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

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

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.