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

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

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers’ Associations of Venezuela (FAPUV), received on 30 August 2021. The Committee also takes note of the observations of 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. The Committee requests the Government to provide its comments in this respect.

Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes the indication in the Government’s report that a study on the gender pay gap is being undertaken with all relevant national organisms. The Government also refers to women’s participation in Production Councils of Workers (at a rate of 32.46 per cent in 2020) as well as the rate of women benefiting from monetary long-term benefits (pensions) (59.9 per cent of total recipients) and from the “Gran Misión Hogares de la Patria” (78 per cent of total beneficiaries). The Committee also notes from the Government’s report on the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), that the Programmatic agenda for women and gender equality 2025, adopted within the framework of the Plan de la Patria 2025, includes among its objectives the emancipation of gender equality seeking the full equity on working conditions and enjoyment of economic rights, and the fight against patriarchal domination in all levels of the educational system and in culture. The Committee takes note of the observations presented by the CTV, the FAPUV and the CTASI, according to which there is no official data on the gender pay gap after 2011 and that, according to a 2020 National Survey on Living Conditions carried out by the Institute for Economic and Social Investigation (IIES), in 2020 there was a wide gender gap in the rate of economic participation, of 71 per cent for men and 43 per cent for women. The same organizations also highlight the lack of collaboration with the Government in the application of the Convention. The Committee wishes to recall that, in order to be able to address discrimination and unequal pay, and to determine whether the measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential and thus that more information is needed on the employment rate, sectors of occupation and remuneration, disaggregated by gender. The Committee requests the Government to: (i) continue providing information on measures taken to address the gender pay gap, including in the framework of the Programmatic agenda for women and gender equality 2025; and (ii) provide further information on the content of the study that is being carried out, and particularly whether it will contain statistics and any other information, disaggregated by sex, which would make it possible to evaluate the gender pay gap by sector, clarify its causes and assess trends.

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

The Committee notes the observations of the Confederation of Workers of Venezuela (CTV), the Independent Trade Union Alliance Confederation of Workers (CTASI) and the Federation of University Teachers' Associations of Venezuela (FAPUV) regarding the application of the Convention, received on 30 August 2021. The Committee also takes note of the observations of the Bolivarian Socialist Confederation of Men and Women Workers in Urban and Rural Areas and Fishing of Venezuela (CBST-CCP) on 8 September 2021. The Committee requests the Government to provide its comments in this respect.

Articles 1(a) and 2 of the Convention. Definition of remuneration. Legislation. In its previous comment, the Committee asked the Government to adopt the necessary measures to ensure that all the additional benefits received by workers and arising out of their employment, such as those set out in section 105 of the Basic Act concerning labour and men and women workers (LOTTT), are considered to be remuneration so that the principle of the Convention is fully implemented. The Committee observes that, in its report, the Government once again refers to section 104 of the LOTTT, which provides a definition of “remuneration” and “normal salary”, and that remuneration is used as the basis to calculate social benefits. The Committee notes, however, that section 105 of the LOTTT continues to enumerate social benefits that are not considered to form part of remuneration. The Committee therefore urges the Government to amend its legislation to ensure that all additional benefits received by workers and arising out of their employment, such as those set out in section 105 of the LOTTT, are considered as remuneration for the purposes of applying the principle of equal remuneration for work of equal value set out in the Convention.

Articles 1(b) and 2. Equal remuneration for men and women work of equal value. Legislation. Since 2003, the Committee has been referring to the need to include in the legislation the principle of equal remuneration for men and women for work of equal value. The Committee notes that the Government reiterates in its report that section 109 of the LOTTT, which provides for the principle of equal salary for equal work, is in line with the principle of the Convention. It also clarifies that distinctions in salary may be made depending on productivity or reasons founded in criteria foreseen by law, such as family responsibilities, seniority, professional training, assiduity, savings in raw materials, union membership and others. The Committee is bound once again to draw the Government’s attention to the fact that provisions that limit equal remuneration to “equal”, “the same”, “similar” or “substantially similar” are narrower than what is required by the Convention (see General Survey of 2012 on the fundamental Conventions, paragraph 677). The Committee once again requests the Government to take the necessary measures without delay to amend section 109 of the LOTTT in order to give full legislative expression to the principle of the Convention. It also asks the Government to provide information on how section 109 of the LOTTT is applied in practice.

