Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

The Committee notes the report of the Committee set up by the Governing Body (ILO Committee) to examine the representation made in July 1991 by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) under Article 24 of the ILO Constitution, alleging non-observance by Venezuela of a number of ratified Conventions, including Convention No. 88. It also notes the Government's reports on the application of the Convention received in 1992 and 1993. This Committee observes that the latest Government report received in August 1993 does not contain information requested by the ILO Committee established to examine the previously mentioned representation. It therefore urges the Government to supply, in its next report, the information requested on the following points:

Articles 4, 5 and 10 of the Convention. This Committee notes the allegations of the complainant organizations according to which section 597 of the Organic Labour Act of 1990 is not in conformity with Articles 4 and 10 of the Convention as it does not guarantee the institutionalization on a permanent basis of cooperation between representatives of employers and workers in the organization and operation of the employment service, instead the arrangements for such cooperation are optional. The complainant organizations also added that the provision contained in section 604, which refers to the "competent trade union organizations", may be used to exclude employers' organizations, since the last paragraph of section 602 draws a distinction between employers' and workers' organizations.

The Government indicated in its reply to the above allegations that a draft regulation to implement the Act was under preparation in the Ministry of Labour and that various measures had been made by the Ministry with a view to setting up the National Employment Council which is empowered to create such advisory committees as are necessary for carrying out its functions. The Government also indicated in its report under Article 22 received in 1993 that there is already one national and several regional advisory committees established in the country and that the regional committees participate, inter alia, in the elaboration of programmes and plans in the field of employment at the regional level.

The above-mentioned ILO Committee observed that there appears to be substantial conformity with Article 4 of the Convention. It also stated that in the absence of indications concerning the provisions of the legislation and administrative regulations under which this Article is applied, more information is required to assess the manner in which the advisory committees are constituted and consulted in applying employment service policy. As regards allegations concerning section 604 of the Act, the Committee considered it desirable to avoid the ambiguity in the interpretation and application of this section, in order to comply with the provisions of Articles 4 and 5 of the Convention which provide for no distinction between employers' and workers' organizations in regard to their cooperation in the organization and operation of the employment service and in the application of the employment service policy. Concerning the promotional measures to be taken by the employment service under Article 10, the Committee stated that it did not have sufficient information to be able to make a more detailed evaluation of the conformity with this Article.

In its recommendations the above-mentioned ILO Committee asked the Government to provide additional information on the measures for the application of the provisions of the Organic Labour Act (section 597) concerning the establishment of advisory committees and cooperation of employers and workers. This information should indicate, in particular, the number of advisory committees set up at the national and regional levels, the manner in which they are constituted and what procedure has been adopted for the appointment of employers' and workers' representatives. The Government should indicate the arrangements made through the said advisory committees for the cooperation of employers and workers in the organization and operation of the employment service and in the application of employment service policy. The Government was asked to communicate this information in its next report under article 22 of the Constitution in order to enable the Committee of Experts to pursue its examination of the matter. The Government was also invited to amend the text of section 604 of the Organic Labour Act in order to avoid any ambiguity in its interpretation and application and to bring it fully into line with Articles 4 and 5 of the Convention. The Government was also asked to furnish information on the measures taken in collaboration with employers' and workers' organizations to encourage full use of employment service facilities by employers and workers on a voluntary basis, in accordance with Article 10.

The Committee trusts that the Government will not fail to provide the information requested, including information on measures taken to amend the text of section 604, in its next report.

[The Government is asked to report in detail for the period ending 30 June 1994.]