Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

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

The Committee notes the observations of the Confederation of Autonomous Trade Unions (CODESA), the Confederation of Workers of Venezuela (CTV), the Federation of University Teachers’ Associations of Venezuela (FAPUV), the General Confederation of Workers (CGT), the Independent Trade Union Alliance Confederation of Workers (CTASI), the National Union of Workers of Venezuela (UNETE) and the United Federation of Workers of Venezuela (CUTV), received on 31 August 2024. The Committee requests the Government to provide its comments in this respect.

Articles 1(a) and 2 of the Convention. Definition of remuneration. Legislation. Since 2014, the Committee has been urging the Government to amend its legislation to ensure that, except for the wage, all additional benefits received by workers and arising out of their employment, are considered as remuneration for the purposes of the application of the Convention (see the 2012 General Survey on the fundamental Conventions, paragraphs 686–694). The Committee notes with concern that the Government provides no indication in its report of any progress in this respect and that it affirms its position that the Convention is duly implemented given that the benefits under section 105 of the Basic Act concerning labour and men and women workers (LOTTT) are of an accidental, potential and social character. The Government also emphasizes the difficulty in reforming constitutional labour regulations. The Committee reiterates once again that, in order to ensure application of the Convention, 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 that this is all the more concerning in view of the observations of the above-mentioned trade unions, which emphasize that wage bonuses have become standard for pay adjustment and that, further to the fixing of the minimum wage in 2022, subsequent increases have been decided by means of meal allowances or vouchers (cesta ticket), the value of which is more than ten times the value of the minimum wage and the “economic war bonuses” allocated by the Government at its discretion. The Committee once again 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 the Convention in accordance with the definitions set out in Article 1(a).

Articles 1(b) and 2. Equal remuneration for men and women for work of equal value. Legislation. The Committee recalls that, since 2003, it 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 with concern that the Government has not reported any progress in this regard. The Committee notes that the Government merely refers, in general, to article 21 of the Constitution and section 20 of the LOTTT to guarantee equality and equity between men and women workers, and to the fact that section 109 of the LOTTT is a binding public order rule, and that there is currently no claim against labour inspection alleging violation of that provision. The Committee notes the observations of the trade unions, stating that the Government does not recognize that the legislation is narrower than the Convention and that the Government’s reply does not describe how section 109 of the LOTTT is applied. The Committee once again urges 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.

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