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- 58. At its November 2014 meeting, the Committee, underlining the importance of the principles relating to consultation and social dialogue, reiterated its earlier recommendation [see 373rd Report, para. 52, approved by the Governing Body at its 322nd Session (October–November 2014)]:
- … Regretting that the Commission entrusted with drafting the new Basic Act on Labour and Workers (LOTTT) excluded the most representative workers’ and employers’ organizations, the Committee requests the Government to submit to tripartite dialogue with the most representative organizations of workers and employers the provisions of the LOTTT respecting freedom of association and collective bargaining criticized by the Committee of Experts with a view to bringing those provisions into full conformity with ILO Conventions Nos 87 and 98 and to keep it informed of developments in this respect. The Committee requests the Government to comply in future with the principles relating to consultation and social dialogue set out in its conclusions.
- 59. In its communication dated 20 February 2015, the Government indicates that the assertion that it had excluded the most representative workers’ and employers’ organizations from the commission entrusted with drafting the Basic Act on Labour and Workers (LOTTT) is false. The Government reiterates that the worker members on that commission were nominated by the Bolivarian Socialist Workers’ Confederation (CBST), as the largest and most representative workers’ organization. Moreover, with regard to the employers, the Government reports that the president of FEDEINDUSTRIA had participated in the commission, and that FEDECAMARAS had declined to participate in commissions established by the then President of the Bolivarian Republic of Venezuela. Finally, the Government affirms that all the provisions of the LOTTT, including those referring to freedom of association and collective bargaining, are the subject of constant review through continuous dialogue with all trade union organizations. In addition, the Government emphasizes that the provisions of the LOTTT introduced very few substantive changes in respect of previous laws’ content, including the Labour Law of 1936, which was drafted with technical assistance from the ILO.
- 60. The Committee takes note of the information from the Government. While noting that the Government affirms that the provisions of the LOTTT relating to freedom of association and collective bargaining are the subject of constant review through continuous dialogue with all trade union organizations, the Committee observes that the Government provides no details about the dialogue and the constant review to which it refers, nor does it clarify who participated nor the results. The Committee also regrets that the Government does not indicate that it has taken any actions to follow up on its previous recommendation through tripartite dialogue. The Committee urges the Government to set up without delay a mechanism to engage in a tripartite dialogue with all of the most representative workers’ and employers’ organizations, the provisions of the LOTTT in relation to freedom of association and collective bargaining in the light of comments made by the ILO’s supervisory bodies. The Committee requests the Government to keep it informed in that regard – detailing the dialogue mechanisms, the participating organizations and the results.
- 61. Finally, the Committee requests the Governments and/or complainants concerned to keep it informed of any developments relating to the following cases.
| Case | Last examination on the merits | | Last follow-up examination |
| 1787 (Colombia) | March 2010 | | November 2017 |
| 1865 (Republic of Korea) | March 2009 | | June 2017 |
| 2086 (Paraguay) | June 2002 | | March 2017 |
| 2096 (Pakistan) | March 2004 | | November 2017 |
| 2362 (Colombia) | March 2010 | | November 2012 |
| 2434 (Colombia) | March 2009 | | November 2009 |
| 2528 (Philippines) | June 2012 | | November 2015 |
| 2603 (Argentina) | November 2008 | | November 2012 |
| 2637 (Malaysia) | March 2009 | | November 2017 |
| 2652 (Philippines) | March 2010 | | November 2015 |
| 2684 (Ecuador) | June 2014 | | June 2017 |
