Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Strengthening social dialogue and tripartite consultations. In its previous comments, the Committee asked the Government to report on the manner in which representative organizations, enjoying the right of freedom of association, participate in the consultations required under the Convention, as well as on the consultations on the proposals put to the National Assembly when the instruments adopted by the International Labour Conference are submitted. Furthermore, the Government was asked to report on all the other consultations required under Article 5, paragraph 1, of the Convention. The Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), for its part, in October 2007 and August 2008, forwarded to the Committee its observations on Convention No. 144 and on the application of Convention Nos 26, 87 and 158. In its latest report on Convention No. 144, the Government points out the broadening of the participation of various social partners, to include the various employers’ and workers’ organizations which enjoy the full exercise of trade union activity. The Government confirms that, in accordance with the National Constitution, Convention No. 144 and the provisions of section 62 of the regulations under the Organic Labour Act, a broad basis for social dialogue has been legitimized. As part of this measure, a national social dialogue round table has been set up to review minimum wages. The Committee refers to the outstanding issues relating to Convention No. 26 and asks the Government to specify the manner in which the Social Dialogue Round Table contributes to the application of Convention No. 144. The Committee once again refers to its previous comments and reiterates its conviction that the Government and the social partners should undertake to promote and strengthen tripartism and social dialogue on the matters covered by the Convention. The Committee refers to the ILO Declaration on Social Justice for a Fair Globalization, adopted in 2008, which states that “social dialogue and the practice of tripartism between governments and the representative organizations of workers and employers within and across borders are now more relevant to achieving solutions and to building up social cohesion and the rule of law through, among other means, international labour standards”. Consequently, the Committee reiterates its invitation to the Government and to the social partners to hold the “effective consultations” on international labour standards required under Convention No. 144, a major Convention that is to be regarded as most significant from the viewpoint of governance.

Article 5, paragraph 1(b). Tripartite consultations prior to submission to the National Assembly. In its 2008 report, the Government refers to the information communicated previously, indicating that it would report in due course on developments in the submission procedure. The Government had reported that, in February 2006, the national labour authorities had asked the Ministry of Foreign Affairs to take the appropriate steps to have the instruments which were outstanding submitted to the National Assembly. The Committee notes that the consultations required under this provision of the Convention do not appear to have been held. Furthermore, the Committee also notes that no steps have been taken to submit the instruments concerned. The Committee refers to its observation concerning the constitutional obligation of submission in which it notes that 41 instruments adopted by the Conference await submission, and asks the Government to report on the effective consultations that will be held with the social partners on the proposals tabled in the National Assembly when the instruments adopted by the Conference are submitted.

Other tripartite consultations required by the Convention. The Government indicates in its 2008 report that, prior to the annual Conference, the office of the People’s Ministry of Labour and Social Security convenes all the representatives of workers and employers so that they can examine the agenda and give their opinions in that regard. The Committee invites the Government to indicate in its next report the manner in which the opinions expressed by the representative organizations consulted on the matters covered by Article 5, paragraph 1, of the Convention have been taken into account.