Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers' Associations of Venezuela (FAPUV) regarding the application of the Convention, received on 30 August 2021. The Committee also takes note of the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP) on 8 September 2021. The Committee requests the Government to provide its comments in this respect.

Articles 1(a) and 2 of the Convention. Definition of remuneration. Legislation. In its previous comment, the Committee asked 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 Basic Act concerning labour and men and women workers (LOTTT), are considered to be remuneration so that the principle of the Convention is fully implemented. The Committee observes that, in its report, the Government once again refers to section 104 of the LOTTT, which provides a definition of “remuneration” and “normal salary”, and that remuneration is used as the basis to calculate social benefits. The Committee notes, however, that section 105 of the LOTTT continues to enumerate social benefits that are not considered to form part of remuneration. The Committee therefore urges the Government to amend its legislation to ensure that all additional benefits received by workers and arising out of their employment, such as those set out in section 105 of the LOTTT, are considered as remuneration for the purposes of applying the principle of equal remuneration for work of equal value set out in the Convention.

Articles 1(b) and 2. Equal remuneration for men and women work of equal value. Legislation. Since 2003, the Committee has been referring to the need to include in the legislation the principle of equal remuneration for men and women for work of equal value. The Committee notes that the Government reiterates in its report that section 109 of the LOTTT, which provides for the principle of equal salary for equal work, is in line with the principle of the Convention. It also clarifies that distinctions in salary may be made depending on productivity or reasons founded in criteria foreseen by law, such as family responsibilities, seniority, professional training, assiduity, savings in raw materials, union membership and others. The Committee is bound once again to draw the Government’s attention to the fact that provisions that limit equal remuneration to “equal”, “the same”, “similar” or “substantially similar” are narrower than what is required by the Convention (see General Survey of 2012 on the fundamental Conventions, paragraph 677). The Committee once again requests the Government to take the necessary measures without delay to amend section 109 of the LOTTT in order to give full legislative expression to the principle of the Convention. It also asks the Government to provide information on how section 109 of the LOTTT is applied in practice.

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