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

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

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

The Committee notes the observations concerning Convention No. 26 made by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 1 September 2023. The Committee also notes the observations made by the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the Independent Trade Union Alliance Confederation of Workers (CTASI), the National Union of Workers of Venezuela (UNETE), the United Federation of Workers of Venezuela (CUTV) and the General Confederation of Labour (CGT) regarding Conventions Nos 26 and 95, received on 30 August 2023.

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

A. Minimum wage

Article 3 of Convention No. 26. Participation of the social partners in minimum wage fixing. With regard to its previous comment, the Committee notes the discussions at the 347th and 349th Sessions (March and November 2023) of the Governing Body on the follow-up report on further developments concerning the Social Dialogue Forum and the implementation by the Government of the Bolivarian Republic of Venezuela of the agreed plan of action to give effect to the recommendations of the Commission of Inquiry, as well as the corresponding decisions adopted. In particular, the Committee notes that: (i) the third session of the social dialogue forum was held between 30 January and 1 February 2023 with ILO technical assistance, chaired by the Minister of Popular Power for the Social Process of Labour, with the participation of the following employers’ and workers’ organizations: FEDECAMARAS, the Venezuelan Federation of Craft, Micro, Small and Medium-Sized Business Associations (FEDEINDUSTRIA); the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), the CTASI, the CTV, and the CGT; during this meeting, the follow-up to and updating of the agreed plan of action to give effect to the recommendations of the Commission of Inquiry in respect of Conventions Nos 26, 87 and 144 was adopted; (ii) between 16 February and 24 August 2023, 13 tripartite meetings were held, with the support of the ILO, to address the question of determining methods for fixing minimum wages; (iii) from 3 to 7 October an ILO mission to the Bolivarian Republic of Venezuela took place, with a view to participating in the fourth session of the forum, and to promote dialogue but, due to a series of communications sent by various employers’ and workers’ organizations to the Government, the latter considered that conditions were not conducive to the holding of the session; both the ILO delegation and the Minister held, each in turn, bilateral meetings with the employers’ and workers’ organizations; (iv) on 6 October, a private tripartite meeting was held at the headquarters of the Ministry of the People’s Power for the Social Process of Labour and attended by the employers’ and workers’ organizations cited above. The meeting agreed that the fourth session of the forum would be held at the beginning of February 2024.

The Committee notes that at the 349th Session of the Governing Body, the Government indicated that, with the firm intention of formulating a consensual proposal on the method of fixing the minimum wage, a meeting was held on 19 October 2023 with the participation of FEDCAMARAS, FEDEINDUSTRIA, the CBST-CCP, the CTASI, the CTV and the CGT, and explanations of the proposal were given. The Government states that the main issue elucidated at the meeting was the selection of the spokespersons for the employers and workers, whose organizations, based on their autonomy, would develop the necessary agreements, and share information to complement the method. The Government also indicates that it provided these organizations with the final text and concept note of the method and that, to date, no comments thereon have been received, which will allow further progress in consolidating this important method.

The Committee notes that the Governing Body is to return to the consideration of progress made by the Government to give effect to the recommendations of the Commission of Inquiry at its 350th Session (March 2024).

Furthermore, pursuant to its previous comments on this subject, the Committee notes that the Government, in its report: (i) indicates that it has been complying with each of the agreed activities in the action plan, as updated in February 2023, with the participation of the different organizations of employers and workers; (ii) indicates that a tripartite technical body was constituted to draw up the proposed method of consultation to fix the minimum wage. That body finished its work at its thirteenth meeting, thus completing the task of formulating the proposal, which would be taken up at the highest level; and (iii) reiterates its commitment to continue to progress with the agreements adopted in the social dialogue forum, and to continue working with the timetable of activities, which so far have allowed significant progress to be made between the parties, given the serious impact that the unilateral coercive measures had on workers’ wages.

The Committee observes that the updated plan of action adopted by the social dialogue forum in February 2023 includes: (i) the establishment of a technical body on the wage-fixing machinery and on effective consultation procedures; and (ii) the determination by the technical body of the dynamic method for fixing the minimum wage (taking account of the relevant economic and social and labour indicators and variables and the external factors already referred to in the text of the statement).

The Committee notes that FEDECAMARAS, in its observations, indicates: (i) at two tripartite meetings with remote ILO technical assistance, held on 15 and 24 August 2023, the document sent by the Ministry entitled “method for fixing the national minimum wage”, including the Ministry’s observations on the proposed methodology for consideration in the final document, was discussed and revised; and (ii) the final document, containing the definitive ministerial proposal which was to have been submitted on 25 and 28 August 2023 for final review and adoption, has not been received. FEDECAMARAS indicates that although a proposal formulated by the Ministry already exists, but is yet to be approved, the dialogue process needs to be more effective and structured, and requires permanent follow-up, since the technical body has now been functioning for seven months, yet the official economic and social and labour indicators including external factors, have still not been presented, although they were included in the social dialogue forum’s plan of action and are fundamental to speeding up the social dialogue process for fixing the minimum wage.

The Committee also notes, from the joint observations submitted by the CODESA, the CTV, the FAPUV, the CTASI, the UNETE, the CUTV and the CGT, that those organizations agree that outside the formal sessions of the forum, the activities to which the Government refers, which were intended to provide a greater understanding of the consultation method for fixing a minimum wage, were carried out and did reach agreement. In this regard, those organizations regret that: (i) in 2023, the hoped-for increase in the minimum wage did not materialize, a fact made more painful by the daily fall in its value resulting from the continuous devaluation of the bolívar and that (ii) on 1 May 2023 there was an increase in the “socialist cestaticket” benefit, and the approval of a “bonus against the economic war”, with no consultation of the social partners, as these were non-wage payments; and (iii) the Government has not delivered the economic, social and labour indicators called for by all the confederations and which are essential to progress towards the objectives identified by the technical body required for determining the method of fixing the minimum wage.

While duly noting the statements from the Government, as well as the activities and tripartite meetings held throughout the year, with ILO assistance, which addressed the question of establishing the method for fixing the national minimum wage, the Committee notes with concern that it has still not been possible to establish this method. In this context, the Committee regrets that 2023 did not see a wage increase, preceded by a consultation process. Finally, the Committee regrets the rescheduling of the fourth session of the social dialogue forum, while dully noting the continued agreement of the Government and the social partners to participate in social dialogue and that the fourth session of the forum will take place in early 2024.

The Committee firmly hopes that, in the framework of the opportunities opened up by the process set in motion with the establishment and follow-up of the social dialogue forum, that all the measures envisaged in the plan of action updated in February 2023, as well as the timetable of activities presented by the Government will be implemented and that the fourth session of the social dialogue forum will take place as planned. It also hopes that those measures will yield tangible progress in the development and application of methods for fixing the minimum wage, as required by the Convention and as follow-up to the recommendations of the Commission of Inquiry. In particular, the Committee requests the Government, at the next increase of the minimum wage in the country, to take the necessary measures to ensure that the increase is preceded by a thorough consultation process, conducted sufficiently in advance, within a framework of structured, informed and effective discussions, in which due account is taken of the proposals made on this matter by the employers’ and workers’ organizations. The Committee requests the Government to report on all developments in this regard.

B. Protection of wages

Article 4 of the Convention No. 95. Payment in kind. “Socialist cestaticket”. With regard to its previous comments, the Committee notes the Government’s indication that: (i) the value of the “Socialist Cestaticket” was increased as of 1 May 2023, and will be adjusted each month, on the basis of the exchange rate published by the Banco Central de Venezuela; (ii) roundtables have been set up for collective bargaining with the active participation of employers’ and workers’ organizations, and these have reached agreements regarding these benefits and further benefits, such as canteens, the provision of food for the basic food basket and other allowances.