| 2700 (Guatemala) | March 2011 | | March 2016 |
| 2710 (Colombia) | November 2011 | | June 2017 |
| 2715 (Democratic Republic of the Congo) | November 2011 | | June 2014 |
| 2723 (Fiji) | June 2016 | | March 2017 |
| 2743 (Argentina) | March 2013 | | November 2015 |
| 2750 (France) | November 2011 | | March 2016 |
| 2755 (Ecuador) | June 2010 | | March 2011 |
| 2797 (Democratic Republic of the Congo) | March 2014 | | – |
| 2850 (Malaysia) | March 2012 | | June 2015 |
| 2856 (Peru) | March 2012 | | November 2017 |
| 2871 (El Salvador) | June 2014 | | June 2015 |
| 2882 (Bahrain) | October 2016 | | November 2017 |
| 2889 (Pakistan) | March 2016 | | – |
| 2916 (Nicaragua) | June 2013 | | November 2015 |
| 2925 (Democratic Republic of the Congo) | March 2013 | | March 2014 |
| 2960 (Colombia) | March 2015 | | – |
| 2977 (Jordan) | March 2013 | | November 2015 |
| 2988 (Qatar) | March 2014 | | June 2017 |
| 2994 (Tunisia) | June 2016 | | – |
| 3003 (Canada) | March 2017 | | – |
| 3011 (Turkey) | June 2014 | | November 2015 |
| 3019 (Paraguay) | March 2017 | | – |
| 3020 (Colombia) | November 2014 | | – |
| 3036 (Bolivarian Republic of Venezuela) | November 2014 | | – |
| 3039 (Denmark) | November 2014 | | June 2016 |
| 3040 (Guatemala) | November 2015 | | November 2017 |
| 3041 (Cameroon) | November 2014 | | – |
| 3046 (Argentina) | November 2015 | | – |
| 3047 (Republic of Korea) | March 2017 | | – |
| 3054 (El Salvador) | June 2015 | | – |
| 3055 (Panama) | November 2015 | | – |
| 3083 (Argentina) | November 2015 | | – |
| 3095 (Tunisia) | November 2017 | | – |
| 3100 (India) | March 2016 | | – |
| 3103 (Colombia) | November 2017 | | – |
| 3106 (Panama) | November 2016 | | – |
| 3107 (Canada) | March 2016 | | – |
| 3110 (Paraguay) | June 2016 | | – |
| 3121 (Cambodia) | November 2017 | | – |
| 3123 (Paraguay) | June 2016 | | – |
| 3126 (Malaysia) | November 2017 | | – |
| 3131 (Colombia) | June 2017 | | – |
| 3146 (Paraguay) | June 2017 | | – |
| 3159 (Philippines) | June 2017 | | – |
| 3162 (Costa Rica) | June 2017 | | – |
| 3164 (Thailand) | November 2016 | | – |
| 3167 (El Salvador) | November 2017 | | – |
| 3169 (Guinea) | June 2016 | | – |
| 3182 (Romania) | November 2016 | | – |
| 3238 (Republic of Korea) | November 2017 | | – |
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- 62. The Committee hopes that these Governments will quickly provide the information requested.
- 63. In addition, the Committee has received information concerning the follow-up of Cases Nos 2341 (Guatemala), 2488 (Philippines), 2533 (Peru), 2540 (Guatemala), 2566 (Islamic Republic of Iran), 2583 and 2595 (Colombia), 2656 (Brazil), 2673 (Guatemala), 2679 and 2694 (Mexico), 2699 (Uruguay), 2706 (Panama), 2708 (Guatemala), 2716 (Philippines), 2719 (Colombia), 2745 (Philippines), 2746 (Costa Rica), 2751 (Panama), 2752 (Montenegro), 2753 (Djibouti), 2756 (Mali), 2758 (Russian Federation), 2763 (Bolivarian Republic of Venezuela), 2768 (Guatemala), 2789 (Turkey), 2793 (Colombia), 2807 (Islamic Republic of Iran), 2816 and 2833 (Peru), 2840 (Guatemala), 2844 (Japan), 2852 (Colombia), 2854 (Peru), 2870 (Argentina), 2872 (Guatemala), 2883 (Peru), 2896 (El Salvador), 2900 (Peru), 2924 (Colombia), 2934 (Peru), 2937 (Paraguay), 2946 (Colombia), 2948 (Guatemala), 2949 (Swaziland), 2952 (Lebanon), 2954 (Colombia), 2962 (India), 2966 (Peru), 2976 (Turkey), 2979 (Argentina), 2980 and 2985 (El Salvador), 2987 (Argentina), 2991 (India), 2992 (Costa Rica), 2995 (Colombia), 2998 (Peru) 3006 (Bolivarian Republic of Venezuela), 3010 (Paraguay), 3017 (Chile), 3021 (Turkey), 3022 (Thailand), 3024 (Morocco), 3026 (Peru), 3030 (Mali), 3033 (Peru), 3035 (Guatemala), 3043 (Peru), 3051 (Japan), 3058 (Djibouti), 3059 (Bolivarian Republic of Venezuela), 3061 (Colombia), 3065, 3066 and 3069 (Peru), 3072 (Portugal), 3075 (Argentina), 3077 (Honduras), 3085 (Algeria), 3087 (Colombia), 3093 (Spain), 3096 (Peru), 3097 (Colombia), 3101 (Paraguay), 3102 (Chile), 3104 (Algeria), 3114 (Colombia), 3124 (Indonesia), 3128 (Zimbabwe), 3140 (Montenegro), 3142 (Cameroon), 3171 (Myanmar), 3172 (Bolivarian Republic of Venezuela), 3176 (Indonesia), 3177 (Nicaragua), 3180 (Thailand), 3191 (Chile), 3196 (Thailand), 3231 (Cameroon) and 3236 (Philippines), which it will examine as swiftly as possible.
