Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on migrant workers, the Committee considers it appropriate to examine the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), in the same comment.

National migration policy

Article 1 of Convention No. 97. The Committee notes the Government’s indication in its report that: (1) all the population are beneficiaries of the public policies set out in the Plan de la Patria (national plan), relating to social, economic and cultural matters, with the emphasis on targeted policies implemented by the Misiones y Grandes Misiones de tercera generación (third-generation missions and great missions), which seek to advance the development of the Venezuelan people; (2) from 1999 to 2019, the Venezuelan State granted Venezuelan nationality by naturalization to a total of 482,882 foreign men and women, who under the Constitution enjoy absolute equality in rights and duties compared to persons who are Venezuelan by birth; (3) between January 2023 and April 2024, the Identification, Migration, and Foreign Nationality Bureau (SAIME) granted resident status to 137 foreigners in the “permanent migrant” category. The Committee requests the Government to continue providing information on the policies and actions adopted by the various government entities for the specific benefit of migrant workers, including the Plan de la Patria (national plan), and in particular on the specific impact on access to rights, social and labour integration, and regularization of the migration situation.

Support measures for migrant workers

Articles 2 and 7 of Convention No. 97. Services and assistance for migrant workers. The Government indicates that: (1) SAIME provides advice and assistance from its regional offices throughout the country to migrants who have permanent residence in Venezuela; (2) the Labour Migration Bureau, through the South American Conference on Migration (CSM) and the Social and Labour Integration Network, uses forums for dialogue and consultation to share good practices and experiences applied by the offices that cater for the migrant population in the social and labour sphere; and (3) during the 2018–23 period, the Bureau dealt with 1,101 enquiries about labour migration. The Committee requests the Government to: (i) continue providing information in this regard, particularly on any cooperation between the Labour Migration Bureau and the corresponding services of the other Member States; and (ii) provide details of the most frequent enquiries received by the Labour Migration Bureau.

Combating illegal employment of migrant workers

Article 2 of Convention No. 143. Migrations in abusive conditions. Systematic determination. The Government indicates that the integrated labour inspection and social security system has not detected any situations of workers subjected to abusive working conditions, or of migrant workers in an irregular situation in the period under review. The Committee observes that: (1) the United Nations (UN) Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, in its concluding observations of 27 October 2022, welcomed the adoption of the “National Plan to combat trafficking in persons 2021–25” and the creation of the National Council on Trafficking in Persons to follow up, evaluate, implement and monitor the Plan, and also the creation of the Office of the Special Ombudsman for the Protection of Migrants, Refugees and Victims of Trafficking in Persons (CMW/C/VEN/CO/1, para. 6); (2) the UN Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations of 31 May 2023, noted with concern that undocumented migrant women are exposed to a high risk of sexual exploitation, forced labour and recruitment by human trafficking networks (CEDAW/C/VEN/CO/9, para. 45); and (3) the 2024 Global Report on Trafficking in Persons produced by the United Nations Office on Drugs and Crime (UNODC) concluded that in 2022 a total of 244 persons (five of Venezuelan nationality) were victims of trafficking, including 169 for sexual exploitation and 55 for forced labour. The Committee requests the Government to: (i) indicate whether any situations have been detected of undocumented migrant workers employed in and subjected to abusive working conditions and, if so, to indicate their numbers, their nationality and the work they perform; (ii) indicate whether migration movements for employment have been identified originating from or transiting through its territory in which migrants are subjected to abusive conditions in transit, on arrival or during their residence and employment; and (iii) provide information on the impact of the creation of the National Council on Trafficking in Persons and the results achieved by the National Plan 2021–25. The Committee also requests the Government to indicate the manner in which employers’ and workers’ organizations are consulted or equipped to provide information available to them on situations of migration in abusive conditions.

International cooperation and exchange of information

Article 1 of Convention No. 97 and Article 4 of Convention No. 143. General agreements and special arrangements. The Committee notes the Government’s indications that in recent years various bilateral agreements have been signed with Latin American and other countries, aimed at facilitating the entry, residence and, where applicable, departure of persons involved in activities under technical cooperation and assistance agreements. In particular, the Government indicates that instruments have been signed with countries including China, Colombia, Cuba, Ecuador, Mexico and the Russian Federation. The Committee also notes the Government’s reference to its participation in multilateral processes, such as the South American Conference on Migration (CSM). The Committee requests the Government to provide examples of relevant extracts from these agreements, in particular regarding access to employment and the working conditions of beneficiary migrant workers. The Committee also requests the Government to provide information on the number of persons who have emigrated from or entered the country as a result of the above-mentioned cooperation instruments.

