Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Protection of Wages Convention, 1949 (No. 95) - Venezuela (Bolivarian Republic of) (Ratification: 1982)

Article 2 of the Convention. Scope of application. The Committee notes the adoption of the Basic Labour Act (Official Gazette of 7 May 2012). With regard to its previous comment concerning the exclusion of domestic workers from the coverage of the previous Basic Labour Act, the Committee notes with interest section 207 of the new Act which provides that domestic workers such as drivers, waiters, cooks, gardeners, nannies, launderers, pressers and other similar categories will be covered by the Act in every respect. It also notes that under section 208 of the Act specific legislation will be adopted in full consultation with the workers’ organizations concerned to regulate the employment relationship of domestic workers. The Committee requests the Government to keep the Office informed of further developments in this respect, and to transmit the new legislation on domestic workers once it has been adopted.

Articles 8 and 10. Deductions from wages – Attachment of wages. The Committee notes that section 103 of the new Basic Labour Act, which to a large extent reproduces the provision of section 132 of the previous Basic Labour Act, no longer provides that wages may be pledged as guarantee under the conditions and within the limits determined by law. The Committee also notes that whereas section 162 of the previous Basic Labour Act provided that part of the wages equal to the minimum wage is unattachable and fixed to one fifth or to one third the maximum percentage of the part exceeding the minimum wage which could be subject to attachment, section 153 of the new Basic Labour Act allows the attachment of wages for the payment of alimony or the settlement of loans or other obligations without however fixing any overall limits. The Committee therefore requests the Government to specify: (i) the types of authorized deductions other than the deduction of fees provided for in section 103 of the new Basic Labour Act; (ii) the limits within which such deductions may be made other than the limit set out in section 151 of the Act for the reimbursement of loans granted by the employer; and (iii) the overall limit, if any, applicable in the case of attachment of wages pursuant to section 153 of the Act.

Article 9. Deductions from wages for the purpose of obtaining or retaining employment. Noting that the new Basic Labour Act contains no provisions explicitly prohibiting any deduction from wages with a view to ensuring a direct or indirect payment made by a worker to an employer for the purpose of obtaining or retaining employment, the Committee again requests the Government to indicate how effect is given to this requirement of the Convention.

Article 12(2). Final settlement of wages upon termination of the employment. The Committee notes section 154 of the new Basic Labour Act, which reproduces the provision of section 162 of the previous Basic Labour Act concerning the repayment of any debts that a worker may owe to his/her employer at the end of the employment relationship. The Committee again requests the Government to indicate the measures taken or envisaged to ensure that, upon the termination of a contract of employment, all outstanding payments of wages are made promptly as required under this Article of the Convention.

Article 15(d). Payroll records. The Committee notes the Government’s reference to section 106 of the new Basic Labour Act which sets out the employer’s obligation to issue at the time of each payment of wages a payslip including details on the amount of the wages paid and any deductions made. The Committee requests the Government to indicate whether employers are required, apart from providing wage statements, to maintain also payroll records for inspection purposes, as prescribed by this Article of the Convention.