The Committee is raising other matters in a request addressed directly to the Government.

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

The Committee notes the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI) regarding the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), received on 31 August 2017.

Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes that the CTASI indicates that, while a very large number of women have entered the labour market, they are mainly in areas of lower productivity and remuneration. Referring to changes in the earnings of women in relation to those of men between 2005 and 2013 (second half of the year), it adds that, although the figures have not been updated for several years, specialists in this area indicate that the tendency is still for growth. The Committee also notes the information provided by the Government in relation to changes in the earnings gap between men and women between the first half of 2012 and the second half of 2016 and in the employment rate between April 1999 and April 2016. The Government indicates that it has an active policy for the promotion of gender equality in the social process of labour. The Government adds that equality in employment is evidenced by a difference of less than 2 per cent in the employment rates of women and men. The Committee notes that, according to the data provided by the Government, the pay gap has been increasing; in the first half of 2012, women received 82.2 per cent of the remuneration received by men, while in the second quarter of 2016, they received 77.9 per cent. This tendency was visible at all levels of economic activity, except the “electricity, gas and water” sector (in which in the same period the figure rose from 91.9 per cent to 135.6 per cent).

The Committee recalls that, in order to be able to address discrimination and unequal pay, and to determine whether the measures taken are having a positive impact, data and research on the actual situation, including the underlying causes, are essential. Gender pay gaps are principally attributable to the following factors: horizontal and vertical occupational segregation of women into lower paying jobs or occupations and lower level positions without promotion opportunities; lower, less appropriate and less career-oriented education, training and skill levels; household and family responsibilities; perceived costs of employing women; and pay structures (see General Survey of 2012 on the fundamental Conventions, paragraphs 712 and 869). The Committee continues to consider that, in order to be able to evaluate adequately the manner in which the Convention is applied, and also the nature, extent and causes of the gender pay gap, more information is needed on the employment rate, sectors of occupation and remuneration, disaggregated by gender. The Committee recalls the importance of analysing the position and pay of men and women in all job categories within and between sectors (see 2012 General Survey, paragraph 888). Accordingly, the Committee once again asks the Government to adopt the necessary measures to collect and provide statistics and any other information, disaggregated by sex, which would make it possible to evaluate the gender pay gap by sector, clarify its causes and assess trends. The Committee also asks the Government to provide information on the measures taken to address the gender pay gap.

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

Article 1(a) of the Convention. Definition of remuneration. In its previous comment, the Committee noted the provisions of sections 104 and 105 of the Basic Act concerning labour and men and women workers (LOTTT), of 30 April 2012, respecting wages and social benefits not considered to be remuneration. Food benefits for men and women workers are included among the social benefits not considered to be remuneration. On that occasion, the Committee recalled that the Convention sets out a very broad definition of the term “remuneration” designed to encompass all elements that a worker may receive for his or her work, in addition to the basic wage. In its 2012 General Survey on the fundamental Conventions, paragraph 687, the Committee indicated that if only the basic wage were being compared, much of what can be given a monetary value arising out of the job would not be captured, and such additional components are often considerable, making up increasingly more of the overall earnings package.

The Committee notes the information provided by the Government in its report in relation to the constitutional and legal provisions in force respecting wages and the food benefit commonly known as the Cestaticket. The Government also refers in its report to the increase in the minimum wage between 1992 and 2017, and in the overall average wage (including the food benefit) between 1999 and 2017. With regard to the food benefit system the Committee refers to its comments on the Protection of Wages Convention, 1949 (No. 95). Recalling that the application of the Convention requires the examination of equality both in relation to the job and the remuneration received, the Committee once again asks the Government to adopt the necessary measures to ensure that all the additional benefits received by workers and arising out of their employment, such as those set out in section 105 of the LOTTT, including the food benefit and the benefits paid under the social security system, are considered to be remuneration so that the principle of the Convention is fully implemented, and requests the Government to provide information on any progress made in this respect.

