Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in August 2008. The Government refers to the strategic guidelines for the economic and social development plan 2007–13 and the specific measures adopted in agriculture. In relation to Article 4, the Government states that in 2008 agricultural projects worth US$6 billion were funded, increasing food production by 39 percentage points, restoring irrigation systems and creating five mixed enterprises for food processing in the context of the Bolivarian Alternative for the Americas. The Committee refers to its other comments on the application of the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142), which are related to Convention No. 117, and hopes that the Government will include in its next report on the present Convention an up to date summary of the manner in which the “improvement of standards of living” has been regarded as “the principal objective in the planning of economic development” (Article 2 of Convention No. 117).

Part IV. Remuneration of workers. With regard to the amount of advances on wages, the Government again refers to section 165 of the Organic Labour Act, which states that, for the whole duration of the employment relationship, any debts incurred by workers vis-à-vis the employer may only be paid off on a weekly or monthly basis in quantities which shall not exceed one third of the equivalent of the weekly or monthly wage, as the case may be. The Government explains that all debts incurred by any worker vis-à-vis the employer during the employment relationship shall be paid off on a weekly or monthly basis in quantities proportional to the monthly wage received. The Committee understands that that provision is designed to limit the maximum amount and manner of repayment of advances on wages. Furthermore, the Government explains that, as regards the possibility that a worker may be enticed into accepting employment and subsequently be obliged to repay any advances, the principles of irrecoverability and availability of wages make it impossible for a worker to be enticed into accepting employment and then be obliged to offset or repay any advance. The Committee requests the Government to provide information in its next report on any court rulings or administrative decisions covering the abovementioned matters of principle to ensure the application of Article 12(2) and (3) of the Convention.