The Committee also notes that the CODESA, the CTV, the FAPUV, the CTASI, the UNETE, the CUTV, and the CGT indicate in their joint observations that: (i) payment of wages with bonuses of various sorts, or provision of food, is common in the public and private sector, which makes it hard for workers to determine the exact amount of their real wage, and also to keep the wage constant; (ii) the Government refuses to refer to wages, but uses the term “comprehensive minimum income”, which includes the minimum wage and the socialist cestaticket; (iii) many workers do not receive the cestaticket in cash, as do the public administration workers, while some enterprises have adopted the measure of providing one meal a day to comply with the food allowance; and (iv) the organizations are unaware of the bargaining to which the Government refers, indicating that, in the public sector, the State suspended collective bargaining on the promulgation of Memorandum No. 2792 of 11 October 2018. In this regard, the Committee once again regrets that on the basis of the information presented by the Government, and the observations of the abovementioned workers’ organizations, it cannot be concluded that progress has been made in resolving this issue. While referring back to the analysis it has made in previous years on this matter (see in particular the observation adopted in 2017), the Committee once again requests the Government to take the necessary measures without delay, through dialogue with the representative organizations of the employers and workers, to find solutions that allow the full application of Article 4 of the Convention.

Articles 5 and 14. Electronic payment of wages. Information on constituent elements of wages. The Committee notes that, in response to its previous comment, the Government indicates that: (i) unilateral coercive measures affected the flow of bolivars, obliging the Government to develop technological platforms to ensure that workers were able to access their wages, but that this situation is now resolved; (ii) many public and private enterprises have digitalized their wage slips, enabling workers to access this information by any electronic means at any time; and (iii) in cases where it is difficult for workers to have access to their wage slips, employers were under an obligation to provide such information in tangible form, under penalty of sanctions, as provided by section 106 of the Basic Act concerning labour and male and female workers. The Committee also notes that the CODESA, the CTV, the FAPUV, the CTASI, the UNETE, the CUTV and the CGT indicate that: (i) the electronic payment of wages has made difficulties for workers receiving their wages in localities without banking facilities or which are not covered by internet, and these difficulties are compounded by frequent interruptions in digital banking services; (ii) it has become complicated for workers to obtain detailed and precise information on their wages and their composite elements; (iii) payroll management through the “istema patria”, a platform used by the Government to pay its employees, but which was created and used for purposes other than wage payment, presents difficulties in respect of the calculation and proof of payment of wages, and makes it impossible to claim for discrepancies or omissions at the moment of payment; the Government should explain the legal regime and scope of the istema patria and provide a copy of its regulatory texts. The Committee once more regrets that no progress has been made regarding this issue. The Committee again requests the Government, in consultation with the social partners, to take effective measures to address both the question of electronic payment of wages, and that of providing information to workers concerning the constituent elements of their wages, in conformity with the Convention, and to provide information in this respect.

Article 12. Delayed payment of wages. The Committee notes that the CODESA, the CTV, the FAPUV, the CTASI, the UNETE, the CUTV and the CGT indicate with regard to the health sector, that there have on various occasions been: (i) delays in the payment of wages, which have been explained by the human resources department, as arising from weaknesses in the “istema patria” and (ii) repeated non-payment of certain elements, such as night work, holidays and Sundays worked, among others. Recalling the importance of the payment of wages at regular intervals, the Committee requests the Government to communicate its comments in this regard.

[ T he Government is asked to reply in full to the present comments in 2024.]

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

The Committee notes the observations concerning Convention No. 26 made by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS), received on 11 February 2022. The Committee also notes that the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP) sent observations concerning Convention No. 26 that were received on 24 April 2022. The Committee also notes the following observations communicated with the Government’s report, formulated by: (i) FEDECAMARAS, on Convention No. 26; (ii) CBST-CCP, on Convention no. 26; and (iii) jointly, from the Confederation of Workers of Venezuela (CTV) the Federation of University Teachers’ Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI), on Conventions Nos 26 and 95. The Committee also notes the observations formulated by the National Union of State and Public Service Workers (UNETE), on Convention No. 26, received on 5 September 2022.

Minimum wage

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. With regard to its previous comment, the Committee notes the discussions at the 344th, 345th and 346th Sessions (March, June and November 2022) of the Governing Body on the progress report concerning the operation of the social dialogue forum in giving effect to the recommendations of the Commission of Inquiry, as well as the corresponding decisions adopted. In particular, the Committee notes that: (i) the inaugural session of the social dialogue forum (the forum) was held in a virtual format on 7 March 2022, chaired by the Minister of Popular Power for the Social Process of Labour, with the participation of the Director-General of the ILO and of the following employers’ and workers’ organizations: FEDECAMARAS; CBST-CCP; the Venezuelan Federation of Craft, Micro, Small and Medium-Sized Business Associations (FEDEINDUSTRIA); CTASI; CTV; UNETE; the General Confederation of Labour (CGT); and the Confederation of Autonomous Trade Unions (CODESA). The inaugural session adopted the terms of reference for the forum, which included addressing all pending questions concerning the application of Conventions Nos 26, 87 and 144; (ii) the first in-person session of the forum was held in Caracas from 25 to 28 April 2022, with ILO technical assistance. It produced a plan of action including a timetable of activities related to compliance with the cited Conventions; and (iii) a follow-up session of the forum was held in Caracas from 26 to 29 September 2022, with ILO technical assistance; it assessed the activities undertaken as part of the implementation of the plan of action adopted in April and agreed on updating the plan of action. The Committee notes that the Governing Body will again examine the progress made by the Government in ensuring compliance with the recommendations of the Commission of Inquiry at its 347th Session (March 2023).

Further to its previous comments on this matter, the Committee notes the Government’s indication in its report that: (i) on 20 December 2021, formal written consultations were undertaken, that included relevant statistical data for analysis, as a basis for opinion and response, with FEDECAMARAS, FEDEINDUSTRIA, CBST, CTASI, CTV, UNETE, CGT, and CODESA; (ii) on 3 March 2022, the President of the Republic publicly announced the proposal for an increase in wages equivalent to half a Petro (cryptocurrency), and this was made effective by Decree No. 4653, published in Official Gazette No. 6691, Special Edition of 15 March 2022; and (iii) on 4 March consultations were held with the abovementioned social partners regarding the impact of the President’s announcement. The Government also indicates that, in line with undertakings made at the April and September 2022 meetings of the forum, the following activities related to compliance with the Convention were carried out: (i) in the week of 13 to 19 July, a round of dialogue meetings were held with the employers’ and workers’ organizations concerned regarding compliance with the Conventions, including Convention No. 26; (ii) on 7 and 12 September 2022, meetings were held with the workers’ organizations (CBST-CCP; CTASI; and CTV) and employers’ organizations (FEDECAMARAS and FEDEINDUSTRIA) respectively, to exchange views on the method for fixing minimum wages, including the criteria and source of the relevant economic, social and labour reference data; (iii) on 20 October 2022, a tripartite meeting was held to discuss the constitution of a working party with regard to fixing the minimum wage; and (iv) on 25 October a workshop was held on indicators related to the minimum wage, with the support of the Minister of Popular Power for Planning. The Government also indicates that it has drawn up a timetable, included as an annex to its report, for tripartite and bipartite activities to be conducted between the second half of November 2022 and February 2023, which include: (i) the holding of a tripartite workshop on minimum wage methodology with ILO technical assistance (22 November 2022); (ii) dispatching formal invitations for consultations on minimum wage increases to the workers’ and employers’ organizations (15 December 2022); (iii) the organization of bipartite sectoral meetings to exchange views on proposals for the minimum wage (18 January 2023); and (iv) the holding of a tripartite meeting on methods of defining the minimum wage (25 January 2023). Lastly, the Government indicates that the third in-person session of the forum will be held in the week of 6 to 10 February 2023, with ILO technical assistance.

In this regard, the Committee notes that in its observations, FEDECAMARAS indicates that: (i) in November 2021, the Ministry of Popular Power for the Social Process of Labour (MPPPST) forwarded to FEDECAMARAS the rules established for the consultation process on the minimum wage (broad consultation once annually, meetings during the first quarter of each year with the social partners and relevant institutions and bodies, and a written communication accompanied by elements of the national and international context that impact on the socio-economic reality and relevant official indicators, such as the cost of the basic food basket); (ii) by a communication dated 20 December 2021, the MPPPST submitted several economic, poverty and labour force indicators to FEDECAMARAS; (iii) by a communication of 23 February 2022, the MPPPST requested FEDECAMARAS to present additional, updated information concerning the increase of the minimum wage; (iv) on 3 March 2022, without organizing the consultation and meetings foreseen for the first quarter of 2022, the President of the Republic announced publicly an increase in the minimum wage; (v) on 4 March 2022, the MPPPST sent a communication to FEDECAMARAS requesting the organization’s opinion and recommendations on the impact and implications of the measures announced; on the same day, a meeting took place between the MPPPST with the participation of FEDECAMARAS and FEDEINDUSTRIA, at which FEDECAMARAS expressed concern at the failure to comply with the proposed methodology, and in particular at the lack of real discussion and effective dialogue between the tripartite actors on this matter; and (vi) the announced wage increase became effective after publication in the Official Gazette of 15 March 2022.