National policy for the promotion of equal opportunities and treatment

Article 6 of Convention No. 97 and Articles 10 and 12(d) of Convention No. 143. The Committee notes the Government’s indications that the National Constitution: (1) guarantees to all persons, in accordance with the principle of progressiveness and without any discrimination, the inalienable, indivisible and interdependent enjoyment and exercise of human rights (article 19); and (2) enshrines legal equality before the law, establishing the prohibition of discrimination on the basis of race, sex, creed, social status or any other factor that generally has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on equal terms, of the rights and freedoms of every person (article 21). The Government also reports that: (1) the Basic Act on labour and men and women workers (LOTTT) prohibits any distinction, exclusion, preference or restriction regarding access to work and working conditions on the basis of nationality (section 18); and (2) the Foreigners and Migration Act establishes that foreigners in the territory of the Republic shall have the same rights as nationals, with no limitations other than those established in the Constitution of the Bolivarian Republic of Venezuela and the legislation (section 13). However, the Committee observes that sections 27, 28, 29 and 231 of the LOTTT establish restrictions on the hiring of foreign workers which are not in conformity with the principle of equal opportunities and treatment enshrined in the Conventions, which points to a discrepancy between the provisions of the Constitution and those of the LOTTT. In light of the above, the Committee requests the Government to provide clarification on this discrepancy between the text of the Constitution and the above-mentioned sections of the LOTTT.

Collaboration of employers’ and workers’ organizations, and equal opportunities and treatment

Article 12 of Convention No. 143.The Committee once again requests the Government to indicate the specific measures taken or envisaged in cooperation with the employers’ and workers’ organizations to implement the national policy of equal opportunities and treatment in employment and occupation.

Application in practice

Enforcement. The Committee notes the Government’s indication that in the 2018–23 period a total of 476 work permits were issued to female foreign workers and 2,618 to male foreign workers, while observing that the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, in its concluding observations of 27 October 2022, recommended that the State should establish a national system that systematically, reliably and efficiently collects data on the situation of migrant workers in the country (CMW/C/VEN/CO/1, para. 22). The Committee requests the Government to: (i) provide statistical information, disaggregated by sex, country of origin and sector of activity, on migrant workers legally present and resident in its territory, and on Venezuelans who have emigrated abroad for work; (ii) indicate whether it plans to establish a national system for collecting data on labour migration; and (iii) provide information on the number and type of any violations found by labour inspectors and other competent authorities, and also on any penalties imposed for illegal hiring, migration in abusive conditions and human trafficking.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2 of the Convention. Migrations in abusive conditions. Systematic determination. The Committee notes the information provided by the Government regarding the authorities competent in providing assistance to undocumented migrant workers or those subjected to abusive working conditions, regardless of their migration status. The Committee recalls that member States should seek to methodically identify abusive living and working conditions of migrant workers as a first step towards preventing and eliminating migration in abusive conditions. In this respect, it emphasizes that the labour inspectors’ main responsibility is ensuring compliance with legal provisions on working conditions and workers’ protection. The Committee asks the Government to indicate whether it has detected situations of migrant workers or undocumented migrant workers employed in or subjected to abusive working conditions and, if so, to specify their numbers, their nationality and the work they perform. In addition, the Committee requests the Government once again to indicate the manner in which the employers’ and workers’ organizations are consulted or equipped to provide information available to them on this subject.

Article 12. Cooperation of employers’ and workers’ organizations and equality of opportunity and treatment. The Government refers in its report to the broad and inclusive participation of the employers’ and workers’ sectors in the strengthening of the national production model set out in the Plan de la Patria (national plan). The Committee recalls that the participation of the social partners is fundamental to ensure the effective application of the Convention. Given the lack of detailed information regarding the level of cooperation with the social partners, the Committee once again requests the Government to indicate the measures adopted or envisaged in cooperation with the employers’ and workers’ organizations to implement the national policy in accordance with Article 12(a)–(g) of the Convention.

Practical application. According to the statistical information provided by the Government, in 2016, 713 work permits were issued, 635 to male foreign workers and 78 to female foreign workers. In the first quarter of 2017, 93 per cent of the labour permits that were issued or renewed went to male workers (287 out of 297), mainly in the construction sector (34 per cent), community, social and personal services (32 per cent), and in mining and quarrying (21 per cent). The Committee requests the Government to provide statistics disaggregated by sex, host country and sector of activity for Venezuelan workers abroad, and to continue to provide statistics, disaggregated by sex, nationality and sector of activity, of the permits issued to migrant workers in the country.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 1 of the Convention. Information on national law and policy. In reply to the request made previously regarding the National Commission on Migration, the Government reports that, although the Commission is not operational, the other competent authorities on migration matters work in constant collaboration. The Government refers to the cross-border mobility card (TMF), a document which facilitates the frequent transit of Venezuelan and foreign nationals who reside in border areas with Colombia. It also refers to some measures, such as the Plan to update the data on the foreign nationals benefiting from Presidential Decree No. 2823 of 3 February 2004, and the Plan to regularize Ecuadorian nationals living in the country as illegal migrants, which are being implemented by the Identity, Migration, and Foreign Nationality Service (SAIME), in the Ministry of the People’s Authority for Internal Relations, Justice and Peace. The Committee asks the Government to specify the policies and measures adopted by the different Government institutions for the benefit of migrant workers. The Committee also requests the Government to continue providing information on the implementation of the regulations for regularization and naturalization of men and women foreign nationals, and to include data on the number of persons who have obtained residence or have been naturalized.