Article 1(b). Equal remuneration for work of equal value. Legislation. In its previous comment, the Committee noted that, for several years it has been referring to the need to incorporate the principle of the Convention in legislation. It had noted with regret that the Government had not taken the opportunity afforded by the adoption of the LOTTT to include the principle of equal remuneration for men and women for work of equal value. In the absence of information indicating any developments in this respect and, as the concept of “work of equal value” is central to the fundamental right of equal remuneration for men and women for work of equal value and the promotion of equality, the Committee once again requests the Government to take the necessary measures to amend section 109 of the LOTTT in order to give full legislative expression to the principle of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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

Articles 1 and 2 of the Convention. Gender wage gap. The Committee notes the information provided by the Government relating to the labour inspections undertaken to verify the payment of the minimum wage and the food benefit to all men and women workers without discrimination. The Government indicates that there is no gender-based distinction in wages and it supplies information on the implementation of the Women’s Equality Plan 2009–13. The Committee emphasizes that, in the context of the Plan, the Women’s Development Bank (BanMujer) has granted credit to men and women in agriculture, manufacturing, commerce and services, creating more than 55,000 productive jobs. The Government has also taken measures to ensure access to education for boys and girls. The Committee notes that, according to the statistics of the Economic Commission for Latin America and the Caribbean (ECLAC), the average income of women in 2012 was 83 per cent of that of men. The Committee recalls that wage differentials remain one of the most persistent forms of inequality between women and men. The persistence of these differentials means that there is a need for measures to raise awareness of the application of the principle of equal remuneration for men and women for work of equal value and to evaluate, promote and ensure its application in practice. However, the Committee considers that in order to be able to evaluate adequately the manner in which the Convention is applied and also the nature, extent and causes of the gender wage gap, more information is needed on the employment rate, sectors of occupation and remuneration, disaggregated by sex. The Committee requests the Government to take the necessary steps to compile statistics and any other information, disaggregated by sex, that would make it possible to evaluate the gender wage gap by sector, clarify its causes and assess trends. The Committee also requests the Government to provide information on the measures taken to address the gender wage gap.

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

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 104 of the Basic Act concerning labour and male and female workers (LOTTT), which was adopted on 7 May 2012, defines wages as the remuneration due to the worker for the provision of services and that this includes commissions, bonuses, gratuities, shares in benefits or profits, premiums, vacation bonuses, and also extra allowances for public holidays, overtime or night work, food and housing. However, the Committee notes that social benefits are not regarded as remuneration and that section 105 does not consider the following social benefits to be remuneration: services at primary education centres; food benefits, whether in the form of canteen services, coupons or electronic cards; reimbursement of medical costs; work clothes; school supplies and toys; training grants or courses; and funeral expenses. The Committee recalls that the Convention sets out a very broad definition of “remuneration” designed to encompass all elements that a worker may receive for his or her work, in addition to the basic wage. Such additional components are often considerable, often accounting for a large proportion of overall earnings. Remuneration also includes all allowances paid under social security schemes financed by the undertaking or industry concerned (see General Survey on the fundamental Conventions, 2012, paragraphs 686–692). The Committee asks the Government to take the necessary measures to ensure that all employment-related additional benefits received by workers, such as those provided for in section 105 of the LOTTT, and also allowances paid under social security schemes, are considered as remuneration for the purposes of the application of the principle of the Convention and it asks the Government to provide information on the progress made in this regard.

Article 1(b). Equal remuneration for work of equal value. Legislation. For several years the Committee has been referring to the need to incorporate the principle of the Convention in the legislation. The Committee notes with regret that the Government has not taken the opportunity afforded by the adoption of the LOTTT to include in the latter the principle of equal remuneration for men and women for work of equal value. Section 109 of the Act provides that equal wages shall be paid for equal work performed in the context of the same jobs, hours of work and conditions of efficiency. The Committee recalls that the concept of “work of equal value” established in the Convention includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work, since it also encompasses work of an entirely different nature, but which is nevertheless of equal value (see General Survey, 2012, paragraph 673). Since the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality, the Committee asks the Government to take the necessary steps to amend section 109 of the LOTTT in order to give full legislative expression to the principle of the Convention. The Committee asks the Government to keep it informed of any developments in this respect.

The Committee is raising other matters in a request addressed directly to the Government.