For its part, the CBST-CCP indicates in its observations that the Government regularly sends, once or twice annually, written communications to the workers’ and employers’ organizations regarding the minimum wage consultations.

The Committee also notes that in their joint observations, the CTV, the FAPUV and the CTASI indicate that by official letter No. 502/2021, the MPPPST requested their opinions, expectations, and suggestions on how the wages dynamic within the country should be aligned with the Convention; the CTASI, while considering this approach inappropriate, put forward a proposal, but received no response. In this regard, the abovementioned organizations state that the steps taken are insufficient and cannot be considered as complying with the Convention, since in practice no account is taken of proposals and contributions made by the trade union organizations, and the national executive simply and unilaterally determines the increase in the national minimum wage.

The Committee also notes that FEDECAMARAS, the CTV, the FAPUV and the CTASI all concur that the meeting to discuss wage indicators, scheduled for July 2022 in the timetable annexed to the plan of action adopted in April 2022, did not take place.

Finally, the Committee notes that the UNETE indicates in its observations that the Government has not adopted a single measure requiring consultation with the employers’ and workers’ organizations on fixing the minimum wage.

Regarding the March 2022 wage increase, the Committee observes that: (i) while it was preceded by communications sent several months previously requesting the social partners’ opinions on the issue, it did not comply with the methodology established previously by the Government, consisting of structured meetings intended to result in full compliance with the recommendations of the Commission of Inquiry; and (ii) FEDECAMARAS, the CTV, the FAPUV, the CTASI and also the UNETE all agree that their proposals and contributions are not truly taken into account in final decision taking. Regarding the plan of action for Convention No. 26 adopted in April 2022, the Committee notes that it did not follow the programmed timeframe, since only two meetings were held on indicators, and those were out of sync with the schedule that had been fixed, prior to the September forum meeting. Finally, the Committee observes that the plan of action adopted in September 2022 includes: (1) setting up a series of technical round tables to devise the methods of fixing the minimum wage, with ILO technical assistance; (2) implementing a timetable drawn up by the Government to that end, to be completed by February 2023; (3) dispatching of formal invitations to consult on increasing the minimum wage; (4) the holding of meetings to discuss proposals for the minimum wage; and (5) the holding of a tripartite meeting to devise methods for fixing the minimum wage. In light of the above, the Committee notes with regret the MPPPST’s failure to comply with the proposed methodology for the consultation process on fixing the increase of the minimum wage that was decreed in March 2022. The Committee firmly hopes that, in the framework of opportunities opened up by the process begun with the establishment and follow-up of the social dialogue forum, all measures provided in the plan of action updated in September 2022 will be implemented, including the timetable of activities presented by the Government. It also hopes that these measures will yield tangible progress in the development and application of methods of fixing the minimum wage, as required by the Convention and in following the recommendations of the Commission of Inquiry. In particular, the Committee urges the Government, at the next increase of the minimum wage, to take the necessary measures to ensure that the increase is preceded by a thorough consultation process, conducted sufficiently in advance, within a framework of structured, informed and effective discussions, in which due account is taken of the proposals made on this matter by the employers’ and workers’ organizations.

Protection of wages

Article 4 of Convention No. 95. Payment in kind. “Socialist cestaticket” (food voucher). With regard to its previous comments, the Committee notes from the Government’s report that: (i) regarding payment of the “socialist cestaticket” benefit, roundtables have been set up with active participation of the employers’ and workers’ organizations, and these have concluded agreements that are beneficial for the workers; and (ii) as of 15 March 2022, the value of the “socialist cestaticket” was increased, without affecting the benefit provided by the Local Supply and Production Committees (CLAP) in the distribution of subsidized foodstuffs. The Committee also notes that the CTV, FAPUV and CTASI state in their joint observations that payment of wages with various types of vouchers or with food is common in the public and private sector. In this regard, the Committee notes with regretthat, on the basis of the information presented by the Government, and the observations of the abovementioned workers’ organizations, it cannot be concluded that progress has been made in resolving this issue. While referring back to the analysis it has made in previous years on this matter (see in particular the observation adopted in 2017), the Committee once again requests the Government to take the necessary measures without delay, through dialogue with the representative organizations of the employers and workers, to examine solutions that allow the full application of Article 4 of the Convention. The Committee requests the Government to provide information in this respect, in particular with regard to the composition and operation of the abovementioned roundtables, and the agreements reached following the debate held within them.

Articles 5 and 14. Electronic payment of wages. Information on constituent elements of wages. The Committee notes the Government’s indication, in response to its previous comment, that it is providing information and instructions to the workforce regarding the correct use of electronic means to obtain their wages. The Committee also notes that the CTV, the FAPUV and the CTASI indicate that the electronic payment of wages causes immense problems for workers, especially for those who live in localities where there are no banking services, no electricity and no transport to take them to another locality. The abovementioned workers’ organizations particularly stress that workers have serious difficulty in withdrawing sums sufficient to cover their most basic needs, and meanwhile the money that they are unable to withdraw from their accounts falls in value every day. The Committee notes with regret that no progress has been made regarding this issue. The same workers’ organizations indicate that the payrolls are managed by the “sistema patria”, which makes it impossible for the worker to obtain a receipt detailing their income and payroll deductions, a method that is tantamount to an attack on the worker’s wages, given the absence of an office to which to make claims regarding omissions or errors in the payment of wages. The Committee once more requests the Government to take effective measures in consultation with the social partners to address the issues both of the electronic payment of wages, and of providing information to workers concerning the constituent elements of their wages, in conformity with the Convention, and to provide information in this respect.

Article 12. Delayed payment of wages. The Committee notes the Government’s indication, in response to its previous comment, that the Constitutional Chamber of the Supreme Court of Justice, in ruling No. 5 of 19 January 2017, ordered the National Budget Office (ONAPRE) of the National Executive, to pay the wages owed to workers of the national legislative body, and the wage claims were subsequently settled through the Ministry of Finance.

[The Government is asked to reply in full to the present comments in 2023.]

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

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.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Articles 8 and 15(d) of the Convention. Deductions from wages. Records of wages. Further to its previous comment, the Committee notes the information provided by the Government in its report, including: (i) the reference to the provisions of the national system that regulate deductions from wages; and (ii) the indication that it is mandatory for the employer to issue wage payment receipts, which must contain the amount of the wage and of any deduction therefrom, and to keep records of the payment receipts for inspection by the competent body.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues concerning the application of ratified Conventions on wages, the Committee considers it appropriate to examine Convention No. 26 (minimum wage) and Convention No. 95 (protection of wages) together.

The Committee takes note of the joint observations of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) and the International Organisation of Employers (IOE) on the application of the Convention No. 26, received on 1 October 2020. The Committee also takes note of the observations of the following workers’ organizations on the application of Conventions Nos. 26 and/or 95: the Confederation of Workers of Venezuela (CTV), received on 21 August and 30 September 2020; the Federation of University Teachers' Associations of Venezuela (FAPUV) and the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 28 August 2020; the CTASI, received on 30 September 2020; the Confederation of Autonomous Trade Unions (CODESA), the General Confederation of Labour (CGT) and the National Union of Workers of Venezuela (UNETE), received on1 October 2020; the National Union of Men and Women Public Officials in the Legislative Career Stream, and Men and Women Workers at the National Assembly (SINFUCAN) and the CTASI, received on 5 October 2020; and the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP), received on 3 December 2020.