General agreements and special arrangements. In the absence of detailed information on this point, the Committee once again asks the Government to provide information on and copies of all general agreements and special arrangements adopted. It also once again requests the Government to provide information on the content and application of economic and political integration agreements which facilitate immigration and relax the employment requirements for workers from Latin American and Caribbean countries.

Articles 2 and 7. Services and assistance for migrant workers. In reply to the request for information regarding the activities of the Labour Migration Bureau, the Government refers to the mission and duties of and the free nature of the services provided by the Directorate for Labour Migration. The Government adds that social welfare office branches (DPS) are being established at the national level, under the Deputy Minister of Social Welfare of the People’s Ministry for the Social Process of Labour, to provide information and guidance on the legal requirements for labour migration. The Committee requests the Government to provide detailed information on the cooperation between the Labour Migration Bureau and the corresponding services of other member States.

Article 6. Equal treatment. The Committee notes that the Government confines itself to referring to the constitutional and legal provisions in force on equal treatment. The Committee recalls that legislation alone is not sufficient to ensure that migrant workers enjoy equality of treatment with nationals and, consequently, it is essential for States to ensure, particularly through the labour inspection services or other supervisory authorities, the application in practice of these provisions. The Committee once again requests the Government to provide information on the manner in which it is ensured in practice that migrant workers who are lawfully within the national territory are not treated less favourably than nationals with regard to the matters listed in Article 6(a), (b), (c) and (d) of the Convention.

Practical application. The Committee recalls that appropriate data and statistics are crucial in determining the nature of labour migration and inequalities of treatment faced by migrant workers, to set priorities and design measures, and to evaluate their impact and make adaptations where necessary. The Committee refers to its comments on the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143).

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 10 and 12(d) of the Convention. Equality of opportunity and treatment. In response to the requests the Committee has been making for several years to reform or repeal the legal provisions which limit access to employment for foreign workers, the Government indicates in its report that the provisions contained in the National Constitution and the Organic Act concerning labour and men and women workers (LOTTT) guarantee equality of opportunity and prohibit discrimination relating to access and conditions of work based on nationality. The Committee recalls that, while having legislation in place to combat discrimination is important, it is not sufficient to guarantee equality of opportunity and treatment in practice. It is necessary to take proactive measures to guarantee the application and observance of the principle of non-discrimination. Furthermore, the Committee recalls that Article 12(d) stipulates that any statutory provisions should be repealed and any administrative instructions or practices modified which are inconsistent with the national policy. Sections 27 (percentage of Venezuelan staff), 28 (temporary exceptions), 29 (hiring of foreign workers) and 231 (limit on foreign agricultural workers) of the LOTTT restrict the hiring of foreign workers by providing that national workers must represent 90 per cent of the total staff, apart from the specific exceptions listed, and that foreign workers cannot receive more than 20 per cent of the total payments made to all staff. The Committee notes with regret that, despite the amount of time that has passed and the many requests made, the Government has not amended the provisions in question. The Committee once again urges the Government to take the necessary steps to amend or repeal sections 27, 28, 29 and 231 of the Organic Act concerning labour and men and women workers to bring the legislation into full conformity with the principle of equality of opportunity and treatment regarding employment of migrant workers in relation to national workers.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication that as a result of the implementation of the Regulations on the regularization and naturalization of foreign nationals present on the national territory, it has been possible to grant residence to 435,291 persons and 516,079 persons have been naturalized. The Government adds that although the National Commission on Migration is not operational at present, the various Ministries of People’s Power responsible for internal and external relations, defence, labour, communes and education, together with the National Institute of Statistics, cooperate on the coordination of joint policies, action and measures for the benefit of migrant workers. The Committee highlights the fact that the existence of a body with a specific focus on migrant workers might help to improve monitoring of their situation. The Committee requests the Government to indicate whether measures have been taken or are planned with a view to reviving the National Commission on Migration. The Committee also requests the Government to provide detailed information on the policies adopted and action taken by the various government bodies referred to above for the benefit of migrant workers and on the implementation of the Foreign Nationals and Migration Act. The Committee further requests the Government to continue to provide information on the implementation of the Regulations on the regularization and naturalization of male and female foreign nationals, including the number of persons who have obtained residence or have been naturalized.

General agreements and special arrangements. The Government states that an agreement concerning the abolition of visa requirements was concluded with the Russian Federation in 2009 and a statute on migration was concluded with Ecuador in 2010. The Committee requests the Government to continue to provide information on general agreements and special arrangements concluded by the Government and to provide a copy of these agreements. The Committee also requests the Government to provide information on the content and the implementation of agreements on economic and political integration which facilitate immigration and ease requirements regarding employment for workers from Latin American countries referred to in its previous report.

Articles 2 and 7. Services and assistance for migrant workers. The Committee notes the Government’s statement that the Labour Migration Bureau operates through the Directorate for Labour Migration at the Ministry of People’s Power for Labour and Social Security, which has responsibility at the national level. The Committee requests the Government to provide more detailed information on the specific activities of this Bureau and the services that it provides for migrant workers and whether these services are provided free of charge. The Government is also requested to send information on cooperation between the Labour Migration Bureau and the corresponding departments of other member States.

