Observation (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

In reply to the previous observation, the Government indicates, in a report received in September 2009, that since 2001 workers engaged in managerial functions do not enjoy the special protection against dismissal (inamorilidad laboral especial) applicable for men and women workers earning up to three times the minimum wage. The Committee once again draws the attention of the Government to the fact that the Convention applies to “all employed persons” including managers. It once again invites the Government to indicate the measures adopted to ensure that managerial workers are covered by the protection afforded by the Convention.

Legislative reforms. The Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), in a communication forwarded to the Government in September 2009, once again refers to the protection against dismissal decrees and maintains that the policy of labour stability is in violation of the Convention. The Government indicates in its report that during the course of 2008 a total of 39,807 applications for re-employment were filed with labour inspectors at the national level. These applications gave rise to 11,498 requests for the reintegration, while 2,123 applications were declared to be unfounded. The Committee recalls that the Convention reflects a well-constructed balance between the interests of the employer and those of the worker, particularly in relation to dismissals for reasons relating to the operational needs of the enterprise (general observation for Convention No. 158). The Committee reiterates its conviction that, also with regard to the important issues covered by the Convention, the Government and the social partners should make a commitment to promoting and reinforcing tripartism and social dialogue. The Committee reiterates its interest in examining the legislative texts that have been adopted in relation to the termination of the employment relationship. The Committee also requests the inclusion of relevant and updated information on the activities of the bodies of appeal (such as the number of appeals against unjustified termination, the outcome of such appeals, the nature of the remedy awarded and the average time taken for an appeal to be decided) and on the number of terminations for economic or similar reasons (Part V of the report form). The Committee hopes that the Government will also provide examples of recent court rulings handed down in relation to the definition of justified reasons for dismissal (Part IV of the report form).