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. The Committee recalls that in March 2018, in the context of the complaint alleging non-observance by the Bolivarian Republic of Venezuela of the Minimum Wage-Fixing Machinery Convention, 1928 (No. 26), the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), submitted under article 26 of the ILO Constitution by 33 employer delegates to the 104th Session (2015) of the International Labour Conference, the Governing Body established a Commission of Inquiry to consider the issues raised in the complaint. The Committee notes that the Commission of Inquiry completed its work in September 2019 and that its report was submitted to, and noted by, the Governing Body, at its 337th Session (October 2019).

The Committee notes the document submitted to the Governing Body at its 340th Session in October 2020 (GB.340/INS/13) containing the Government’s response to the report of the Commission of Inquiry, and also notes the discussion that took place in the Governing Body, which will continue during its next session in March 2021. In its response, the Government indicates that it does not accept the recommendations of the Commission of Inquiry because if it were to comply with them it would mean violating the national Constitution, the separation of powers, rule of law, independence, sovereignty and self-determination of the Bolivarian Republic of Venezuela. However, the Committee observes that the Government has not made use of the prerogative provided by the ILO Constitution, of referring the complaint, within a period of three months, to the International Court of Justice. Moreover, the Committee notes that the Government expresses its willingness to improve compliance with the ILO Conventions ratified by the country on the basis of constructive suggestions issued by the ILO supervisory bodies, and to receive technical assistance for the Office. The Committee recalls that in previous occasions when following-up on recommendations of a commission of inquiry, it has observed that the ILO Constitution does not make the results of a Commission of Inquiry subject to the consent of the State concerned. In this regard, the Committee has recalled that under article 32 of the ILO Constitution, the only authority capable of affirming, varying or reversing the findings or recommendations of a Commission of Inquiry is the International Court of Justice, and that, therefore, a government which chooses not to avail itself of the possibility of referring the matter to the International Court of Justice ought to take account of the conclusions and act upon the recommendations of the Commission of Inquiry, in light of the provisions of the ILO Constitution.

The Committee takes note of the conclusions of the Commission of Inquiry regarding the allegations of adoption without tripartite consultation of increases to the minimum wage (paragraphs 437 to 442 of the report of the Commission of Inquiry, hereinunder, “the report”). In particular, the Commission of Inquiry concluded that “The information gathered thus reveals the Government’s failure to comply with Convention No. 26. In addition to the numerous increases in relation to which the Government did not provide specific evidence of consultation, regarding the communications submitted by the Government to prove that consultation had taken place with employers’ and workers’ organizations, the Commission considers that the mere sending of such belated and/or generic communications, containing abstract requests for proposals “in relation to the minimum wage” over six months, without providing any information on the anticipated machinery for fixing and applying the minimum wage, cannot be deemed to comply with the provisions of the Convention, which establish the obligation of the Government to engage in effective consultations.” (paragraph 442 of the report).

The Committee also notes the recommendations of the Commission of Inquiry (paragraphs 495 to 497), in which it observed “with the deepest concern the absence of effect given to the previous recommendations of the ILO supervisory bodies on the issues raised, as well as the gravity of the current situation”, and considered that the competent authorities must give effect to those recommendations without further delay and complete their implementation by 1 September 2020 at the latest. The Commission of Inquiry urged the Government to avail itself of ILO technical assistance for implementation of the recommendations. With regard to consultations concerning minimum wages (paragraph 497(3)(i) of the report), the Commission of Inquiry recommended the adoption of the necessary measures to ensure due and effective compliance with the consultation requirements set out in Convention No. 26, and the ending of the exclusion from social dialogue and consultation of FEDECAMARAS and trade union organizations that are not close to the Government. In particular, the Commission of Inquiry recommended, through tripartite dialogue with the representative organizations of employers and workers, the establishment of effective tripartite consultation procedures. In light of the serious deficiencies in social dialogue in the country, taking into consideration the recognition by the Government itself of the need to create mechanisms for social dialogue, the Commission of Inquiry advised the establishment in the very near future of bodies or other institutionalized procedures for social dialogue to facilitate compliance with the obligations of consultation.

Finally, the Committee notes that the Commission of Inquiry recommended “the creation and convocation in the very near future of the following dialogue round-tables in support of the application of its recommendations: (i) a round-table for tripartite dialogue which includes all representative organizations; (ii) a round-table for dialogue between the authorities concerned and FEDECAMARAS on questions relating to that organization […], and (iii) another round-table for representative workers’ organizations to address subjects that are of specific concern to them.” The Commission of Inquiry considered that “prior to the session of the ILO Governing Body in March 2020, the round-tables should have been established and have a schedule of meetings and an independent chair who enjoys the confidence of the tripartite constituents in the country, as well as, at the request of any of the constituents, the presence and assistance of the ILO” (paragraph 497(4) of the report).

The Committee notes with deep concern the conclusions of the Commission of Inquiry regarding the failure of the Government to hold consultations on fixing the minimum wage in the country.

Furthermore, further to its previous comments on this matter, the Committee notes that the Government refers in its report to the communications it sent in reply to the report of the Commission of Inquiry. Moreover, the Government indicates that, given the impact of the health crisis on the country and the realities of the different social and economic sectors, and taking account the opinions expressed publicly by the employers’ and workers’ organizations, it raised the national minimum wage a second time in April 2020, in the midst of the pandemic and despite the paralysis of many sectors in the country. The Committee notes with deep concern that FEDECAMARAS and the IOE, and CODESA, the CGT and UNETE, the CTV, SINFUCAN, FAPUV and CTASI alike point out that the last two increases in the minimum wage (January and April 2020) were once again decided unilaterally and without consultation by the Government. FEDECAMARAS and the IOE indicate that even before the health emergency broke, there was no apparent progress in the establishment of a round-table for tripartite dialogue, and that neither that recommendation nor any of the other recommendations of the Commission of Inquiry, which should all have been implemented before September 2020, had been either partially or completely implemented by the Government. Several of the workers’ organizations that sent observations to the Committee also indicated that the Commission of Inquiry’s recommendations on social dialogue and consultation had not been implemented.

In these circumstances, the Committee 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.

The Committee is aware of the on-going consideration being given by the Governing Body to the follow-up of the report of the Commission of Inquiry. In view of the grave violations of labour rights described above, the systemic failure to comply with a number of ILO Conventions and the serious lack of cooperation from the Venezuela authorities with regard to its obligations, the Committee considers it critical that within the context of the ILO standards the situation in the country be given the full and continuing attention of the ILO and the ILO supervisory system in order to obtain robust and effective measures that can bring about compliance in law and in practice with the Conventions concerned.

Article 4 of Convention No. 95. “Socialist cestaticket”. In its previous comments, while noting the observations of the social partners, the Committee examined the system of the “socialist cestaticket” (a food benefit to protect the purchasing power of workers in relation to food, established by Decree No. 2066 of 2015; the Decree allows several modalities whereby the benefit may be provided, including payment in kind), and requested the Government to take the necessary measures 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, with a view to ensuring full conformity with Article 4 of the Convention. The Committee notes from the Government’s report, that when the “socialist cestaticket” system is included in collective labour agreements, the choice of modalities of provision are adopted by common agreement of the interested parties. The Government adds that: (i) unions must guide workers as to the correct use of the coupons, tickets or electronic food cards; and (ii) the payment or provision of food is in addition to the actual wages paid; in no case does payment of the “socialist cestaticket” replace even partial, and still less full, payment of wages. However, the Committee notes the new observations submitted by the workers’ organizations in this regard, reporting persistent difficulties in the application of this system. Under these circumstances, the Committee observes with regret that the Government has not taken steps to engage in dialogue at national level on these issues, as it has been requested to do in previous comments. The Committee is therefore obliged to reiterate its request to the Government to take the necessary measures 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. The Committee requests the Government to provide information in this regard.

Article 5. Electronic payment of wages. The Committee notes that the CTV, CTASI and FAPUV indicate that electronic payment of wages has become generalized, causing serious inconvenience to workers when they are obliged to make cash payments, and insurmountable difficulties in the many areas where there are no banking services, and also given that the banking system imposes limits on the amount of cash that can be withdrawn. The Committee recalls that Article 5 provides that wages shall be paid directly to the worker concerned. The same provision allows a number of exceptions as may be provided by national laws or regulations, collective agreement or arbitration award or where the worker concerned has agreed to another arrangement. The Committee also recalls that it has considered that the payment of wages by bank transfer is compatible with the Convention to the extent that it fulfils the provisions of Article 5 (2003 General Survey, Protection of wages, paragraph 84). However, the Committee considers that there is an issue of application in practice when the prevailing circumstances would make it difficult or even impossible for workers to obtain the corresponding amount in cash from the bank or institution where their wages has been paid, as is denounced by the workers’ organizations in the present case. The Committee requests the Government to take the necessary measures to address this issue and to provide information in that regard.