Article 6. Equal treatment. The Government indicates that migrant workers have the same rights with regard to training as national workers. The Government adds that Venezuelan labour legislation is applied equally to national and foreign workers. The Committee is examining the issue of access to employment and equal remuneration (sections 27–29 of the Organic Act concerning Labour and Male and Female Workers (LOTTT)) in the context of examination of the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143). Noting that the information provided by the Government is of a general nature, the Committee again requests the Government to provide information on the manner in which it is ensured that migrant workers who are lawfully within its territory are not treated less favourably than nationals with regard to the matters listed in Article 6(a)–(d) of the Convention.

Statistical information. The Committee requests the Government to provide statistical information, disaggregated by sex, country of origin and sector of activity, on migrant workers resident in the country and Venezuelans who have emigrated for employment.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that according to the Government, the Ministry of People’s Power for Labour and Social Security supervises enterprises that hire foreign workers in order to ensure that their rights are respected and to eliminate any improper working conditions. The Committee observes, however, that the Government’s report contains no information on the points raised in its previous comments. It requests the Government to take the necessary steps to reply to those comments, which are repeated below.

Article 2 of the Convention. The Committee would be grateful if the Government would provide information on any situations that have been detected in which migrant workers and undocumented workers are employed in or subjected to abusive conditions, including the number and nationality of such workers and the work they carry out. Please indicate how employers’ and workers’ organizations are consulted and enabled to furnish the information available to them on this matter that they have in their possession.

Article 12. Cooperation of employers’ and workers’ organizations and equality of opportunity and treatment. The Committee recalls the obligation set forth under Articles 10 and 12 of the Convention, according to which each Member undertakes to declare and pursue a national policy designed to promote and to guarantee equality of opportunity and treatment for migrant workers and the members of their families residing lawfully within the territory and to take active and legislative measures to implement this policy. The Committee asks the Government to indicate in its next report the specific measures taken or envisaged in cooperation with the employers’ and workers’ organizations to implement the national policy in accordance with Article 12(a)–(g) of the Convention.

Part V of the report form. The Committee would be grateful if the Government would continue to provide information on legislative instruments or other measures relating to the application of this Convention, including statistics disaggregated by sex, country of origin and sector of activity, in respect of migrant workers residing in the Bolivarian Republic of Venezuela and Venezuelan workers abroad, as well as any other relevant information.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 10 of the Convention. Equality of opportunity and treatment. The Committee has been referring for almost 20 years to the need to amend or repeal sections 27, 28, 30 and 317 of the Organic Labour Act. These provisions establish a 10 per cent limit on foreign workers in the workforce and the overall wages paid to such workers may not exceed 20 per cent of the total wage bill of the enterprise. The Committee notes the adoption on 30 April 2012 of the Organic Act concerning labour and male and female workers. The Committee notes with regret that despite the time that has elapsed and the numerous requests made, the Government has not taken the opportunity of the adoption of the Organic Act concerning labour and male and female workers to amend the provisions referred to above (now sections 27, 28, 29 and 231). The Committee urges the Government to take the necessary steps to amend or repeal sections 27, 28, 29 and 231 of the Organic Act concerning labour and male and female workers in order to align the legislation fully with the principle of equality of opportunity and treatment in employment for migrant workers and national workers.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Information on national policies, laws and regulations and Part V of the report form. The Committee notes the Government’s indication that its migration policy is based on the following elements: non-discrimination between races, sexes, creeds and nationalities; respect for diversity; responding to the unsatisfied national demand for labour in the socio-productive process; migration towards priority national development areas; full respect for the human rights of the migrant worker and those of his family; and compliance with the international instruments signed and ratified by the Republic. The Committee also notes the promulgation of the Foreigners and Migration Act of 24 May 2004, and the Regulations on the Regularization and Naturalization of Foreigners in National Territory, dated 3 February 2004. The Act reflects the increased and more specific effort made by the Government to unify policies in this area, while the Regulations have helped to regularize the situation of a number of workers. The Committee also notes that a National Migration Commission has been set up under Title VI of the Immigration Act. The Committee asks the Government to provide information on the implementation of its migration policy and of the Foreigners  and Migration Act and the Regulations on the Regularization and Naturalization of Foreigners in practice, as well as on the specific activities carried out by the National Migration Commission to promote the objectives and application of the Convention.

2. General agreements and special arrangements. The Committee notes from the Government’s report that economic and political integration agreements are in place which facilitate immigration and increase the flexibility of requirements for the employment of workers from Latin American countries and the Caribbean. The Committee asks the Government to provide information on the text of these agreements and on their application in practice. Noting the withdrawal of the Bolivarian Republic of Venezuela from the Andean Community of Nations, the Committee would like to receive information on the current treatment and conditions of migrant workers from countries belonging to the Community who settle in the country.

