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

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

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.