Article 12. Delayed payment of wages. The Committee notes that the CTASI refers to several cases of delayed payment of wages, in particular in the case of National Assembly workers. Recalling 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 2021.]

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the 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 joint observations of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) and the International Organisation of Employers (IOE) on the application of Convention No. 26, received on 1 September 2018 and 5 November 2019. The Committee also takes note of the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI) relating to the application of Convention No. 95, received in 2018. Finally, the Committee takes note of the observations of the Confederation of Workers of Venezuela (CTV) on the application of Conventions Nos 26 and 95, received on 6 September 2019.

The Commission recalls that it examined in detail the application of Conventions Nos 26 and 95 at its 2017 session. The Committee takes note that, in the context of the complaint submitted under article 26 of the ILO Constitution by 33 employers’ delegates at the 2015 session of International Labour Conference against the Bolivarian Republic of Venezuela for non-observance of Conventions Nos 26, 87 and 144, the Governing Body appointed a Commission of Inquiry to examine the complaint in March 2018. The Committee also takes note that in application of article 29 of the ILO Constitution: (i) the Director-General of the International Labour Office communicated the report of the Commission of Inquiry to the Government in September 2019; and (ii) the Government shall, within three months, inform whether or not it accepts the recommendations contained in the report of the Commission, and, if not, whether it proposes to refer the complaint to the International Court of Justice. Finally, the Committee takes note that the Commission of Inquiry requested the Government to submit reports on the application of the Conventions covered by the complaint, including on Convention No. 26, to the Committee of Experts for examination at its 2020 session. In this context, and in view of the linkages between the issues addressed by the ratified Conventions on wages, the Committee intends to examine in detail the application of Conventions Nos 26 and 95 at its next session. The Committee hopes that it will be in a position to do so on the basis of detailed reports to be submitted by the Government on these Conventions, together with its comments with regard to the observations submitted by the above-mentioned employers’ and workers’ organizations.

[The Government is asked to reply in full to the present comments in 2020.]

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

Article 8 of the Convention. Deductions from wages. With reference to its previous comment, the Committee notes the Government’s indication in its report that: (i) section 107 of the Basic Labour Act (LOTTT) authorizes the deduction of contributions and taxes; and (ii) section 154 of the LOTTT establishes limits for deductions (one third of the wage, if the worker is active, and 50 per cent in the event of the termination of the employment relationship). The Committee notes that, in the complaint made under article 26 of the ILO Constitution, referred to in its observation, allegations are made concerning excessive deductions from wages for various purposes. The Committee notes that the Government refers in its reply to the provisions of the LOTTT which govern this matter. The Committee requests the Government to provide information on the application of these provisions in practice, and particularly sections 103, 107, 125, and 152–154 of the LOTTT.

Article 9. Deductions from wages for the purpose of obtaining or retaining employment. In its previous comments, the Committee noted that the LOTTT does not explicitly prohibit this type of deduction and requested the Government to indicate the manner in which full effect is given to the Convention in this regard. The Committee notes the Government’s reply that only the deductions envisaged in the LOTTT are authorized.

Article 12(2). Final settlement of wages upon termination of employment. In its previous comments, the Committee requested the Government to indicate the measures adopted or envisaged to ensure that, upon the termination of a contract of employment, all outstanding payment of wages are made promptly, as required by this Article of the Convention. The Committee notes that the Government refers to section 142(f) of the LOTTT, which provides that the payment of social benefits shall be made within five days following the termination of the employment relationship, which necessarily implies that all outstanding payments of wages due to the worker be paid within this same time limit.

Article 15(d). Records of wages. In its previous comments, the Committee requested the Government to indicate whether employers are required to keep records of the payments of wages for the purposes of inspection, as provided in this Article of the Convention. The Committee notes that the Government refers to section 106 of the LOTTT, which provides that failure by the employer to comply with the requirement to issue a payslip to workers shall lead to the presumption, unless there is proof to the contrary, of the wage alleged by the worker, without prejudice to the penalties established by the law. The Committee requests the Government to indicate whether in practice employers keep records of the payment of wages.

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

Follow-up to the decisions of the Government Body (complaints made under article 26 of the Constitution of the ILO)

The Committee notes that a complaint under article 26 of the ILO Constitution alleging non-observance of Conventions Nos 87, 95 and 111 by the Bolivarian Republic of Venezuela, made by several Workers’ delegates to the International Labour Conference in 2016, was found receivable by the Governing Body in November 2016. In March 2017, the Governing Body decided, in relation to Convention No. 95 that, as all aspects of the complaint relating to the Convention had not been examined recently by the Committee of Experts, the corresponding allegations would be transmitted to the Committee of Experts for their full examination.

The Committee also notes that the complaint under article 26 of the Constitution alleging non-compliance with Conventions Nos 26, 87 and 144 by the Bolivarian Republic of Venezuela, made by several Employers’ delegates to the International Labour Conference in 2015, of which the Committee took note in its previous comment on Convention No. 26, is still pending before the Governing Body, which last examined it in November 2017.

The Committee also notes the joint observations made by the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) and the International Organisation of Employers (IOE) in relation to the application of Convention No. 26, received on 31 August 2017, and the Government’s reply. Finally, the Committee notes the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI), received on 31 August 2017, and the joint observations of the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the General Confederation of Labour (CGT) and the Confederation of Autonomous Trade Unions (CODESA), on the application of Conventions Nos 26 and 95, received on 18 September 2017, and the Government’s reply. The Committee notes that the observations made by employers’ and workers’ organizations relate to matters raised in the complaints referred to above.

In view of the links between the subjects addressed within the framework of these procedures in relation to the application of Conventions Nos 26 and 95, the Committee considers it appropriate to examine them in the same comment.

Minimum wage

Article 3 of Convention No. 26. Participation of the social partners in minimum wage fixing. In its previous comment, the Committee once again requested the Government to ensure that full effect is given to Article 3 of the Convention in relation to the consultation and participation on an equal footing of the most representative organizations of workers and employers in the establishment and operation of the minimum wage system. In this regard, the Committee notes with concern that both FEDECAMARAS and the IOE and UNETE, CTV, CGT and CODESA, as well as the CTASI, indicate that the most recent increases in the minimum wage were decided upon unilaterally by the Government. The Committee notes the Government’s indication in its report and its replies to these observations that: (i) during the period 2015–17, due to the problems faced by the Venezuelan economy, including the high inflation rate, it was required to take urgent measures to protect workers, adjusting the minimum wage on the basis of the loss of purchasing power; (ii) for the determination of the minimum wage, account is taken of the increase in the cost of the basic basket, which is a technical criterion and is not suited to negotiation; (iii) consultations and social dialogue are carried out in the National Council for Productive Economy, in which the participants include chambers affiliated to FEDECAMARAS and other important employers’ organizations in the country, as well as workers’ confederations; and (iv) in February 2017, the Government organized a consultation on the issue of the minimum wage through written communications. The Committee notes that, when examining these matters in the context of the 2015 complaint, the Governing Body in November 2017 expressed serious concern at the lack of progress with respect to the decisions taken at its previous sessions and deeply regretted this situation. The Governing Body: (a) urged the Government to engage in good faith in a concrete, transparent and productive dialogue based on respect for employers’ and workers’ organizations with a view to promoting solid and stable industrial relations; (b) urged, for the last time, the Government to institutionalize before the end of 2017 a tripartite round table to foster social dialogue for the resolution of all pending issues, and to invite to that effect an ILO high-level mission led by the Officers of the Governing Body to meet with government authorities, FEDECAMARAS and their member organizations and affiliated companies, as well as trade unions and leaders from all social sectors; (c) requested the Director-General of the ILO to make available all necessary support in that regard and the Officers of the Governing Body to report back on the ILO high-level mission at its 332nd Session (March 2018) on the determination on whether concrete progress had been achieved by means of the social dialogue fostered by the round table; and (d) suspended the approval of a decision on the appointment of a Commission of Inquiry pending the report of the high-level mission at its 332nd Session (March 2018). In this context, the Committee urges the Government to take the necessary measures to ensure that the current process will allow the achievement of positive results and lead to full compliance with the Convention in future. The Committee requests the Government to provide information in this regard.

