Venezuela - 2012
Capital: Caracas

See Guide to the ITUC international trade union rights framework
, violations of 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
rights and the non-respect of collective agreements were frequent and persistent in both the public and private sector.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973)
reported violations - 2012
Background
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973)
Capital: Caracas

reported violations- 2012
Trade union rights in law
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike and block a company’s production.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by law.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
Restrictions
Legal barriers to the establishment of organizations:
- >Excessive representativity or minimum number of members required for the establishment of a union
- The law requires a minimum of 100 members in order to form a trade union of independent workers.
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to elect representatives and self-administer in full freedom
- The Constitution requires union constitutions to make their leaders' mandates non-renewable and subject to a universal, direct and secret ballot. Foreigners are not allowed to belong to a union's executive unless they have been living in the country for 10 years.
- >Other external interference allowed by law
- The Constitution provides that until such time as new laws are passed, trade union eleetions shall be announced, organised, directed and supervised by the National Electoral Council (Consejo Nacional Electoral, CNE). The ILO has signalled the need for the CNE, which is not a judicial body, to cease interfering in trade union elections and to no longer be empowered to annul them. It has also stressed the need for the rules governing the election of executive bodies of national trade union organisations, which accords a preponderant role to the CNE in the various stages of such elections, to be amended or repealed.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is enshrined in the Constitution.
Restrictions
Limitations or ban on collective bargaining in certain sectors:
- >Armed forces
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
Restrictions
Provisions undermining the recourse to strike actions or their effectiveness:
- >Excessive civil or penal sanctions for workers and unions involved in non-authorised strike actions
- The Penal Code penalises and undermines, through the application of penalties, the right to hold peaceful demonstrations and the right to strike and block a company's production, both of which are frequently used to support workers' demands.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973)
Capital: Caracas

reported violations - 2012
In practice
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.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973)
Capital: Caracas

reported violations - 2012
Violations
See collective bargaining agreement
after the presentation, in November 2010, of a list of conciliatory demands which included the regulation of better working conditions for employees, the payment of the agreed rest period, and improvements in health and safety at work.
The National Electoral Council adopted a resolution aimed at annulling or withdrawing recognition recognition The designation by a government agency of a union as the bargaining agent for workers in a given bargaining unit, or acceptance by an employer that its employees can be collectively represented by a union. from legitimate CTV structures. The CNE declared the Fifth CTV Congress held in March 2011 to elect the CTV’s new leaders null and void. It does not recognise the Electoral Committee elected at this event and claims that the CTV does not have a leadership structure. It therefore asked all affiliated organisations to convene a new CTV Congress, on the grounds that the Confederation is leaderless.
This interference by the CNE is aimed not only at getting involved in the trade unions’ electoral process but is also being used as a means of avoiding the discussion of collective agreements in the public sector and State enterprises, while favouring a parallel government-supported trade union, on the grounds of a so-called “electoral default”.
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973)
Capital: Caracas
