Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report and attached documentation.

1. For some years, the Committee has raised questions regarding the definition in the legislation of the concept of "equal work ", the elements that are considered to constitute remuneration, and the manner in which conditions of efficiency and capability are taken into account in determining wages for different occupations. For clarity on this point, the Committee takes note of the chronology of the relevant legislation. In past responses to the Committee's direct requests, the Government has stated that article 87 of the Venezuelan Constitution and section 73 of the 1936 Labour Act guarantee equality of remuneration between men and women. The principle expressed in section 73, which provided that the quantity and quality of services rendered must be taken into account in fixing the wages or salary for each type of work, was carried over into section 130 of the 1990 Organic Labour Act. Section 135, the equal remuneration provision of the 1990 Organic Labour Act, provided that "equal wages or salary shall be paid for equal work performed in equivalent positions, the same work hours and under the same conditions of efficiency. To this end, the worker's ability relative to the type of work performed shall be taken into account". The language of sections 130 and 135 were subsequently incorporated into the Organic Labour Act of 1997. In past reports, the Government has made reference to rulings by the Supreme Court of Justice interpreting the concept of equal pay for work of equal efficiency and ability in the context of section 73 of the pre-1990 labour law. In light of the Government's statement that the Supreme Court may break with precedent when ruling on new legislation, the Committee requests the Government to provide information regarding the manner in which sections 130 and 135 of the Organic Labour Act of 1997 have been interpreted by the Court, and to supply copies of any relevant decisions rendered.

2. The Committee recalls that the principle of equality within the meaning of Article 1 of the Convention refers to equal remuneration for men and women workers for work of equal value (see 1986 General Survey on equal remuneration, paragraphs 19 to 23, 52 to 70 and 138 to 152). In this regard, the Committee notes with interest the tripartite agreement between the Government, the Federation of Chambers of Commerce and Business and Manufacturing Associations (FEDECAMARAS) and the Confederation of Venezuelan Workers (CTV), noting particularly the reference in the agreement to the creation of a tripartite ad hoc committee charged with drafting the instruments necessary to bring Venezuelan legislation and practice into compliance with international labour norms adopted by the Government. The Committee requests the Government to provide, in its next report, a copy of the Order of 5 May 1997 referred to in the tripartite agreement. The Government is also asked to keep the Committee informed of the status of the tripartite ad hoc committee, providing full information on any recommendations made by that committee relevant to application of the Convention.

3. In connection with the application of Article 3, the Committee notes with interest the Job Classification Manuals for the Public Sector provided by the Government. It notes that posts in the public service are placed in classes under the same heading, depending upon the type and purpose of the work, and are assigned grades based upon the minimum requirements of the work, its relative complexity, the amount of duties and responsibilities corresponding to the work, and working conditions, without distinction as to the sex of the worker. The Committee recalls that job evaluation is a formal procedure which, through analysing the content of jobs, seeks to rank those jobs in terms of their value. Its aim is to evaluate the job and not the individual worker. In light of the language of sections 130 and 135 of the Organic Labour Act, the Committee requests the Government to indicate the measures taken or contemplated to promote the objective appraisal of jobs on the basis of the work to be performed and to ensure that criteria such as efficiency, productivity and capability are not applied in a discriminatory manner in violation of the principle of the Convention.

4. Further to its previous comments, the Committee again requests the Government to provide information in response to the comments made by the International Organization of Employers (IOE) holding that the Government had not implemented the measures recommended by the Governing Body in its May 1993 report (GB.256/15/16) regarding the representation made by FEDECAMARAS and the IOE under article 24 of the ILO Constitution. Specifically, the Government is asked to indicate whether it has implemented or contemplates implementing the Governing Body Committee's recommendations regarding compliance with this Convention that measures should be taken to ensure that no differentiation is made on the grounds of sex between benefits paid by employers to men and women workers who adopt minors or who become foster parents with a view to adoption.

5. The Government indicated in a past report that the National Costs, Prices and Wages Board issues wage recommendations which are based on the principle of equality. The Committee requests the Government to provide information on the measures adopted in practice by the Board to promote the application of the principle of equal remuneration for men and women workers for work of equal value, and to provide copies of recommendations issued by the Board.

6. The Committee notes the Government's statement in a previous report that the application of the principle of equal remuneration is entrusted principally to labour inspectors. The Committee requests the Government to supply information in its next report on the number of inspections carried out relative to the application of the Convention, the number of violations found, action taken and sanctions imposed, if any.