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

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

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

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

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Wage gap and statistical data. The Committee notes that, according to the report of July 2008, of the total number of women who were fit for work, 92.9 per cent were employed, while the total for men was 92 per cent. However, this information does not allow the Committee to gain an understanding of the employment situation of women and their remuneration. The Committee asks the Government to provide detailed information on the sectors of employment, hierarchical level and remuneration of women in comparison with men.

In 2007, the Committee noted, for example, that the Equality for Women Plan 2004–09 establishes amongst its main pillars “promoting (…) mechanisms to reduce the wage gap between men and women”. The Committee asks the Government to provide the documentation prepared by the Ministry for Women and other State bodies on the wage gap recognized in the Plan and on its causes and extent, as well as on the mechanisms to reduce the wage gap that the Plan proposes to apply during the period 2004–09, together with indications on the effect given to these mechanisms in practice.

Legislative reforms. Article 24 of the ILO Constitution. Follow up to the recommendations of document GB.256/15/16. In the above-noted document, it was recommended that the Government should not establish differences on grounds of sex between the benefits paid by employers to men and women workers who adopt children. The Committee notes that, according to the Government’s report, the Act for the protection of families, maternity and paternity, published in September 2007, establishes equal protection for fathers and mothers, security of employment for the father, whether he is a natural or adoptive parent, and paternity leave, among other measures. The Committee asks the Government to indicate whether other differentiated benefits paid by employers to men and women workers who adopt children are still in force.

Equal remuneration for men and women for work of equal value. With reference to paragraph 4 of its previous direct request, the Committee urges the Government, when reforming the labour legislation to which it referred, to ensure the inclusion of the principle of equal remuneration for men and women for work of equal value and to provide information in this respect.

In general, the Committee asks the Government to provide more information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. The wage gap and statistical data. With reference to its previous comments, the Committee notes that, according to the Government’s report, the Bolivarian Republic of Venezuela does not have statistics disaggregated by sex indicating the remuneration received and the number of workers employed in the various occupational categories, either for the public or the private sector. The Committee recalls that in its general observation of 1998, it indicated that more complete information is required in order to permit an adequate evaluation of the nature, extent and causes of the pay differential between men and women and the progress achieved in implementing the principle of the Convention. Accordingly, in order to assist the Committee in evaluating the application of the principle of the Convention, the Committee requested governments to provide the fullest possible statistical information, disaggregated by sex. Furthermore, the Committee considers that, in order to be able to formulate an effective policy to promote the principle set out in the Convention of equal remuneration for men and women for work of equal value, it is necessary for governments to have the most accurate analysis possible on the persistence of the wage gap between men and women. The Committee notes that the Equality Plan for Women 2004–09, presented by the President of National Institute for Women (INAMUJER), includes among its proposed action “encouraging the production of annual socio-economic statistics with a gender dimension in all agencies which produce them” and “promoting the right to just remuneration for women and mechanisms to reduce the wage gap between men and women”. Furthermore, under the same Plan, “the process of formulating the analysis revealed the great quantity of national statistics that are not disaggregated by sex, which makes it difficult to gain a better understanding of the real situation of Venezuelan women”. The Committee asks the Government to compile and provide copies of studies, surveys and statistical data which in any way provide an indication of the wage gap between men and women by sector. Furthermore, it requests copies of the materials produced by INAMUJER on these issues, as well as information on the implementation of the action outlined in the Plan in relation to the compilation of statistics disaggregated by sex and mechanisms to reduce the wage gap. The Committee further asks the Government to provide information on the activities undertaken or envisaged by INAMUJER in relation to the principles set out in the Convention.