The Committee observes that both the Government and all the organizations which provided observations also referred in their communications to the system of the “Socialist Cestaticket”. The Committee considers that issues relating to this system do not lie within the scope of Convention No. 26 and that it is appropriate to address this subject within the framework of Convention No. 95.

Protection of wages

Article 1 of Convention No. 95. Components of remuneration. The Committee notes that in the 2016 complaint a phenomenon of “desalarization” in the country is denounced, particularly in relation to the “Socialist Cestaticket”. The Committee notes the Government’s confirmation in its reply that the national legislation provides for this system as a food benefit to protect the purchasing power of workers in relation to food, to strengthen their health, prevent occupational diseases and promote greater labour productivity (section 1 of the Legislative Decree on the Socialist Cestaticket for men and women workers, Decree No. 2066 of 23 October 2015). The Committee also notes that Decree No. 2066 provides that this benefit shall be provided to workers by the employer (section 2). The Committee further notes that the Decree provides, in accordance with section 105(2) of the Basic Labour Act (LOTTT), that the benefit shall not be considered as wages, unless it is so recognized in collective agreements or individual contracts of employment. The Committee recalls that the subject of “desalarization” in relation to food benefits in the country has already been examined in the past (General Survey on the protection of wages, 2003, paragraph 47). In this context, the Committee recalled that, in accordance with Article 1 of the Convention, all the components of workers’ remuneration, irrespective of how they are denominated or calculated, are protected by the Convention. In light of the characteristics of the “Socialist Cestaticket” (sections 1 and 2 of Decree No. 2066), the Committee considers that, for the purposes of the Convention, this benefit is a component of the remuneration of workers. Accordingly, even though the national legislation provides that the “Socialist Cestaticket” is not in the nature of a wage, this benefit has to be examined in light of the provisions of the Convention.

Article 4. Payment in kind. The Committee notes that, in accordance with Decree No. 2066: (i) the employer may choose between various modalities for the provision of the “Socialist Cestaticket”, including the provision of food at the workplace or the provision of food tickets or electronic cards (section 4); (ii) in certain exceptional cases, the benefit may be paid in cash (sections 5 and 6); and (iii) when so required for reasons of social interest, the national executive may order modifications in the modalities, terms and amounts applicable for the provision of the benefit (section 7). In this regard, the Committee notes that, in a series of decrees adopted within the context of the state of emergency and economic urgency since 2016, the amount of the “Socialist Cestaticket” has been increased regularly. The Committee notes that both FEDECAMARAS and the IOE, and the UNETE, CTV, CGT and CODESA, as well as the CTASI, indicate in their observations that since 2016 the value of the “Socialist Cestaticket” has been higher than the minimum wage and that the overall remuneration of workers (the minimum wage and the “Socialist Cestaticket”) does not cover the basic basket. The Committee recalls that Article 4 of the Convention provides that the partial payment of wages may be authorized in the form of allowances in kind and that in cases in which such payment is authorized, appropriate measures shall be taken to ensure that: (a) allowances in kind are appropriate for the personal use and benefit of the worker and her or his family; and (b) the value attributed to such allowances is fair and reasonable. The Committee also recalls that it has considered that governments, before authorizing the payment in kind of a high proportion of workers’ wages, should carefully assess whether such a measure is reasonable based on its possible repercussions for the workers concerned, having regard to national circumstance and the interests of the working people (General Survey on the protection of wages, 2003, paragraph 118). The Committee considers that these considerations are particularly significant in the case of workers who receive the minimum wage. The Committee notes the Government’s indications that the increase in the amount of the “Socialist Cestaticket” has been necessary to maintain the purchasing power of workers in the context of the problems faced by the Venezuelan economy, and particularly the high rates of inflation, and that this benefit would be paid in cash since May 2017, in accordance with the temporary modalities adopted in the context of the state of emergency and economic urgency. Nevertheless, the Committee requests the Government to take the necessary measures 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, with a view to ensuring full conformity with Article 4 of the Convention. The Committee invites the Government to consider the possibility of having recourse to ILO technical assistance.

Finally, the Committee notes the indication by the UNETE, CTV, CGT and CODESA, and the CTASI, in their observations that the non-wage nature of the “Socialist Cestaticket” has an impact on other social benefits which are calculated in relation to the level of workers’ wages. In this regard, the Committee observes that, although this subject could be addressed appropriately in the context of the supervision of other ratified Conventions respecting social protection, it is not regulated by Convention No. 95.

The Committee is raising other matters concerning the application of Convention No. 95 in a request addressed directly to the Government.

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

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.

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

Article 2 of the Convention. Scope of application. The Committee notes that, in reply to its previous comment, the Government refers to section 627 of the Basic Labour Act, which establishes penalties applicable to employers that do not comply with their obligations in relation to the payment of wages, but which is not at all relevant to the exclusion of domestic workers from the scope of application of the Labour Code. The Committee recalls in this respect that, under the terms of section 275 of the Basic Labour Act, the provisions of Titles II, III and IV, including those relating to the protection of wages, are not applicable to domestic workers who reside in the house where they provide their services. The Committee once again requests the Government to take the necessary measures to ensure that all workers without exception benefit from the protection of wages in accordance with the terms of the Convention. It requests the Government to keep it informed of any development in this respect.

Article 8. Deductions from wages. The Committee notes the Government’s indications that deductions from wages can only be made in the cases envisaged by the applicable collective agreements, and that deductions can be intended, among other reasons, for savings funds or for the purchase of food, personal goods or clothing. It also notes that such deductions are made on the basis of a percentage of the worker’s wage, on condition that the quality of life of the worker or her or his family is not prejudiced. The Committee requests the Government to indicate the legal provisions which establish that collective agreements may permit deductions from wages for the above purposes and which determine the limits on the amounts of such deductions. The Government is also requested to provide a copy of any relevant text in this respect.

The Committee also notes the information contained in the Government’s report concerning the provisions of collective agreements which permit workers to have access to credit for the purchase of goods or services, training or leisure activities, using their wage as a guarantee of payment. However, it notes that these indications do not constitute a reply to its previous comment on this point. The Committee therefore once again requests the Government to provide: (i) an exhaustive list of all the cases in which wages may be pledged as guarantee in accordance with section 132 of the Basic Labour Act; (ii) the overall limits to authorized deductions in such cases; (iii) the applicable legal provisions in this respect (for example, a decree issued under section 132 of the Basic Labour Act, if such exists); and (iv) information on the application of such provisions in practice.

The Committee further notes the Government’s reference in its report to section 165 of the Basic Labour Act, under which debts contracted by the employee with the employer may be paid off, during the employment relationship, up to the limit of one third of the wage. The Committee requests the Government to provide fuller information on the type of debts that the employee may contract with the employer (other than those referred to in the report: loans with a view to the purchase of a residence or a vehicle) and on the interest rates which may be applicable in the context of such loans.

The Committee notes that the Government has not replied to the other issues raised in its previous direct request. It is therefore bound to reiterate its comments on the following points.

Article 9. Deductions from wages for the purpose of obtaining or retaining employment. Noting that the Basic Labour Act and its Regulations contain 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 requests the Government to take the necessary action to ensure that full effect is given to the Convention in this regard.

Article 12, paragraph 2. Termination of the employment relationship. While noting the provision of section 165 of the Basic Labour Act, the Committee requests the Government to indicate the measures taken or envisaged to ensure that, upon the termination of a contract of employment, a final settlement of wages is effected within a reasonable period of time, in accordance with the terms of this Article of the Convention.

