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

Equal Remuneration Convention, 1951 (No. 100) - Venezuela (Bolivarian Republic of) (Ratification: 1982)

Article 1(a) of the Convention. Definition of remuneration. In its previous comment, the Committee noted the provisions of sections 104 and 105 of the Basic Act concerning labour and men and women workers (LOTTT), of 30 April 2012, respecting wages and social benefits not considered to be remuneration. Food benefits for men and women workers are included among the social benefits not considered to be remuneration. On that occasion, the Committee recalled that the Convention sets out a very broad definition of the term “remuneration” designed to encompass all elements that a worker may receive for his or her work, in addition to the basic wage. In its 2012 General Survey on the fundamental Conventions, paragraph 687, the Committee indicated that if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package.

The Committee notes the information provided by the Government in its report in relation to the constitutional and legal provisions in force respecting wages and the food benefit commonly known as the Cestaticket. The Government also refers in its report to the increase in the minimum wage between 1992 and 2017, and in the overall average wage (including the food benefit) between 1999 and 2017. With regard to the food benefit system the Committee refers to its comments on the Protection of Wages Convention, 1949 (No. 95). Recalling that the application of the Convention requires the examination of equality both in relation to the job and the remuneration received, the Committee once again asks the Government to adopt the necessary measures to ensure that all the additional benefits received by workers and arising out of their employment, such as those set out in section 105 of the LOTTT, including the food benefit and the benefits paid under the social security system, are considered to be remuneration so that the principle of the Convention is fully implemented, and requests the Government to provide information on any progress made in this respect.

Article 1(b). Equal remuneration for work of equal value. Legislation. In its previous comment, the Committee noted that, for several years it has been referring to the need to incorporate the principle of the Convention in legislation. It had noted with regret that the Government had not taken the opportunity afforded by the adoption of the LOTTT to include the principle of equal remuneration for men and women for work of equal value. In the absence of information indicating any developments in this respect and, as the concept of “work of equal value” is central to the fundamental right of equal remuneration for men and women for work of equal value and the promotion of equality, the Committee once again requests the Government to take the necessary measures to amend section 109 of the LOTTT in order to give full legislative expression to the principle of the Convention.

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