2. Objective appraisal of jobs. The Committee notes that, according to the Government, staff evaluation is carried out under the same format irrespective of whether the work is performed by a man or a woman. The Committee refers to the previous direct request in which it explained that the objective appraisal of jobs involves the adoption of some technique to measure and compare objectively the work performed. Moreover, in its general observation on the Convention of 2006, the Committee indicated that “Whatever methods are used for the objective evaluation of jobs, particular care must be taken to ensure that they are free from gender bias: it is important to ensure that the selection of factors for comparison, the weighting of such factors and the actual comparison carried out, are not inherently discriminatory. Often skills considered to be ‘female’, such as manual dexterity and those required in caring professions, are undervalued or even overlooked, in comparison with traditionally ‘male’ skills, such as heavy lifting.” The Committee hopes that the Government will provide more detailed information on objective job evaluation methods used in its next report.

Legislative reforms

3. Article 24 of the ILO Constitution. Follow-up to the recommendations contained in document GB.256/15/16. With regard to the effect given in practice to the recommendations made in the report adopted in 1993 by the Governing Body on the representation made by the International Organisation of Employers (IOE) and the Federation of Chambers of Industry and Commerce of Venezuela (FEDECAMARAS), the Government indicated in previous reports that in the near future a reform of the labour legislation would prevent the establishment of any differentiation on grounds of sex between the benefits paid by employers to men and women workers who adopt children or become adoptive parents for the purposes of adoption. In its comments in 2004, the Committee noted that, according to the Government, the amendments to the Basic Labour Act were undergoing their second discussion by the National Assembly and that to a large extent they took up the recommendations of the Governing Body. It also noted that in Ruling No. 1168, of 15 June 2004, the Supreme Court of Justice set a maximum limit of six months from the publication of the ruling, that is up to 15 December 2004, to prepare, hold consultations on and approve the Bill amending the Basic Labour Act. The Government’s report indicated that the amendment of the Act is included on the 2006 agenda of the National Assembly. Given that for many years the Committee has been asking the Government to give expression in law to the recommendations made by the Governing Body in document GB.256/15/16, adopted in 1993, the Committee urges the Government to ensure that these recommendations are addressed through the current reform process. Please keep the Committee informed in this respect.

4. Equal remuneration for men and women for work of equal value. In its previous comments, the Committee noted that the Equal Opportunities for Women Act, published in the Official Gazette of 26 October 1999, refers in section 11 to “the same remuneration for equal work”. The Committee reminded the Government that the Convention requires equal remuneration for work of equal value, which is broader than the same work. The Committee refers to its general observation of 2006, in which it indicated that “In order to address such occupational segregation, where men and women often perform different jobs, under different conditions, and even in different establishments, the concept of ‘work of equal value’ is essential, as it permits a broad scope of comparison. ‘Work of equal value’ includes but goes beyond equal remuneration for ‘equal’, the ‘same’ or ‘similar’ work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value. Furthermore, the application of the Convention’s principle is not limited to comparisons between men and women in the same establishment or enterprise. It allows for a much broader comparison to be made between jobs performed by men and women in different places or enterprises, or between different employers.” Furthermore, in paragraph 6 of its general observation, the Committee emphasized the importance of reforming legislation as follows: “Noting that several countries still retain legal provisions that are narrower than the principle as laid down in the Convention, as they do not give expression of the concept of ‘work of equal value’, and that such provisions hinder progress in eradicating gender-based pay discrimination against women at work, the Committee urges the governments of those countries to take the necessary steps to amend their legislation. Such legislation should not only provide for equal remuneration for equal, the same or similar work, but also prohibit pay discrimination that occurs in situations where men and women perform different work that is nevertheless of equal value.” In view of the current activities to reform the labour legislation indicated by the Government, the Committee urges the Government, when amending the labour legislation, to ensure that the principle of equal remuneration for men and women for work of equal value is fully reflected. Please keep the Committee informed in this respect.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The wage gap and statistical data. With reference to its observation in 2003, the Committee once again asks the Government to indicate the manner in which policies and reforms are facilitating the access of women to posts of greater responsibility and are contributing to narrowing the wage gap between men and women. While noting the statistical data provided by the Government, it observes that these data do not refer to the various occupational categories of men and women workers. In order to assist the Committee in evaluating the application of the principle set out in the Convention, the Committee reiterates its request to the Government to provide statistical information disaggregated by sex indicating the earnings received and the number of men and women employees in the various occupational categories in both the public and the private sectors, in accordance with its general observation of 1998 (see in particular paragraphs (i) and (ii) of the general observation).