3. Articles 2 and 7. Services and assistance for migrant workers. The Committee notes the Organic Act on the employment services system of 30 December 2002, section 17 of which establishes the Labour Migration Service aimed at “channelling the requests for foreign migrant workers made by employers in the public or private sector with a view to authorizing their admission into the labour market, so as to cover the unsatisfied demand for skilled labour in the country’s priority development areas”. The Committee asks the Government to provide more detailed information on the specific activities of the Labour Migration Service.   It also asks the Government to indicate any measures taken or envisaged in cooperation between the Labour Migration Service and equivalent services of a similar nature found in other member States bound by the Convention.

4. Article 6. Equality of treatment. The Committee notes section 18 of the Organic Act on the employment services system, 2002, which sets forth the obligation of migrants to provide training to local workers. It should be recalled that in order for this provision to be consistent with Article 6 of the Convention, it must not contain any measures implying less favourable treatment than that applied to national workers, including in respect of conditions of work. The Committee therefore asks the Government to indicate whether migrant workers enjoy the same rights in respect of training as national workers. The Committee would also be grateful if the Government would provide information on the implementation of its policy on equality of treatment between nationals and migrant workers in respect of the matters listed in Article 6, paragraphs (a), (b), (c) and (d), of the Convention.

5. Statistical information. The Committee notes the information provided in the Government’s report concerning a study which is currently being prepared on the characteristics of the migrant worker population in the Bolivarian Republic of Venezuela. The Committee also notes section 27 of the Foreigners and Migration Act which provides that the ministry responsible for immigration and migration, in the performance of its monitoring duties, shall ensure that the statistical information on migrant workers is kept updated. The Committee hopes that this study will take into account issues relating to gender equality and the feminization of the migratory trend and would be grateful if the Government would provide information on this study once it is completed. The Committee would also like to receive statistical information, disaggregated by sex, place of origin and sector of employment, in respect of the migrant workers residing in the Bolivarian Republic of Venezuela and the Venezuelan nationals residing abroad.

6. Annexes I and II. The Committee regrets not having received concrete information on the measures adopted or envisaged to regulate the activities of private agencies or to encourage self-regulation in order to protect migrant workers from any abuse, or on the penalties imposed for infringements, particularly with regard to misleading advertising. The Committee therefore reiterates its previous request to the Government to provide detailed information in respect of Annexes I and II of the Convention on the proliferation of private agencies.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 2 of the Convention. Measures to detect irregular migration. The Committee would be grateful if the Government would provide information on any situations that have been detected in which migrant workers and undocumented workers are employed in or subjected to abusive conditions, including the number and nationality of such workers and the work they carry out. Please indicate how employers’ and workers’ organizations are consulted and enabled to furnish the information concerning this matter that they have in their possession. 

2. Article 12. Cooperation of employers’ and workers’ organizations and equality of opportunity and treatment. The Committee recalls the obligation set forth under Articles 10 and 12 of the Convention, according to which each Member undertakes to declare and pursue a national policy designed to promote and to guarantee equality of opportunity and treatment for migrant workers and the members of their families residing lawfully within the territory and to take active and legislative measures to implement this policy. The Committee asks the Government to indicate, in its next report, the concrete measures taken or envisaged in cooperation with the employers’ and workers’ organizations to implement the national policy in accordance with Article 12, paragraphs (a) to (g), of the Convention.

3. Part V of the report form. The Committee would be grateful if the Government would continue providing information on legislative instruments or other measures relating to the application of the Convention, including statistics disaggregated by sex, place of origin and sector of activity, in respect of migrant workers residing in the Bolivarian Republic of Venezuela and Venezuelan workers abroad, as well as any other relevant information.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Articles 10 and 14(c) of the Convention. Equality of opportunity and treatment. For a number of years, the Committee has been following up on compliance with the recommendations that were made by the Governing Body in its report on the representation submitted by the International Organisation of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) in May 1993 (GB.256/15/16). In these recommendations, the Government had been invited to take appropriate measures to repeal or amend the provisions of sections 27, 28, 30 and 317 of the Organic Labour Act of 1990, in the light of the principle of equality of opportunity and treatment between national workers and migrant workers, established under Article 10 of the Convention.

2.  The Committee notes that sections 27, 28, 30 and 317, which have been reproduced in the Organic Labour Act (19 June 1997), continue to impose recruitment conditions, and establish a 10 per cent limit on foreign workers in the enterprise and a 20 per cent limit on the overall wages paid to such workers. It also notes the Government’s statement that Article 14(c) of the Convention gives authorization to “restrict access to limited categories of employment or functions where this is necessary in the interests of the State”. The Committee reminds the Government of the Governing Body’s report on the representation (GB.256/15/16, 1993), which recalls that the Convention does not undermine the right of the State to admit or refuse the entry of a foreigner on its territory, a decision which may be taken in respect of the need to protect national workers, but that “equality of opportunity and treatment, which must be declared and guaranteed by the State, is not compatible with measures which would seek to establish distinctions between migrant workers legally within the territory of a State and national workers in the spheres covered by the Convention, both at the national level and the level of the enterprise”. The Committee also points out that the measures contemplated in the sections of the Organic Labour Act of 1997, the amendment of which has been requested by both the Governing Body and the Committee, are abstract measures which are not covered by Article 14(c) of the Convention and are therefore contrary to the principle of equality of opportunity and treatment between migrant and national workers.

