Venezuela

The ITUC affiliates in Venezuela are the Alianza Sindical Independiente (ASI) and the Confederación de Trabajadores de Venezuela (CTV).

In practice

Freedom of association / Right to organise

Barriers to the establishment of organizations:

Interference in trade union organisations
17-10-2013

In October 2013, the UNETE trade union denounced that the National Electoral Council (CNE) and the Labour Ministry were continuing their practice of interfering in trade union organisations, particularly in their election processes and through the practice by the Ministry and public services bodies of refusing to deal with organisations whose leaders they deemed elected due to electoral default. Although CNE intervention in elections is now optional according to the regulations, it remains a significant obstacle to collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
.

Restrictions on trade unions' right to organize their administration:

Interference in the right to elect workers’ representatives
29-02-2012

In February 2012, Elio Sayago was dismissed from his position as worker-president at the state aluminium company CVG Aluminio del Caroní S.A. (CVG ALCASA) and replaced by Angel Marcano.

Others restrictions:

Trade unionists attacked by the Polar Group
17-10-2013

In October 2013, the UNETE trade union denounced the harassment of trade union leaders by the Polar Group and its subcontractors. The company brought actions before state bodies requesting dismissals, criminal prosecutions and the filing of police complaints.

Murder of trade unionists
17-10-2013

According to the UNETE trade union, murders of trade union members and leaders continued to occur in 2012 and 2013. In September 2012, a human rights organisation recorded 65 murders of trade unionists (Report by the Observatorio Venezolano de Conflictividad Social).

Militarisation of state-owned oil factory
24-09-2013

On 30 July 2013, leaders of the unions at the state-owned companies Pescalba and La Gaviota denounced the militarisation of the state-owned edible oil factory “Diana”, located in the state of Carabobo. The factory was militarised when the workers rejected the appointment by the Minister of Food of a new manager.

Attempted violence against union leader
21-05-2012

On 21 May 2012, an armed assailant entered the EFE ice cream factory (part of the Polar group) in Caracas and asked to see Abraham Rivas, General Secretary of the Sindicato Nacional de Trabajadores Socialistas de Productos EFE and also General Secretary of the recently created Federación Nacional Clasista de Trabajadores de Alimentos, Bebidas, Conexos y Afines (FENACTRALBECA), which organises workers in 21 different companies belonging to the Polar Group. The workers became suspicious and when they called the National Bolivarian Guard it was revealed that the man had been hired to carry out an attack on Abraham Rivas.

Right to collective bargaining

Restrictions on the scope of application and legal effectiveness of concluded collective agreements:

Labour dispute in Petrocasa
30-06-2012

Workers from the state-owned home manufacturer Petrocasa were engaged in a several month long dispute over layoffs and a lack of pay rises at the firm. Workers said they have been shut out of the plant in June 2012 without justification.

Collective agreement breaches in energy company
31-03-2012

In March 2012, outsourced staff from the state-owned National Electricity Corporation (Corporación Eléctrica Nacional) was not enjoying the benefits of the collective agreement as they were hired directly by the Minister for Energy.

Strategies undermining collective bargaining
30-11-2009

Unjustified delays in collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
negotiations were common practice during 2009, both in the public and private sectors, giving rise to many trade union protests. The delays resulted in the expiry and failure to renew many collective agreements. By June 2009, 243 collective agreements were left unsigned and over 3.500 agreements had not been discussed.

Undermining of the recourse to collective bargaining and his effectiveness:

PDVSA violates collective bargaining agreement
17-10-2013

In October 2013, the Unión Nacional de Trabajadores de Venezuela (UNETE) denounced that the government is breaching the agreements in force. This is the case with in excess of 80% of the clauses of the collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
agreement with Petróleos de Venezuela S.A. (PDVSA), including the payment of social benefits.

Collective bargaining in the pharmaceutical industry
17-10-2013
Labour disputes in EFE Company
17-10-2013
Refusal to bargain in good faith
31-01-2012
Strategies undermining collective bargaining
30-11-2009

Unjustified delays in collective bargaining collective bargaining The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.

See collective bargaining agreement
negotiations were common practice during 2009, both in the public and private sectors, giving rise to many trade union protests. The delays resulted in the expiry and failure to renew many collective agreements. By June 2009, 243 collective agreements were left unsigned and over 3.500 agreements had not been discussed.

Other limitations:

Violation of ILO Convention 144
31-12-2011

The President of the Republic violated ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights
Convention 144 on tripartite consultation, exercised political discrimination and ignored the representativeness of trade union organisations not close to the government when on 12 December he appointed a 16-member Special Commission to draft a new Organic Labour Law, all of whom are members of the ruling party. The three trade unionists on the commission are from the recently-created “Bolivarian and Socialist Workers’ Confederation” which was selected by the president.

Right to strike

Undue interference by authorities or employers during the course of a strike:

Strike at Ferrominera del Orinoco
28-01-2014

In June 2013, workers at the state iron ore company Ferrominera del Orinoco, in the state of Bolívar, staged a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for over 10 days to demand the payment of the monies owed to employees and the reinstatement of workers dismissed. The national government responded to the workers’ action by sending the military to occupy the site. The protesters condemned the government’s action, which they labelled as a move to criminalise the constitutional right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. Following pressure from the workers, the government ordered that the troops be withdrawn and that dialogue and negotiations be initiated to resolve the dispute, which was settled following a number of agreements between the authorities and the trade union leaders.

Demonstration prohibited at Agropatria
24-09-2013

In September 2012, an interim injunction injunction A court order prohibiting or preventing a certain course of action, such as calling or continuing with a strike. prohibiting workers and trade unions at the Agropatria company from demonstrating was imposed by the High Agrarian Court of Aragua and Carabobo by order of the Minister of Agriculture and Land .

Violation of the right of strike in Galletera Carabobo
31-12-2012

Limitations or ban on strikes in certain sectors:

Criminalisation of the right to strike
24-09-2013
© ITUC-CSI-IGB 2013 | www.ituc-csi.org | Contact Design by Pixeleyes.be - maps: jVectorMap