2. Objective appraisal of jobs. The Committee notes the document attached to the Government’s report entitled "Evaluation system of the work performed by employees". It notes that this document refers to the appraisal of jobs and recalls that in its request of 2003 the Committee referred to objective evaluation methods. It notes that the reference in Article 3 of the Convention to objective appraisal of jobs is different from the concept of the performance evaluation of the employee. The Committee points out that the objective evaluation of jobs involves the adoption of some technique to measure and compare objectively the relative value of the jobs performed. Because men and women tend to perform different jobs, a technique to measure the relative value of jobs with varying content is critical to eliminating discrimination in the remuneration of men and women. On this subject, please see paragraphs 138 to 152 of the 1986 General Survey on equal remuneration. The Committee hopes that the Government will adopt measures to promote such evaluation and asks it to keep the Committee informed of the progress achieved.

3. Labour inspection. The Committee notes the attached information materials on the work of the General Directorate of the Labour Inspectorate and its operational plan, which has the objective of strengthening the labour supervision system and the capacity of the labour inspection services. The Committee would be grateful if the Government would provide copies of the reports of the labour inspectorate on the subjects covered by the Convention, as well as information on any training courses held on this subject.

4. Article 24 of the Constitution. Follow-up of the recommendations contained in document GB.256/15/16. The Committee also notes the information provided by the Government in relation to the comments made in paragraph 4 of its previous direct request on the implementation of the measures recommended in the report adopted by the Governing Body in 1993 on the representation made by the International Organisation of Employers (IOE) and the Federation of Chambers of Industry and Commerce of Venezuela (FEDECAMARAS). The Government indicates that the amendments to the Basic Labour Act are undergoing their second discussion by the National Assembly and that to a large extent they take up the recommendations of the Governing Body. It also attached a copy of Decision No. 1168 of 15 June 2004 in which the Supreme Court of Justice sets a maximum limit of six months from the publication of the ruling, that is up to 15 December 2004, to prepare, hold consultations on and approve the Bill amending the Basic Labour Act. The Committee asks the Government to provide information on the extent to which the amendments incorporate the recommendations referred to above and to continue providing information on the process of the adoption of the Bill to amend the Basic Labour Act.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Further to its observations, the Committee notes the Government’s report, and asks the Government to reply to the following points.

1. The Committee notes that the Equal Opportunities for Women Act, published in the Gaceta Oficial of 26 October 1999, refers in section 11 to "the same remuneration for equal work". The Committee reminds the Government that the Convention requires equal remuneration for work of "equal value" which is broader than the same work. The "value" of work allows for comparisons to be made between different types of work or work in different occupations. The Committee asks the Government to consider the possibility of amending its legislation so as to allow for the full application of the principle of equal remuneration between men and women workers for work of equal value.

2. The Committee again observes that the Government’s report makes no reference to the adoption of objective job appraisal methods. It reminds the Government that, when the value of different jobs has to be compared, it is important to have methods and a procedure which are easy to use and accessible and which ensure that sex is not taken directly or indirectly into consideration as a criterion for comparison. By using a job evaluation method, it is also possible to ascertain whether work deemed to be typically "female" is undervalued because of gender-related stereotypes. The Committee urges the Government to take measures to this end.