3. Trade union rights. The Committee recalls section 404 of the Organic Labour Act of 1990, reproduced in the Organic Labour Act of 1997, which establishes that “foreigners who have resided in the country for more than ten years may, subject to the approval of the ministry concerned, become a member of the management committee of a trade union and hold representative trade union office”. The Committee notes that, according to section 120 of the new Decree No. 4447 of 28 April 2006 implementing the Organic Labour Act, foreign workers may join the management committee of a trade union and hold representative trade union office without prior approval, when thus provided for by the statutes of the trade union organization. Although the regulations appear to be less restrictive than the Act, the Committee points out that the trade union rights of foreign workers must not be conditional upon their recognition in trade union statutes or subject to ministerial approval but guaranteed under legislation. The Committee further notes that a draft amendment to the Organic Labour Act reduces from ten to five years the time of residence for a foreign worker to become a member of a management committee of a trade union or to hold trade union office, which would be acceptable under the Convention. The Committee refers in this regard to its comments on the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

4. The Committee regrets that little progress has been made in the adoption of measures, in consultation with the employers’ and workers’ organizations, to give effect to the principle of equality of treatment between nationals and migrant workers.

5. Noting that the Organic Labour Act is being amended, the Committee urges the Government to repeal or amend the provisions of its sections 27, 28, 30, 317 and 404, taking into account the comments made by the Committee of Experts in follow-up to the abovementioned representation, so as to bring national legislation into line with the Convention. The Committee asks the Government to provide detailed information in this respect.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information supplied in the Government’s report and acknowledges the statistical data provided by the Government. It regrets, however, that the Government has found it impossible to adopt, in consultation with employers’ and workers’ organizations, any measure to suppress discriminatory treatment between foreign and national workers and to give effect to the principle of equality in the exercise of the right of association between migrant and national workers. The Committee therefore notes that no action was taken on the basis of its previous comments following up on the conclusions and recommendations adopted by the Governing Body in the representation made by the International Organization of Employees (IOC) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMRAS) in May 1993. The Committee repeats is previous observation on the following points:

  Article 10 of the Convention. 1. With reference to the recommendations adopted by the Governing Body inviting the Government to take appropriate measures to abrogate or amend the provisions of sections 27, 28, 30 and 317 of the Organic Labour Act of 1990 in the light of the principle of equality of opportunity and treatment between national workers and migrant workers established by Article 10 of the Convention, the Government recognizes that by setting a 10 per cent limit on foreign workers in the enterprise and a 20 per cent limit on the overall wages of such workers in the enterprise, sections 27 and 317 of the above Act in a certain manner violate the principle of equality of treatment between foreign and national workers. The Government states that it is its responsibility, by virtue of article 84 of the Constitution, which does not establish discrimination between foreigners and nationals of Venezuela, to guarantee nationals of Venezuela employment "which provides them with a worthy and decent living".

The Committee recalls the comments that it made previously on the analogous provisions of the Labour Act of 1983. Furthermore, it recalls that, when requested on two occasions by the Government to give an opinion on the draft organic labour act, the ILO suggested the elimination of these provisions on the basis, among others, of the above comments of the supervisory bodies. It requests the Government to indicate the measures which have been taken, in consultation with employers’ and workers’ organizations, to give effect to the principle of equality of treatment between migrant workers and national workers.

2. With regard to section 404 of the Organic Labour Act of 1990, the Government also recognizes the contradiction between the content of the above section and the principle of equality of treatment between foreign and national workers. According to the Government, the problem lies in the fact that the requirement for prior authorization for foreign workers to hold trade union office goes back to the Labour Act of 1936.

The Committee recalls that the policy designed to guarantee equality of opportunity and treatment set out in Article 10 of the Convention covers trade union rights for persons, who, as migrant workers or as members of their families, are lawfully within the territory of the State which has ratified the Convention. It requests the Government to indicate the measures which have been taken, in consultation with employers’ and workers’ organizations, to give effect to the principle of equality in the exercise of the right of association between migrant and national workers.

  Article 12(g). 3. With reference to section 30 of the Organic Labour Act of 1990, the Government emphasizes that, in the event of the recruitment of foreign workers, this section requires preference to be given to "those whose children were born on Venezuelan territory, who have a Venezuelan spouse or a residence in the country or those with the longest period of residence in the country". This provision therefore establishes criteria which have to be taken into consideration in the event of the conclusion of a contract of employment with foreign workers. In a case where two applicants for a job are equally suitable, the employer has to select the applicant who responds to criteria proving the existence of a closer connection with the country. The Government hopes, in the context of the general regulations being prepared under the Organic Labour Act, to reduce the discriminatory effects of the above section, possibly by placing emphasis on other criteria, such as the family responsibilities of the applicant for employment.

The Committee of Experts recalls that the abovementioned Committee considered that this provision is not in accordance with the principle of equality of opportunity and treatment with regard to working conditions for all migrant workers who exercise the same activity, whatever might be the particular conditions of their employment, in accordance with Article 12(g) of the Convention.

