the annexes and/or the Government’s reply).
   • – The Committee recalls, however, that the responsibility for aligning legislation with ratified Conventions belongs to the Government. The Committee observes that the FMV is a group of colleges of doctors for which affiliation is compulsory, which as professional bodies would to some extent fall outside the scope of Conventions Nos 87 and 98 although not in other aspects since the legislation grants these bodies the rights of trade unions including their right to collective bargaining. In these circumstances, the Committee points out that in 2000 and 2002 the FMV had signed collective agreements and that the Government had not denied the failure of the Inspectorate of Labour to convene the employers’ side nor that discussions of future collective agreements had never begun. The Committee finds that in the circumstances described above (inconsistent with and in violation of Conventions Nos 87 and 98), the FMV has been representing and represents all doctors in the country. The Committee regrets that the Government has simply chosen to change its previous practice in relation to collective bargaining with the FMV apparently without informing the Federation of its new approach and without taking measures to correct the provisions in the legislation in a way which would fully assure the guarantees of freedom of association for the medical sector while promoting an effective collective bargaining mechanism. For all these reasons, it seems that the medical sector has been forced, for lack of action by the Government, to go several years without a collective agreement governing its conditions of employment.
3. 198. In its communications dated 20 April and 2 June 2008, the Venezuelan Medical Federation (FMV) claims that, further to the Committee’s recommendations, it contacted the Ministry of Labour requesting the commencement of discussions on the collective agreements with the employing bodies in the Government (Ministry of Health and Social Development (MSDS), Venezuelan Social Security Institute (IVSS) and Ministry of Education Staff Pensions and Welfare Institute (IPASME)) and the appropriate authorities, but it received no reply. The FMV indicates that the draft collective agreements had been introduced in 2003 and that, in October 2005, the Labour Inspectorate had invoked “overdue elections” (of the FMV’s executive committee) to prevent negotiation; however, the FMV renewed the membership of its executive committee in accordance with its rules and those of the National Electoral Council, even though the Council has not yet authorized the election process. Furthermore, the Government is using the claim of “overdue elections” to suspend the trade union leave of FMV officials.
4. 199. In its communication dated 25 February 2009, the Government states that this complaint has not been changed and that no new arguments have been put forward by the complainants that merit any kind of response; nevertheless, and with the greatest will and eagerness to cooperate, the Government reiterates the points made in the communications sent on 15 August and 25 October 2005 and informs this international body that, since the date mentioned above, no applications or new arguments have been presented that require the Government’s attention.
5. 200. The Government adds that, already aware of the opinions and conclusions of the Committee on Freedom of Association in similar cases, in the name of the Government of the Bolivarian Republic of Venezuela, it considers that the complaint made by the FMV must be dismissed as it is entirely unfounded in the light of the provisions of Conventions Nos 87 and 98; therefore, it reiterates the request for this case to be closed, given the incompatibility between the rules mentioned in the complaint and the Conventions mentioned in the responses duly provided on behalf of the Government.
6. 201. The Committee notes the new information from the FMV 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.