3. The Committee notes that, according to the information supplied by the Government in its report, the labour inspection services confine their work to ascertaining whether minimum wages are paid. The Committee reminds the Government that the principle of equal remuneration applies not only to "minimum wages". The Committee wishes to recall the importance of an efficient labour inspection system as an instrument for detecting, containing and preventing discrimination in the form of different remuneration between men and women workers for work of equal value. The Committee asks the Government to provide information in its next report on measures taken or envisaged to enable the labour inspectorate to monitor full compliance with the principle enshrined in the Convention. Please also provide copies of the inspectors’ reports and information on any penalties applied for breach of the abovementioned principle.

4. The Committee once again notes that the Government has sent no information on the implementation of the measures recommended in May 1993 in the report of the committee established by the Governing Body (document GB.256/15/16) to examine the representation made by the International Organisation of Employers (IOE) and the Federation of Chambers of Industry and Commerce (FEDECAMARAS), submitted under article 24 of the ILO Constitution. In its previous report, the Government stated that a forthcoming labour reform would make it possible to preclude any gender-based differentiation in the benefits paid by employers to men workers and women workers who adopt minors or become adoptive parents for the purposes of adoption. The Committee asks the Government to provide information on measures taken in this respect.

5. The Committee again asks the Government to report on any progress made in putting the National Costs, Prices and Wages Board back into operation.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the report sent by the Government, the communication sent by the International Confederation of Free Trade Unions (ICFTU), received by the Office on 22 November 2002, and the Government’s comments thereon.

The Committee notes that, according to the ICFTU, not only are women poorly represented in management posts, but their pay is on average 30 per cent less than that of men. The Committee notes the Government’s statement that public policies are being developed to achieve full equality between men and women, and that institutional and legislative reforms are under way. The Committee asks the Government to indicate in its next report how these policies and reforms are facilitating women’s access to posts of greater responsibility and are contributing to narrowing the wage gap between men and women. Please also provide statistical information disaggregated by sex on remuneration and the number of workers employed in the various occupational categories in both the public sector and the private sector in accordance with the Committee’s 1998 general observation.

The Committee is addressing a request directly to the Government in respect of other matters.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the report of the Government, received on 8 November 2002, and the comments of the International Confederation of Free Trade Unions (ICFTU), received on 22 November 2002, on the application of the Convention. The comments have been forwarded to the Government. The Committee will address the Government’s report and the ICFTU’s comments, together with any reply the Government may wish to make thereon, at its next session.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information provided by the Government in its report.

1. The Committee notes the Government’s statement that the recently created Supreme Justice Tribunal, formerly the Supreme Court of Justice, has not issued any ruling concerning the interpretation of sections 130 and 135 of the Organic Labour Act of 1997 and that, consequently, the previous interpretative rulings retain their full binding force. The Committee asks the Government to send copies to the Office of any rulings which change the current case law.

2. With regard to its previous comments concerning the wording of sections 130 and 135 of the Organic Labour Act of 19 June 1997, the Committee notes that the Government has not taken any measure to promote the objective of the appraisal of jobs on the basis of the work to be performed and to ensure that criteria such as efficiency, productivity and capacity are not applied in a discriminatory manner which violates the principle set out in the Convention. The Committee draws the Government’s attention to the 1986 General Survey on equal remuneration, and particularly paragraphs 138-152, and hopes that the Government will take the appropriate measures to promote the objective appraisal of jobs on the basis of the work to be performed, through the adoption of analytical techniques for measuring and objectively comparing the relative value of the work performed, and that it will continue to provide information in this respect.

3. The Committee notes that the Government has still not implemented the measures recommended in May 1993 in the report of the Committee established by the Governing Body (doc. GB.256/15/16) to examine the representation made by the International Organisation of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), under article 24 of the Constitution of the ILO. The Government states that measures to prevent the establishment of any differentiation on grounds of sex between the benefits paid by employers to men and women workers who adopt children or become adoptive parents for the purposes of adoption can only be taken when the labour legislation is reformed which, according to the Government, will occur in the near future. The Committee hopes that the Government will renew its efforts to take the necessary measures to ensure that in the near future the above reforms are carried out and that it will continue providing information on the above process.