The Committee hopes that the Government will be in a position to indicate the measures which have been taken to bring the provisions on recruitment into conformity with the principle of equality of opportunity and treatment in employment established by Articles 10 and 12(g) of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee noted in its General Survey of 1999 on migrant workers (see paragraphs 5-17), that the extent, direction and nature of international labour migration have undergone profound changes since the Convention was adopted. The Committee therefore asks the Government to provide copies of any new provisions of law or regulations adopted, together with up-to-date information on its emigration and immigration policy, in reply to the questions contained in the report form on the Convention. It would also be grateful if the Government would state how the current trends in migration flows have affected the content and implementation of its national policy and legislation on emigration and immigration.

2.  In view of the growing role of private agencies in the international migration process, the Government is asked to state whether this tendency has had any repercussions on the application of Annexes I and II of the Convention which deal with recruitment, placing and conditions of labour of migrants recruited otherwise than under government-sponsored arrangements for group transfer and migrant workers recruited under government-sponsored arrangements for group transfer. If so, the Committee would be grateful if the Government would state the measures that have been taken or are envisaged to regulate the activities of private agencies or encourage self-regulation in order to protect migrant workers from any abuse. Please also specify the penalties for infringements, particularly misleading advertising.

3.  The Committee also asks the Government to provide information on the application in practice of its policy on equal treatment for national workers and migrant workers in respect of the subjects listed in subparagraphs (a), (b), (c) and (d) of Article 6 of the Convention. Recalling that under paragraph 1 of this Article, every State which has ratified the Convention undertakes to apply, without discrimination in respect of nationality, race, religion or sex, treatment no less favourable than that which it applies to its own nationals in respect of the matters enumerated in subparagraphs (a) to (d) of this Article, the Committee would be grateful if the Government would indicate the measures taken or envisaged to ensure that women migrant workers are treated on a par with their male counterparts, foreign or otherwise, in respect of working and living conditions, social security, work-related taxes, and access to the justice system - in view of the growing feminization of migration for employment (see paragraph 20-23 and 658 of the abovementioned General Survey).

4.  Article 8.  Since this was one of the provisions cited most often by governments, at the time of the General Survey (paragraphs 600-608), as being difficult to apply, the Committee requests the Government to provide information on how the right of migrant workers admitted on a permanent basis to reside in the county in the event of incapacity to work is maintained in practice.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

Point V of the report form. The Committee hopes that, in addition to information on the manner in which the Convention is applied in practice, as requested under this point of the report form, the Government will soon be in a position to supply information on the number and categories of foreign workers employed in Venezuela, and on the number of Venezuelan nationals employed abroad.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the detailed information supplied in the Government's report. It requests the Government to continue to supply such information on developments in the application of the Convention in Venezuela.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the conclusions and recommendations of the committee set up to examine the representation made by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), approved by the Governing Body of the ILO at its 256th Session (May 1993). It also notes with interest the Government's statement that it intends to prepare a Bill with a view to suppress or to restrict discriminatory treatment between foreign and national workers will be prepared after consultation with the social partners.

Article 10 of the Convention. 1. With reference to the recommendations adopted by the Governing Body inviting the Government to take appropriate measures to abrogate or amend the provisions of sections 27, 28, 30 and 317 of the Organic Labour Act of 1990 in the light of the principle of equality of opportunity and treatment between national workers and migrant workers established by Article 10 of the Convention, the Government recognizes that by setting a 10 per cent limit on foreign workers in the enterprise and a 20 per cent limit on the overall wages of such workers in the enterprise, sections 27 and 317 of the above Act in a certain manner violate the principle of equality of treatment between foreign and national workers. The Government states that it is its responsibility, by virtue of article 84 of the Constitution, which does not establish discrimination between foreigners and nationals of Venezuela, to guarantee nationals of Venezuela employment "which provides them with a worthy and decent living".

The Committee recalls the comments that it made previously on the analogous provisions of the Labour Act of 1983. Furthermore, it recalls that, when requested on two occasions by the Government to give an opinion on the draft Organic Labour Act, the ILO suggested the elimination of these provisions on the basis, among others, of the above comments of the supervisory bodies. It requests the Government to indicate the measures which have been taken, in consultation with employers' and workers' organizations, to give effect to the principle of equality of treatment between migrant workers and national workers.

2. With regard to section 404 of the Organic Labour Act of 1990, the Government also recognizes the contradiction between the content of the above section and the principle of equality of treatment between foreign and national workers. According to the Government, the problem lies in the fact that the requirement for prior authorization for foreign workers to hold trade union office goes back to the Labour Act of 1936.

The Committee recalls that the policy designed to guarantee equality of opportunity and treatment set out in Article 10 of the Convention covers trade union rights for persons, who, as migrant workers or as members of their families, are lawfully within the territory of the State which has ratified the Convention. It requests the Government to indicate the measures which have been taken, in consultation with employers' and workers' organizations, to give effect to the principle of equality in the exercise of the right of association between migrant and national workers.