Article 15(d). Wage records. The Committee notes that, by virtue of sections 4 and 5 of resolution No. 2921 of 14 April 1998, employers are under the obligation to submit to the competent authorities, once every three months, a report containing information on the number of workers employed, the type of employment, the hours of work performed and the amount of wages paid. However, the Committee draws the Government’s attention to the fact that this reporting requirement involves general information for statistical purposes and does not therefore fully meet the requirements set out in the Convention with regard to the maintenance of wage records in an approved form and manner. The Committee requests the Government to indicate the measures taken to ensure that detailed payroll records are maintained, showing in respect of each worker employed such particulars as the gross amount of wages earned, any deduction, including the reasons therefor, and the net amount of the wages due.

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

The Committee notes the information supplied by the Government in its report as well as the adoption of Decree No. 3.235 of 20 January 1999 to make regulations under the Organic Labour Act.

Article 2 of the Convention. Further to its previous comment, the Committee notes the Government’s intention to undertake a labour reform, having already designated by resolution No. 580 of 16 March 2000 a committee of experts in order to carry out a detailed examination of all labour laws and regulations, including those on special conditions of employment, which will provide the opportunity to improve the situation of domestic workers. Recalling that the Convention applies to all workers to whom wages are paid or payable, the Committee hopes that the Government will take whatever steps may be necessary to ensure that all workers without exception benefit from wage protection in accordance with the terms of the Convention. It requests the Government to keep it informed of any progress made in this respect.

Article 8. The Committee notes the Government’s reference to sections 108(2), 134, 165 and 670 of the Organic Labour Act as being related to section 132 of the same Act which provides that wages cannot be pledged as guarantee except in the cases and within the limits determined by law. The Committee would appreciate the Government making an effort to provide in its next report: (i) an exhaustive list of all the cases in which wages may be pledged as guarantee; (ii) the overall limits to authorized deductions in connection with these cases; (iii) the applicable legal provisions and copies of any relevant legal text not already supplied; and (iv) information, in accordance with Part V of the report form, on the application of such provisions in practice.

Article 9. Noting that the Organic Labour Act and its Regulations contain no provision 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 requests the Government to take the necessary action to ensure that full effect is given to the Convention in this regard.

Article 12(2). While noting the provision of section 165 of the Organic Labour Act, the Committee asks the Government to indicate the measures taken or contemplated to ensure that, upon the termination of a contract of employment, a final settlement of wages is effected within a reasonable period of time in accordance with the terms of this Article of the Convention.

Article 15(d). The Committee notes the information supplied by the Government to the effect that, by virtue of articles 4 and 5 of resolution No. 2.921 of 14 April 1998, employers must submit to the competent authorities once every three months a report containing information on the number of workers employed, the type of employment, the hours of work performed, and the amount of wages paid. However, the Committee is bound to observe that this reporting requirement involves rather general information for statistical purposes and therefore does not fully satisfy the conditions set out in the Convention with regard to the maintenance of adequate wage records. The Committee asks the Government to indicate measures taken to ensure that detailed payroll records are maintained, showing in respect of each worker employed such particulars as the gross amount of wages earned, any deduction including the reasons therefore and the net amount of wages due.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 2 of the Convention. The Committee recalls that, under section 275 (Title V, Chapter II) of the Organic Labour Act, domestic workers are excluded from the scope of application of Title III (remuneration). It further recalls that they were covered by the provisions concerning wages of the Labour Act of 1983. It also notes that the Government did not indicate in its first report the exclusion of domestic workers from the protection of the Act in compliance with Article 2(3) of the Convention. In the absence of information on this point in the report, the Committee requests the Government to indicate the measures taken to apply the Convention as regards domestic workers.

Article 8. In the previous request, the Committee asked the Government to provide information on the law that sets forth the cases and the limits in which the wage can be pledged as guarantee in accordance with section 132 of the Act. In reply, the Government refers to section 108, paragraph 2, as amended (19 June 1997). The Committee notes that this provision concerns the limit up to which the seniority allowances could be pledged as guarantee, and asks the Government to indicate relevant legal provisions concerning the other components of wages.

Article 15(d). The Committee recalls that the Government's report received in February 1991 referred to the maintenance of a personnel register by the employer under section 87 of the Regulation on the Social Security Act. It asks the Government to indicate whether measures have been taken to require the maintenance by the employer of records of the wage payments, by such means as regulations made under the Organic Labour Act.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

1. The Committee notes the comments made by the World Confederation of Labour on the application of the Convention by Venezuela. The WCL alleges that the employees of the penal judiciary have been obliged, since the reform of the system in 1998, to work two hours longer per day without being compensated by the increase in wages.

The Committee notes the information supplied by the Government to the effect that, following the entry into force of the Organic Code of Penal Procedures, the work schedules within the penal judiciary had to be modified. Because of this and on the basis of the collective agreements in force as well as of the decision of the Magistrates Council, the shifts ("turnos") were established respecting the number of hours (seven hours) of work. In addition, compensatory payments (equivalent to 30 per cent of hourly wages) are granted to those who carry out their work at certain shifts. The Committee notes the above information.

2. Further to its previous observation, the Committee requests the Government to supply information on the application in practice of the provisions of the Organic Labour Act amended in 1997. It also asks the Government to respond in its next report to the points raised in the request which is addressed directly to it.

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

The Committee notes the information supplied by the Government in reply to its previous request, in particular, concerning the application of provisions on wage protection of the Organic Labour Act to homeworkers and rural workers, the relation between the provisions of section 132 (unique paragraph) and those of section 446 of the Act, and the application of Article 14(b) of the Convention.

Article 2 of the Convention. The Committee recalls that, under section 275 (Title V, Chapter II) of the Organic Labour Act, domestic workers are excluded from the scope of application of Title III (remuneration). It further recalls that they were covered by the provisions concerning wages of the Labour Act of 1983. It also notes that the Government did not indicate in its first report the exclusion of domestic workers from the protection of the Act in compliance with Article 2(3) of the Convention. In the absence of information on this point in the report, the Committee requests the Government to indicate the measures taken to apply the Convention as regards domestic workers.

Article 8. In the previous request, the Committee asked the Government to provide information on the law that sets forth the cases and the limits in which the wage can be pledged as guarantee in accordance with section 132 of the Act. In reply, the Government refers to section 108, paragraph 2, as amended (19 June 1997). The Committee notes that this provision concerns the limit up to which the seniority allowances could be pledged as guarantee, and asks the Government to indicate relevant legal provisions concerning the other components of wages.

Article 15(d). The Committee recalls that the Government's report received in February 1991 referred to the maintenance of personnel register by the employer under section 87 of the Regulation on the Social Security Act. It asks the Government to indicate whether measures have been taken to require the maintenance by the employer of records of the wage payments, by such means as regulations made under the Organic Labour Act.

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

The Committee notes that the Governing Body, at its 268th Session (March 1997), adopted the report of the tripartite committee set up to examine the representation, made under article 24 of the Constitution, in which allegations of non-observance by Venezuela of certain Conventions, including Convention No. 95, were made by the Venezuelan Workers' Confederation (CTV), the Single Central Organization of Workers of Venezuela (CUTV), the General Confederation of Workers of Venezuela (CGT), the Confederation of Autonomous Trade Unions (CODESA), and the National Trade Union of Public Employees and Officials of the Judiciary and of the Council of the Magistracy (ONTRAT).

The Committee notes that the Governing Body invited the Government, in accordance with the recommendations of the above committee, to report on the measures taken to ensure that the allowances paid by virtue of several laws and regulations referred to by the above organizations of workers are covered by the protection provided for in Articles 3 to 15 of the Convention.

In response, the Government has supplied a copy of the Tripartite Agreement on Integral Social Security and Wage Policy (ATSSI) dated March 1997, which contains a section on the "salarization" of allowances, noting the following: in the public sector, the allowances received by workers by virtue of decrees and agreements will constitute a part of their wage up to the amount of the minimum wage, and the remaining allowances will be progressively integrated into their wage during the year 1998; in the private sector, the allowances under Decree No. 1240 of 6 March 1996 and No. 617 of 11 April 1995 will form part of wages upon the entry into force of the legal reform, and within the following 12 months the remaining incomes will be converted into wage; and that provisions of the Organic Labour Act which gave rise to the "desalarization" of remuneration, including sections 133, 138 and 146, will be amended with a view to consolidating the wage nature of all the remunerations of the worker.