4. The Committee notes Decree No. 892 of 3 July 2000 fixing the national minimum wage in the public and private sectors. It notes the importance of minimum wages in contributing to the elimination of the wage differentials which can arise between men and women workers on grounds of sex. The Committee notes the Government’s statement to the effect that the National Costs, Prices and Wages Board has ceased operation, and that the Government is not overlooking the possibility of establishing dialogue with the various categories affected with a view to reactivating the above Board as soon as possible. The Committee asks the Government to continue providing information on the progress achieved in reconvening the National Costs, Prices and Wages Board, as well as information on the practical measures that are taken by other bodies with a view to determining wages and the measures that are being adopted to promote the application of the Convention.

5. In its previous comment, the Committee asked the Government to provide information on the number of inspections carried out in relation to the application of the Convention in view of the Government’s statement in previous reports that the application of the Convention was entrusted principally to labour inspectors. The Committee trusts that information will be provided in the next report on the number of inspections and the methods used by inspectors, the number of violations reported, the measures adopted and, where appropriate, the penalties imposed.

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.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that the Government's report does not reply to the comments made by the International Organization of Employers (IOE) which were mentioned in the Committee's previous direct request. The IOE stated that the Government had not implemented the measures recommended by the Governing Body Committee in May 1993 in its report (GB.256/15/16) on the representation made by the IOE and the Venezuelan Federation of Chambers and Association of Commerce and Production (FEDECAMARAS) under article 24 of the ILO Constitution, in particular with regard to its obligation to consult with representatives of employers' organizations. The Committee recalls that these comments were communicated to the Government on 28 September 1995 for its comments, which have not as yet been received. The Committee urges the Government to provide full information on the matters raised in the IOE's comments.

2. It also requests the Government once again to supply the information requested on certain points in its previous direct request to which no reply has yet been received; the text reads as follows:

(...)

3. By virtue of section 135 of the new Organic Labour Act, "equal wages or salary shall be paid for equal work performed in equivalent posts with the same hours of work and the same conditions of efficiency. To this end the worker's ability relative to the type of work performed shall be borne in mind". In this respect, the Committee renews its previous direct request concerning the components of pay which are to be understood as integral components of wages and the concept of "equal work". The Committee notes the various rulings by the Supreme Court of Justice which refer to the application of the above concept (section 73 of the former Code), which are appended to the report and which principally concern the various benefits that the applicants maintained should be considered as integral parts of the wage, both with regard to retroactive rulings and with a view to including them in severance pay upon the termination of the employment of the worker. In this respect, the Government, in response to objections to the new Act from employers and workers, has emphasized the similarity of the principles set out in the previous Labour Code and the Act which is currently in force. Since the Government has maintained that in the past the application of the above principles was not questioned, the Committee requests it to state: (a) the force of the rulings handed down (that is, whether under Venezuelan law the above rulings will continue to be obligatory for the Supreme Court and for lower courts); and (b) since they deal with the new Organic Labour Act (and particularly the definition of remuneration contained in section 133), whether the case-law could vary in future.

4. With regard to the public sector, the Committee once again requests the Government to supply the text of the Job Classification Manual for the Public Sector, which it has not received.

5. The Committee notes the Government's statement that the application of the principle of equal remuneration is entrusted principally to labour inspectors and 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 supply information on the measures adopted in practice by these bodies to promote the application of the principle of equal remuneration for men and women workers for work of equal value, based on an objective appraisal of jobs.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the Government's short report to which is attached a copy of the General Metropolitan Police Regulations of 1995 and copies of the collective agreements in response to its earlier direct request.

