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

Venezuela (Bolivarian Republic of)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1944)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1982)

In order to provide a comprehensive view of the issues related to the application of ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos. 26 (minimum wage) and 95 (protection of wages) together.

The Committee takes note of the observations of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) on the application of the Convention No. 26, received on 1 September 2021. The Committee also takes note of the joint observations regarding Convention No. 26 of the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Federation of Higher Education Workers in Venezuela (FETRAESUV), the National Federation of Administrative Professionals and Technicians of the Universities of Venezuela (FENASIPRUV), the National Federation of Labour Unions of Higher Education Workers in Venezuela (FENASOESV) and the Unfederated Unions of University Workers, received on 7 and 19 July 2021. The Committee also notes the joint observations of the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the Federation of University Teachers’ Associations of Venezuela (FAPUV) regarding Conventions Nos 26 and 95, received on 30 August 2021. The Committee further notes the observations of the following workers’ organizations regarding the application of Conventions Nos 26 and/or 95: MOV7 The Voice of Alcasa, received on 5 April 2021, the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 1 September 2021 and the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 8 September 2021.

Follow-up to the recommendations of the Commission of Inquiry (complaint made under article 26 of the Constitution of the ILO)

Article 3 of Convention No. 26. Participation of the social partners in minimum wage fixing. In its previous comment the Committee took note of the conclusions contained in the report of the Commission of Inquiry regarding the allegations of approval without tripartite consultation of increases to the minimum wage, as well as the recommendations of that Commission.

The Committee notes the discussion held at the 343rd Session (November 2021) of the Governing Body on the consideration of all possible measures, including those foreseen in the ILO Constitution, required to ensure the Bolivarian Republic of Venezuela’s compliance with the recommendations of the Commission of Inquiry, as well as the decision adopted in this regard. The Committee observes that the Governing Body will return to the assessment of progress made by the Government in ensuring compliance with the recommendations of the Commission of Inquiry at its 344th Session (March 2022) and will continue its consideration of all possible measures for this purpose.

With regard to its previous comments on this matter, the Committee also notes the Government’s indication in its report that: (i) despite regularly addressing, two or more times a year, written communications to the various employers’ and workers’ organizations regarding consultations on the minimum wage, certain organizations refrain from participating in the process, while others seek to turn the discussion towards changing the economic model rather than the minimum wage; (ii) in April and July 2021 consultations were held on fixing the minimum wage with the various employers’ and workers’ organizations: the July consultations were held sufficiently in advance, and pertinent information was brought to the table to allow the organizations consulted to carry out an analysis and formulate proposals; and (iii) following the holding, from 21 May to 23 June, of the large-scale meeting for national dialogue on the world of work (Gran encuentro de diálogo nacional del mundo del trabajo), technical round table meetings were organized, one of which concerned the methods and procedures set out in the Convention, and explored issues related to the economic and social indicators which must be part of the analysis when considering increasing wages. In this connection, the Committee again notes with concern that FEDECAMARAS and FETRAESUV, FENASIPRUV, FENASOESV, FAPUV, the CTV and the CTASI alike are in agreement that: (i) wage increases for 2021 were decided by the Government unilaterally; and (ii) the bipartite and tripartite technical round tables on methods of application of the Convention were not standing bodies providing for structured dialogue and did not operate according to the conditions recommended by the Commission of Inquiry for the holding of effective consultations (no minutes were taken of the different meetings; an agenda and work-programme were not adopted; an independent chair and secretariat were not appointed; recourse to ILO technical assistance was not taken). FEDECAMARAS adds that, following the unilaterally imposed wage increase of 1 May, although consultations were held in two meetings (July and August) between that organization and government representatives, the conditions required for effective consultations mentioned above were not respected on either occasion. The Committee again deplores the failure of the Government to fulfil its obligation to consult in respect of fixing the national minimum wage. The Committee urges the Government to take the necessary measures without delay, including by taking into account the recommendations of the Commission of Inquiry, to ensure full compliance with the Convention. The Committee requests the Government to provide information in that regard.

Article 4 of Convention No. 95. Payment in kind. “Socialist cestaticket” (food voucher). In its previous comments, the Committee requested the Government to engage in dialogue without delay at the national level, involving all the employers’ and workers’ organizations concerned, so as to examine possible solutions that are sustainable over time, including any necessary adjustment to the “socialist cestaticket” system, to ensure full conformity with this Article of the Convention. The Committee notes that the Government restricts itself to indicating that broad dialogue is being held with the various employers’ and workers’ organizations, without giving details of the solutions found to resolve this issue. The Committee also notes that the FAPUV, the CTV and the CTASI have provided figures showing that the “socialist cestaticket” continues to represent a high percentage of workers’ remuneration and add that, in addition to that voucher, workers receive other vouchers which, taken together, exceed the amount of the minimum wage. The Committee regrets to note that no progress has been made in seeking sustainable solutions to this matter. The Committee once again requests the Government to take the necessary measures without delay to engage in dialogue with the employers’ and workers’ organizations concerned to examine solutions that will allow full application of Article 4 of the Convention. The Committee requests the Government to provide information in this regard.

Article 5. Electronic payment of wages. In its previous comment, the Committee noted the observations of the workers’ organizations regarding the difficulties that generalized electronic payment of wages imposed on workers in certain areas of the country when seeking to obtain the amount corresponding to their wages in cash. The Committee notes the Government’s indication that this situation has been resolved, however the FAPUV, the CTV and the CTASI reiterate that electronic payment of wages prevents workers, especially those in areas where there are no banking services or no electricity, from withdrawing cash from the banks or institutions to obtain the full amount of their wages. The Committee requests the Government to take effective measures in consultation with the social partners to address this issue and to provide information in that regard.

Article 12. Delayed payment of wages. The Committee notes the Government’s indication, in reply to its request for information regarding several cases of delayed payment of wages, particularly in respect of National Assembly workers, that the wages of those workers have been paid. The Committee notes that the FAPUV, the CTV and the CTASI indicate that the Government, through the official electronic platform known as “sistema patria”, delays greatly and/or only effects partial payment of the wages of university staff. Recalling once again the importance of the payment of wages at regular intervals, the Committee requests the Government to provide its comments in that regard.

[The Government is asked to reply in full to the present comments in 2022.]