The Committee notes with satisfaction that the Organic Labour Act was amended in the manner indicated above on 19 June 1997 and, in particular, that its section 133, paragraph 1, now stipulates that the subsidies or facilities which the employer grants to the workers to provide them with goods or services for improving their life bear the character of wages, and that collective agreements or individual contracts may exclude up to 20 per cent of wages in the calculation of benefits, allowances or indemnities arising from the employment relationship. It notes that the amounts excluded from the wage-based calculation by virtue of the latter provision are thus covered by the other provisions of the Act concerning the protection of wage payment.

The Committee requests the Government to supply information on the application in practice of these amended provisions of the Organic Labour Act.

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

The Committee asks the Government to supply information on the following points.

Article 2 of the Convention. The Committee notes that, under section 275 (Title V, Chapter II) of the Organic Labour Act, domestic workers are excluded from the scope of application of Title III (remuneration). It recalls that they were covered by the provisions concerning wages of the Labour Act of 1983. Recalling also that the Government did not indicate in its first report the exclusion of domestic workers from the scope of the Convention in accordance with Article 2(3), the Committee requests the Government to indicate the measures taken to apply the Convention as regards domestic workers. Please also state whether the special categories of workers such as homeworkers (Title V, Chapter IV, in particular, section 291) and rural workers (Chapter VI) are covered by Title III as well as by these special provisions.

Article 8. (i) Please provide information on the law that sets forth the cases and the limits in which the wage can be pledged as guarantee in accordance with section 132 of the Act. (ii) Please clarify the relation between the provisions of section 132 (unique paragraph) concerning the deductions from wages (in enterprises with more than 50 employees, upon the request of the employee) and those of section 446 which obliges the employer to deduct from wages contributions to trade unions.

Articles 14(b) and 15(d). The Committee recalls that the Government's report received in February 1991 referred to the maintenance of personnel register by the employer under section 87 of the Regulation on the Social Security Act. It asks the Government to indicate whether measures have been taken to require: (i) the information for the employee of the variable particulars of wages at the time of each payment, and (ii) the maintenance by the employer of records of the wage payments, by such means as regulations made under the Organic Labour Act.

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

The Committee notes that the Governing Body, at its 267th Session (November 1996), entrusted to a tripartite committee the examination of a representation made by the Venezuelan Workers' Confederation (CTV), the Single Central Organization of Workers of Venezuela (CUTV), the General Confederation of Workers of Venezuela (CGT), the Confederation of Autonomous Trade Unions (CODESA), and the National Trade Union of Public Employees and Officials of the Judiciary and of the Council of the Magistracy (ONTRAT) under article 24 of the Constitution, alleging non-observance by Venezuela of certain Conventions including Convention No. 95.

Pending the adoption by the Governing Body of the conclusions and recommendations of the above committee, the Committee is addressing a direct request to the Government concerning certain provisions of the Organic Labour Act of 20 December 1990 which are not the subject of the above representation.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee asks the Government to supply further information on the following points.

Article 2 of the Convention. The Committee notes that, under section 275 (Title V, Chapter II) of the Organic Labour Act, domestic workers are excluded from the scope of application of Title III (remuneration). It recalls that they were covered by the provisions concerning wages of the Labour Act of 1983. Recalling also that the Government did not indicate in its first report the exclusion of domestic workers from the scope of the Convention in accordance with Article 2(3), the Commiettee requests the Government to indicate the measures taken to apply the Convention as regards domestic workers. Please also state whether the special categories of workers such as homeworkers (Title V, Chapter IV, in particular, section 291) and rural workers (Chapter VI) are covered by Title III as well as by these special provisions.

Article 4. Noting that the definition of wage under section 133 includes food and lodging, the Committee asks the Government to provide information on the practice concerning the provision by the employer of food and lodging.

Article 8. (i) Please provide information on the law that sets forth the cases and the limits in which the wage can be pledged as guaranty in accordance with section 132 of the Act. (ii) Please clarify the relation between the provisions of section 132 (unique paragraph) concerning the deductions from wages (in enterprises with more than 50 employees, upon the request of the employee) and those of section 446 which obliges the employer to deduct from wages contributions to trade unions.

Articles 14(b) and 15(d). The Committee recalls that the Government's report received in February 1991 referred to the maintenance of personnel register by the employer under section 87 of the Regulation on the Social Security Act. It asks the Government to indicate whether measures have been taken to require: (i) the information for the employee of the variable particulars of wages at the time of each payment, and (ii) the maintenance by the employer of records of the wage payments, by such means as regulations made under the Organic Labour Act.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with satisfaction that the Organic Labour Act (published in the Official Gazette, 20 December 1990, No. 4240 extraordinary, pages 1-75) gives effect, among other things, to the provisions of Articles 6, 10 and 13, paragraph 1 of the Convention, on which the Committee had previously commented.

It is also addressing a direct request to the Government on certain points.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

With reference to its previous comments, the Committee notes the explanations given by the Government in its last report and wishes to refer to the following points.

1. Article 6 of the Convention. In its previous comments, the Committee noted that there is no explicit provision prohibiting employers from limiting in any manner the freedom of the worker to dispose of his wages and that the provisions restricting deductions, attachments and assignments from wages do not cover all the possible ways in which workers can be limited in their freedom to dispose of their wages. The Committee notes that, according to the Government's indications in its report, practice over the years has revealed no inadequacies in the legislation in guaranteeing the freedom of the worker to dispose of his wages. The Committee notes the Government's statement that its comments will be transmitted to the National Congress and requests the Government to inform it of the measures that have been taken or are envisaged to bring the law that is in force into conformity with the Convention and with national practice.

2. Article 8. The Committee notes the Government's explanations. In this connection, the Committee notes the Government's statement that the deductions that may be made from the wages of workers are for very small amounts (such as, deductions for compulsory social security contributions), with the possible exception of their debts. The Committee considers that, precisely to avoid the risk of this possibility with regard to the debts referred to by the Government, measures should be adopted to lay down an overall limit to the amount of deductions which may be made from the worker's wages. The Committee requests the Government to inform it of the measures that it is considering adopting in order to provide the above protection for the wages of workers.

3. Article 9. The Committee notes the Government's statement that a future legislative reform could be the occasion on which to bring national legislation into conformity with the provisions of this Article of the Convention. While noting the explanations given by the Government concerning the provisions of the national legislation which are related to this Article of the Convention, the Committee hopes that the Government will take the necessary initiative to undertake the above legislative reform and to bring national legislation into conformity with the provisions of the Convention.

4. Article 10. The Committee recalls that, having analysed the various provisions of the laws mentioned by the Government, it found that they did not give effect to this Article of the Convention. The Committee therefore once again states that it would be grateful if the Government would inform it whether it considers it necessary to take steps to establish an upper limit to the total amount of the attachment(s) to which the wages of workers may be liable. The Committee also notes that since there is no provision concerning the assignment of wages, insufficient protection is given to wages. The Committee therefore requests the Government to inform it of the measures that have been adopted or are envisaged in this connection to give effect to this Article of the Convention.

5. Article 13, paragraph 1. The Committee recalls that, when noting the explanations given by the Government in its previous report, it suggested that the Government should, when possible, take the steps that it considers to be necessary to bring the national legislation into conformity with the provisions of the Convention. The Committee therefore hopes that the Government will inform it in due course of the measures that have been adopted for this purpose.

6. Article 14. The Committee recalls that it suggested that the Government should consider, when possible, introducing legislative measures to give effect to this Article. The Committee therefore hopes that the Government will supply information in its next report on the measures that have been adopted in this respect.

7. Article 15(d). In its previous comments, the Committee requested the Government to indicate the legal texts obliging the employer to maintain records as set out in this Article, and, taking into account the provisions of this Article of the Convention, of the measures that the Government is considering adopting to bring the national legislation into conformity with the provisions of this Article. With regard to the interest expressed by the Government concerning the meaning and scope of this provision, the Committee invites the Government to refer to the preparatory reports for the Convention, from which it may be understood that the intention of the Conference was to establish machinery for effective supervision by the labour inspectorate regarding the protection of wages. The Committee also once again requests the Government to indicate which legislative measures are necessary, are under consideration or have been adopted, to give effect to the provisions of the Convention.