1. The Committee notes, however, that the Government's report does not reply to the comments made by the International Organization of Employers (IOE) which were mentioned in the Committee's previous direct request. The IOE stated that the Government had not implemented the measures recommended by the Governing Body Committee in May 1993 in its report (GB.256/15/16) on the representation made by the IOE and the Venezuelan Federation of Chambers and Association of Commerce and Production (FEDECAMARAS) under article 24 of the ILO Constitution, in particular with regard to its obligation to consult with representatives of employers' organizations. The Committee recalls that these comments were communicated to the Government on 28 September 1995 for its comments, which have not as yet been received. The Committee urges the Government to provide full information on the matters raised in the IOE's comments.

2. It also requests the Government once again to supply the information requested on certain points in its previous direct request to which no reply has yet been received; the text reads as follows:

(...)

3. By virtue of section 135 of the new Organic Labour Act, "equal wages or salary shall be paid for equal work performed in equivalent posts with the same hours of work and the same conditions of efficiency. To this end the worker's ability relative to the type of work performed shall be borne in mind". In this respect, the Committee renews its previous direct request concerning the components of pay which are to be understood as integral components of wages and the concept of "equal work". The Committee notes the various rulings by the Supreme Court of Justice which refer to the application of the above concept (section 73 of the former Code), which are appended to the report and which principally concern the various benefits that the applicants maintained should be considered as integral parts of the wage, both with regard to retroactive rulings and with a view to including them in severance pay upon the termination of the employment of the worker. In this respect, the Government, in response to objections to the new Act from employers and workers, has emphasized the similarity of the principles set out in the previous Labour Code and the Act which is currently in force. Since the Government has maintained that in the past the application of the above principles was not questioned, the Committee requests it to state: (a) the force of the rulings handed down (that is, whether under Venezuelan law the above rulings will continue to be obligatory for the Supreme Court and for lower courts); and (b) since they deal with the new Organic Labour Act (and particularly the definition of remuneration contained in section 133), whether the case-law could vary in future.

4. With regard to the public sector, the Committee once again requests the Government to supply the text of the Job Classification Manual for the Public Sector, which it has not received.

5. The Committee notes the Government's statement that the application of the principle of equal remuneration is entrusted principally to labour inspectors and 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 supply information on the measures adopted in practice by these bodies to promote the application of the principle of equal remuneration for men and women workers for work of equal value, based on an objective appraisal of jobs.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes that it has not received the Government's report. It has, however, received the comments of the International Organization of Employers (IOE) stating that the Government has not implemented the measures recommended by the Governing Body Committee in May 1993 (GB.256/15/16) in its report on the representation made by the IOE and the Venezuelan Federation of Chambers and Association of Commerce and Production (FEDECAMARAS) under article 24 of the ILO Constitution, in particular with regard to its obligation to consult with representatives of employers' organizations. The Committee notes that these comments were communicated to the Government on 28 September 1995 for its comments, which has not as yet sent its observations. The Committee hopes that a report will be supplied for examination at its next session, and that it will contain full information on the matters raised in the IOE's comments and in its previous direct request, which read as follows:

The Committee notes the information supplied by the Government in its reports. It also notes the conclusions of the Committee set up to examine the representation made by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Association of Commerce and Production (FEDECAMARAS), under article 24 of the ILO Constitution, which were approved by the Governing Body in May 1993 (document GB.256/15/16). In paragraph 90(c)(i), the above Committee recommends that: "the Government should take measures to ensure that no differentiation is made on the grounds of sex between benefits paid by the employer to men and women workers who adopt minors or who become foster parents with a view to adoption, in compliance with Convention No. 100 and in view of the requirements of Convention No. 156." In view of this recommendation, the Committee requests the Government to supply full and detailed information in this respect.

1. With reference to the coming into force of the new Organic Labour Act on 1 May 1991 and in particular section 7 (which excludes members of the armed forces and the police forces from the scope of the Act), the Committee would be grateful if the Government would indicate the regulations which apply the principle of the Convention to these persons.