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

Follow-up of the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution by the International Organisation of Employers (IOE) and the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS)). The Committee recalls that in its previous request it asked the Government to provide information on the provisions in force which establish differences in benefits for men and women workers who adopt children. The Committee notes the Government’s indication that there are currently no differences in social benefits or the socio-economic allowances received by men and women workers who adopt a child.

Wage gap and statistical data. The Committee notes the Government’s indication that the employment rate for women is 92 per cent, while that of men is 92.6 per cent. The Committee also notes the statistical information provided by the Government on the global indicators of the labour force in both the formal and informal economies, disaggregated by sex for the period September 2009–September 2010, as well as indicators of the economically active population by branch of economic activity and employment status for the period 2004–10. This information is the outcome of the household sample survey undertaken in the context of the evaluation of the Equality Plan for Women 2004–09. The Committee also notes that the Equality Plan for Women 2009–13, to which the Government refers, provides among its areas of action for “wage parity in all productive sectors”. Although emphasis should be placed on the efforts made by the Government to provide statistical data, the Committee observes in particular that the indicators on the economically active population by branch of economic activity are not sufficient for an adequate evaluation of the employment situation of women and their remuneration as they are not disaggregated by sex and do not include information on the remuneration earned by men and women. The Committee emphasizes the importance of having available full information allowing an appropriate evaluation of the type, level and causes of differences in remuneration between men and women and the progress achieved in the application of the principle of the Convention. The Committee, therefore, asks the Government as follows:

• (i) to continue its efforts with a view to compiling statistics and any other type of information disaggregated by sex as a basis for determining the remuneration gap between men and women workers by sector and its causes, and to assess the respective trends, and provide information in that regard;
• (ii) report on the implementation of the Equality Plan for Women 2009–13, particularly concerning the measures adopted to achieve equal wages parity; and
• (iii) provide information on any other measures adopted by the Ministry for Women with a view to achieving the objectives of the Convention.

Legislation. The Committee asks the Government to take the necessary measures to include in the legislation the principle of equal remuneration for men and women for work of equal value, and to provide information on any progress achieved in this respect.

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

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

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

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

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

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

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

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

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

Legislative reforms

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information contained in the Government's report and attached documentation.

1. For some years, the Committee has raised questions regarding the definition in the legislation of the concept of "equal work ", the elements that are considered to constitute remuneration, and the manner in which conditions of efficiency and capability are taken into account in determining wages for different occupations. For clarity on this point, the Committee takes note of the chronology of the relevant legislation. In past responses to the Committee's direct requests, the Government has stated that article 87 of the Venezuelan Constitution and section 73 of the 1936 Labour Act guarantee equality of remuneration between men and women. The principle expressed in section 73, which provided that the quantity and quality of services rendered must be taken into account in fixing the wages or salary for each type of work, was carried over into section 130 of the 1990 Organic Labour Act. Section 135, the equal remuneration provision of the 1990 Organic Labour Act, provided that "equal wages or salary shall be paid for equal work performed in equivalent positions, the same work hours and under the same conditions of efficiency. To this end, the worker's ability relative to the type of work performed shall be taken into account". The language of sections 130 and 135 were subsequently incorporated into the Organic Labour Act of 1997. In past reports, the Government has made reference to rulings by the Supreme Court of Justice interpreting the concept of equal pay for work of equal efficiency and ability in the context of section 73 of the pre-1990 labour law. In light of the Government's statement that the Supreme Court may break with precedent when ruling on new legislation, the Committee requests the Government to provide information regarding the manner in which sections 130 and 135 of the Organic Labour Act of 1997 have been interpreted by the Court, and to supply copies of any relevant decisions rendered.

2. The Committee recalls that the principle of equality within the meaning of Article 1 of the Convention refers to equal remuneration for men and women workers for work of equal value (see 1986 General Survey on equal remuneration, paragraphs 19 to 23, 52 to 70 and 138 to 152). In this regard, the Committee notes with interest the tripartite agreement between the Government, the Federation of Chambers of Commerce and Business and Manufacturing Associations (FEDECAMARAS) and the Confederation of Venezuelan Workers (CTV), noting particularly the reference in the agreement to the creation of a tripartite ad hoc committee charged with drafting the instruments necessary to bring Venezuelan legislation and practice into compliance with international labour norms adopted by the Government. The Committee requests the Government to provide, in its next report, a copy of the Order of 5 May 1997 referred to in the tripartite agreement. The Government is also asked to keep the Committee informed of the status of the tripartite ad hoc committee, providing full information on any recommendations made by that committee relevant to application of the Convention.

