Venezuela

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Venezuela’s overall score is 83.5 out of 100. The overall score for Venezuela is greater than the regional average observed across Latin America and The Caribbean (73). Within Latin America and The Caribbean, the highest score is observed in Brazil (85.5).

Venezuela ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1982 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1968.

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§95, Constitution 1999; §353-356, 374, 376, 377, 412, 418 & 536, Organic Labour Law for Workers, 2012 (OLLW, 2012)

Does the law allow workers to bargain collectively with employers through their representative unions?

Yes

1

§6, 356, 431-440 & 442 of the Organic Labour Law for Workers, 2012 (OLLW, 2012)

Does the law provide for the right to strike?

No

0

§441 & 465 of the Organic Labour Law for Workers, 2012 (OLLW, 2012)

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§489 of Organic Labour Law for Workers, 2012 (OLLW, 2012)

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link

Information

Source: §95, Constitution 1999; §353-356, 374, 376, 377, 412, 418 & 536, Organic Labour Law for Workers, 2012 (OLLW, 2012)

Information

Source: §6, 356, 431-440 & 442 of the Organic Labour Law for Workers, 2012 (OLLW, 2012)

A : National Law

National Labour Legislation

"Article 435 The collective labor agreement will have a duration that may not be more than three years nor less than two years, notwithstanding that the agreement provides for clauses that can be reviewed in shorter periods."

Information

Source: §441 & 465 of the Organic Labour Law for Workers, 2012 (OLLW, 2012)

A : National Law

National Labour Legislation

" Art 441; Negotiations of the collective labor agreement will not exceed one hundred and eighty continuous days. The parties may, by mutual agreement, establish extensions to this period, when they consider it appropriate. Art 465; When the Labor Regulatory Meeting does not culminate in a definitive agreement, the Ministry of Popular Power with jurisdiction over labor and social security will submit the differences to mediation based on what is established in the Organic Procedural Law of Labor for the processing of the labor hearing. mediation.If conciliation is not possible, the labor official, at the request of the party or ex officio, will submit the conflict to arbitration based on the provisions of this Law, unless the participating union organizations inform the official that presides over the Meeting, its purpose of exercising the right to strike. Article 486 ...The right to strike may be exercised in public services when its stoppage does not cause irreparable damage to the population or to institutions"

Information

Source: §489 of Organic Labour Law for Workers, 2012 (OLLW, 2012)