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

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

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.