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

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) - Venezuela (Bolivarian Republic of) (Ratification: 1944)

The Committee notes the information supplied by the Government in reply to its last comment. Specifically, the Committee notes with interest the adoption of Decree No. 4.446 of 28 April 2006, section 1 of which establishes the minimum wage applicable to all workers, whether urban or rural, including domestic workers, irrespective of the number of workers in the enterprise. It notes that the amount of the monthly minimum wage was 465,700 bolivars (US$217) from 1 May 2006 and 512,325 bolivars (US$239) from 1 September 2006. It also notes Decree No. 5.318 of 25 April 2007, which increased the amount of the minimum wage to 614,790 bolivars (US$286) from 1 May 2007, representing an increase of 20 per cent.

The Committee also notes the adoption of Decree No. 4.447 of 25 April 2006 issuing regulations to implement the Organic Labour Act. It notes with interest that this Decree no longer authorizes – in contrast to section 32 of the previously applicable regulations – the conclusion of apprenticeship contracts with a lower minimum wage for workers between 18 and 25 years of age. Moreover, it notes that the abovementioned Decrees Nos 4.446 and 5.318 provide for a lower minimum wage for apprentices under the age of majority, unless they perform their work in conditions identical to those of adult workers.

Moreover, the Committee notes the comments made by the International Organisation of Employers (IOE) on the application of the Convention, which were received on 27 September 2007 and forwarded to the Government on 15 October 2007. In particular, it notes the comments of the IOE concerning the lack of social dialogue in the country and the Government’s refusal, for more than eight years, to convene the national tripartite committee mandated, in accordance with section 167 of the Organic Labour Act, to make recommendations on the revision of the minimum wage. In this respect, it also notes section 61 of the abovementioned Decree No. 4.447, which authorizes minimum wage fixing machinery other than that provided for by section 167 of the Organic Labour Act. The Committee recalls that Article 3 of the Convention requires, as a fundamental principle of any system for the fixing of minimum wages, the full and effective consultation of employers’ and workers’ organizations, and their participation on an equal footing in the aforementioned minimum wage fixing machinery. Moreover, the Committee notes that the 2007 Enabling Act allows the President of the Republic to adopt, as from 1 February 2007 for a period of 18 months, decrees having the same validity as acts in a large number of spheres, including economic and social affairs. The Committee trusts that the Government will discharge its obligations under the Convention with regard to the participation of employers’ and workers’ organizations on an equal footing in the minimum wage fixing machinery. It requests the Government to forward its comments in reply to the comments made by the IOE on the application of the Convention.

While noting with interest the information supplied by the Government regarding the evolution of the minimum wage in absolute terms and in relation to the cost of the basic food basket, the Committee requests the Government to continue supplying information on the application of the Convention in practice, particularly information concerning changes in the minimum wage in relation to the rate of inflation.

[The Government is asked to reply in detail to the present comments in 2008.]