2. The Committee would be grateful if the Government would provide information on the regulations which have been adopted or which are envisaged so as to give full effect to section 130 of the Organic Labour Act to establish an objective method of evaluation so that "in fixing the amount of the wage ... account shall be taken of the quantity and quality of the services to be rendered ...", thereby giving effect to the principle of equal wages for work which is of a different nature but of equal value. The Committee notes the 1990 collective agreement respecting the Consolidated Bank, the text of which was supplied in the report, and once again requests the Government to supply with its next report copies of collective agreements in sectors in which a large proportion of women workers are employed.

3. By virtue of section 135 of the new Organic Labour Act, "equal wages or salary shall be paid for equal work performed in equivalent posts with the same hours of work and the same conditions of efficiency. To this end the worker's ability relative to the type of work performed shall be borne in mind". In this respect, the Committee renews its previous direct request concerning the components of pay which are to be understood as integral components of wages and the concept of "equal work". The Committee notes the various rulings by the Supreme Court of Justice which refer to the application of the above concept (section 73 of the former Code), which are appended to the report and which principally concern the various benefits that the applicants maintained should be considered as integral parts of the wage, both with regard to retroactive rulings and with a view to including them in severance pay upon the termination of the employment of the worker. In this respect, the Government, in response to objections to the new Act from employers and workers, has emphasized the similarity of the principles set out in the previous Labour Code and the Act which is currently in force. Since the Government has maintained that in the past the application of the above principles was not questioned, the Committee requests it to state: (a) the force of the rulings handed down (that is, whether under Venezuelan law the above rulings will continue to be obligatory for the Supreme Court and for lower courts); and (b) since they deal with the new Organic Labour Act (and particularly the definition of remuneration contained in section 133), whether the case-law could vary in future.

4. With regard to the public sector, the Committee once again requests the Government to supply the text of the Job Classification Manual for the Public Sector, which it has not received.

5. The Committee notes the Government's statement that the application of the principle of equal remuneration is entrusted principally to labour inspectors and 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 supply information on the measures adopted in practice by these bodies to promote the application of the principle of equal remuneration for men and women workers for work of equal value, based on an objective appraisal of jobs.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied by the Government in its reports. It also notes the conclusions of the Committee set up to examine the representation made by the International Organization of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), under article 24 of the ILO Constitution, which were approved by the Governing Body in May 1993 (document GB.256/15/16). In paragraph 90(c)(i), the above Committee recommends that: "the Government should take measures to ensure that no differentiation is made on the grounds of sex between benefits paid by the employer to men and women workers who adopt minors or who become foster parents with a view to adoption, in compliance with Convention No. 100 and in view of the requirements of Convention No. 156". In view of this recommendation, the Committee requests the Government to supply full and detailed information in this respect.

1. With reference to the coming into force of the new Organic Labour Act on 1 May 1991 and in particular section 7 (which excludes members of the armed forces and the police forces from the scope of the Act), the Committee would be grateful if the Government would indicate the regulations which apply the principle of the Convention to these persons.

2. The Committee would be grateful if the Government would provide information on the regulations which have been adopted or which are envisaged so as to give full effect to section 130 of the Organic Labour Act to establish an objective method of evaluation so that "in fixing the amount of the wage ... account shall be taken of the quantity and quality of the services to be rendered ...", thereby giving effect to the principle of equal wages for work which is of a different nature but of equal value. The Committee notes the 1990 collective agreement respecting the Consolidated Bank, the text of which was supplied in the report, and once again requests the Government to supply with its next report copies of collective agreements in sectors in which a large proportion of women workers are employed.