Article 12(g). 3. With reference to section 30 of the Organic Labour Act of 1990, the Government emphasizes that, in the event of the recruitment of foreign workers, this section requires preference to be given to "those whose children were born on Venezuelan territory, who have a Venezuelan spouse or a residence in the country or those with the longest period of residence in the country". This provision therefore establishes criteria which have to be taken into consideration in the event of the conclusion of a contract of employment with foreign workers. In a case where two applicants for a job are equally suitable, the employer has to select the applicant who responds to criteria proving the existence of a closer connection with the country. The Government hopes, in the context of the general regulations being prepared under the Organic Labour Act, to reduce the discriminatory effects of the above section, possibly by placing emphasis on other criteria, such as the family responsibilities of the applicant for employment.

The Committee of Experts recalls that the above-mentioned committee considered that this provision is not in accordance with the principle of equality of opportunity and treatment with regard to working conditions for all migrant workers who exercise the same activity, whatever might be the particular conditions of their employment, in accordance with Article 12(g) of the Convention.

The Committee hopes that the Government will be in a position to indicate the measures which have been taken to bring the provisions on recruitment into conformity with the principle of equality of opportunity and treatment in employment established by Articles 10 and 12(g) of the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. With reference to its previous comments, it also notes the adoption in November 1990 of the new Labour Act, which comes into effect on 1 May 1991. It notes further that the new Labour Act reproduces provisions from the previous Labour Act which the Committee had previously indicated were not in conformity with the Convention, and has even moved them further from the Convention's requirements.

1. The Committee notes that section 27 of the Labour Act provides that not less than 90 per cent of the employees in any undertaking shall be Venezuelans (as compared with 75 per cent in the earlier Labour Act), and that the wages of foreign staff shall not exceed 20 per cent of the total wages paid to the employees. This provision is not compatible with Article 10 of the Convention which provides for equality of opportunity and treatment in employment, including access to employment. The Committee therefore requests the Government to indicate the measures it intends to take to ensure the observance of the Convention in this respect.

2. The Committee notes that section 404 of the Labour Act, reproducing the same provision in the earlier Labour Act, prescribes that an alien who has resided in the country for more than ten years may, subject to the approval of the ministry concerned, be permitted to become a member of the management committee of a trade union. This provision is not in conformity with Article 10 of the Convention, which provides for equality of treatment in trade union rights without any limitation. The Committee hopes that the Government will take the necessary measures to amend section 404 of the Act, in order to give full effect to the Convention on this point.

3. The Committee again requests the Government to specify the categories of employment that are restricted for migrant workers under Article 14, paragraph (c), of the Convention, providing that access may only be restricted to limited categories of employment or functions where this is necessary in the interests of the State.

4. Point V of the report form. The Government is asked once again to supply information on the number and composition of foreign nationals employed in Venezuela and the number of Venezuelan nationals employed abroad, in addition to the other information on the practical application of the Convention called for in point V of the report form.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the Government's report according to which the Committee's comments will be brought to the attention of the Congress, which is debating draft labour legislation. The Committee therefore hopes that the new legislation will give effect to the following provisions of the Convention:

1. The Committee notes that section 179 of the Labour Act provides that an alien who has resided in the country for more than ten years may, subject to the approval of the ministry concerned, be permitted to become a member of the management committee of a trade union. The Committee requests the Government to indicate the measures that have been adopted to give effect to Article 10 of the Convention which provides for equality of opportunity and treatment in respect of trade union rights, thereby permitting migrant workers to hold trade union office after a reasonable period of residence in the country and without the prior authorisation of the ministry concerned.

2. The Committee notes that section 18 of the Labour Act provides that not less than 75 per cent of the employees in any undertaking shall be Venezuelans, except where, in the opinion of the competent labour inspector, a temporary reduction of the above percentage is necessary for technical reasons, and that sections 23 to 27 of the Labour Regulations, 1973, contain provisions for implementing this section.

The Committee requests the Government to indicate the measures that have been taken to give effect to Article 10 of the Convention which provides for equality of opportunity and treatment in respect of access to employment.

3. The Committee notes that, under section 3 of the Aliens Act, 1937, aliens may not be engaged in public offices, with limited exceptions authorised by the Federal Executive. In addition, under section 18 of the Labour Code, aliens cannot occupy the posts of foremen and salary earners directly placed over the workers in general, except in the case of specially skilled workers, and, under section 25 of the Labour Regulations, industrial relations officers, personnel officers, masters of ships and captains of aircraft, foremen or any persons exercising similar functions shall in every case be Venezuelans. Since, under Article 14(c) of the Convention, access may only be restricted to limited categories of employment or functions where this is necessary in the interests of the State, the Committee requests the Government to supply information on the measures that have been taken to secure the implementation of Articles 10 and 14(c) of the Convention in this respect. It also once again requests the Government to specify the categories of employment that are restricted for migrant workers under Article 14(c) of the Convention (see paragraph 359 of the 1980 General Survey on Migrant Workers).

Point V of the report form. The Government is asked once again to supply information on the number and composition of foreign nationals employed in Venezuela and the number of Venezuelan nationals employed abroad, in addition to the other information on the practical application of the Convention called for in point V of the report form.

The Committee takes due note of the information supplied by the Government on the application of the other provisions of the Convention referred to in its previous direct request.