3. In connection with the application of Article 3, the Committee notes with interest the Job Classification Manuals for the Public Sector provided by the Government. It notes that posts in the public service are placed in classes under the same heading, depending upon the type and purpose of the work, and are assigned grades based upon the minimum requirements of the work, its relative complexity, the amount of duties and responsibilities corresponding to the work, and working conditions, without distinction as to the sex of the worker. The Committee recalls that job evaluation is a formal procedure which, through analysing the content of jobs, seeks to rank those jobs in terms of their value. Its aim is to evaluate the job and not the individual worker. In light of the language of sections 130 and 135 of the Organic Labour Act, the Committee requests the Government to indicate the measures taken or contemplated to promote the objective appraisal of jobs on the basis of the work to be performed and to ensure that criteria such as efficiency, productivity and capability are not applied in a discriminatory manner in violation of the principle of the Convention.

4. Further to its previous comments, the Committee again requests the Government to provide information in response to the comments made by the International Organization of Employers (IOE) holding that the Government had not implemented the measures recommended by the Governing Body in its May 1993 report (GB.256/15/16) regarding the representation made by FEDECAMARAS and the IOE under article 24 of the ILO Constitution. Specifically, the Government is asked to indicate whether it has implemented or contemplates implementing the Governing Body Committee's recommendations regarding compliance with this Convention that measures should be taken to ensure that no differentiation is made on the grounds of sex between benefits paid by employers to men and women workers who adopt minors or who become foster parents with a view to adoption.

5. The Government indicated in a past report that the National Costs, Prices and Wages Board issues wage recommendations which are based on the principle of equality. The Committee requests the Government to provide information on the measures adopted in practice by the Board to promote the application of the principle of equal remuneration for men and women workers for work of equal value, and to provide copies of recommendations issued by the Board.

6. The Committee notes the Government's statement in a previous report that the application of the principle of equal remuneration is entrusted principally to labour inspectors. The Committee requests the Government to supply information in its next report on the number of inspections carried out relative to the application of the Convention, the number of violations found, action taken and sanctions imposed, if any.

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

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

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

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

(...)

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

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

5. The Committee notes the Government's statement that the application of the principle of equal remuneration is entrusted principally to labour inspectors and that the National Costs, Prices and Wages Board issues wage recommendations which are based on the principle of equality. The Committee requests the Government to supply information on the measures adopted in practice by these bodies to promote the application of the principle of equal remuneration for men and women workers for work of equal value, based on an objective appraisal of jobs.

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

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

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

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

(...)

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

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

5. The Committee notes the Government's statement that the application of the principle of equal remuneration is entrusted principally to labour inspectors and that the National Costs, Prices and Wages Board issues wage recommendations which are based on the principle of equality. The Committee requests the Government to supply information on the measures adopted in practice by these bodies to promote the application of the principle of equal remuneration for men and women workers for work of equal value, based on an objective appraisal of jobs.

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

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

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

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

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

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

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

5. The Committee notes the Government's statement that the application of the principle of equal remuneration is entrusted principally to labour inspectors and that the National Costs, Prices and Wages Board issues wage recommendations which are based on the principle of equality. The Committee requests the Government to supply information on the measures adopted in practice by these bodies to promote the application of the principle of equal remuneration for men and women workers for work of equal value, based on an objective appraisal of jobs.

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

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

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

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

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

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

5. The Committee notes the Government's statement that the application of the principle of equal remuneration is entrusted principally to labour inspectors and that the National Costs, Prices and Wages Board issues wage recommendations which are based on the principle of equality. The Committee requests the Government to supply information on the measures adopted in practice by these bodies to promote the application of the principle of equal remuneration for men and women workers for work of equal value, based on an objective appraisal of jobs.

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

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

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

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

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

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

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