3. By virtue of section 135 of the new Organic Labour Act, "equal wages or salary shall be paid for equal work performed in equivalent posts with the same hours of work and the same conditions of efficiency. To this end the worker's ability relative to the type of work performed shall be borne in mind". In this respect, the Committee renews its previous direct request concerning the components of pay which are to be understood as integral components of wages and the concept of "equal work". The Committee notes the various rulings by the Supreme Court of Justice which refer to the application of the above concept (section 73 of the former Code), which are appended to the report and which principally concern the various benefits that the applicants maintained should be considered as integral parts of the wage, both with regard to retroactive rulings and with a view to including them in severance pay upon the termination of the employment of the worker. In this respect, the Government, in response to objections to the new Act from employers and workers, has emphasized the similarity of the principles set out in the previous Labour Code and the Act which is currently in force. Since the Government has maintained that in the past the application of the above principles was not questioned, the Committee requests it to state: (a) the force of the rulings handed down (that is, whether under Venezuelan law the above rulings will continue to be obligatory for the Supreme Court and for lower courts); and (b) since they deal with the new Organic Labour Act (and particularly the definition of remuneration contained in section 133), whether the case law could vary in future.

4. With regard to the public sector, the Committee once again requests the Government to supply the text of the Job Classification Manual for the Public Sector, which it has not received.

5. The Committee notes the Government's statement that the application of the principle of equal remuneration is entrusted principally to labour inspectors and 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 supply information on the measures adopted in practice by these bodies to promote the application of the principle of equal remuneration for men and women workers for work of equal value, based on an objective appraisal of jobs.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government in reply to its previous direct request.

1. The Committee notes that work in the agricultural sector is covered by the provisions of the Labour Code (as amended in 1983), by the Regulations made under the Code, and by Decree No. 1382 of 8 December 1986.

2. In its previous direct request the Committee noted that article 87 of the Constitution guarantees equal wages for equal work, and that under section 73 of the Labour Code the determination of the amount of wage in each job category takes into account the quantity and quality of the work, with the understanding that equal wages shall apply where equal work is carried out in a workplace, when the working day and the conditions of efficiency are also equal, without any differences on the basis of sex or nationality. It then observed, referring to paragraphs 44 to 65 of its 1986 General Survey on Equal Remuneration, that under the Convention the principle of equal remuneration is to apply not only to identical or similar work performed by men and women, but also to work of a different nature but of equal value. The Committee requested the Government to supply information (including copies of any court decisions) defining or illustrating the scope of the concept of "equal work" in section 73 of the Labour Code, as well as concerning the manner in which equal "conditions of efficiency" were being determined.

In its reply, the Government states that the experiences in fixing remuneration for work of equal value have been particularly significant in collective bargaining and in the public sector, although systematic information was not yet available and courts have made no decisions in this connection. The Committee notes this information. It has examined the collective agreements communicated with the Government's report, which cover security guards in the federal district and the State of Miranda, and the construction industry (which includes a job classification system). Given, however, that these sectors of activity concern by and large only the male workforce, the Committee requests the Government to include in its next report detailed information on the practical application of the principle of equal remuneration for work of equal value, in particular with regard to workers not covered by collective agreements, and with regard to men and women workers who are being paid above the minimum wage level. The Committee also requests the Government to communicate, with its next report, copies of collective agreements in industries which employ a large proportion of women workers and also to indicate the measures adopted to promote an objective appraisal of jobs on the basis of the work to be performed.

3. With regard to the public service, the Committee notes from the information provided by the Government that under the legislation in force there are no wage supplements other than the marriage allowance payable under the Social Security Act, and that in some sectors (such as the universities and other forms of education) collective agreements provide that wage supplements are paid without distinction on the basis of sex. The Committee once again requests the Government to supply a copy of the Job Classification Manual for the public sector, which was not received with the Government's report.

4. The Committee notes the Government's statement that the labour inspection is entrusted with the application of the equal remuneration principle, and that the National Costs, Prices and Wages Board issues recommendations based on equality with respect to wages. It requests the Government to provide information on the practical measures taken by these bodies to promote the application of the principle of equal remuneration for work of equal value on the basis of an objective appraisal of jobs.