Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Venezuela (Bolivarian Republic of)

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1944)
Protection of Wages Convention, 1949 (No. 95) (Ratification: 1982)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wage) and 95 (protection of wages) together. The Committee takes note of the joint observations of the Federation of Chambers and Associations of Commerce and Production of Venezuela (FEDECAMARAS) and the International Organisation of Employers (IOE) on the application of Convention No. 26, received on 1 September 2018 and 5 November 2019. The Committee also takes note of the observations of the Independent Trade Union Alliance Confederation of Workers (CTASI) relating to the application of Convention No. 95, received in 2018. Finally, the Committee takes note of the observations of the Confederation of Workers of Venezuela (CTV) on the application of Conventions Nos 26 and 95, received on 6 September 2019.

The Commission recalls that it examined in detail the application of Conventions Nos 26 and 95 at its 2017 session. The Committee takes note that, in the context of the complaint submitted under article 26 of the ILO Constitution by 33 employers’ delegates at the 2015 session of International Labour Conference against the Bolivarian Republic of Venezuela for non-observance of Conventions Nos 26, 87 and 144, the Governing Body appointed a Commission of Inquiry to examine the complaint in March 2018. The Committee also takes note that in application of article 29 of the ILO Constitution: (i) the Director-General of the International Labour Office communicated the report of the Commission of Inquiry to the Government in September 2019; and (ii) the Government shall, within three months, inform whether or not it accepts the recommendations contained in the report of the Commission, and, if not, whether it proposes to refer the complaint to the International Court of Justice. Finally, the Committee takes note that the Commission of Inquiry requested the Government to submit reports on the application of the Conventions covered by the complaint, including on Convention No. 26, to the Committee of Experts for examination at its 2020 session. In this context, and in view of the linkages between the issues addressed by the ratified Conventions on wages, the Committee intends to examine in detail the application of Conventions Nos 26 and 95 at its next session. The Committee hopes that it will be in a position to do so on the basis of detailed reports to be submitted by the Government on these Conventions, together with its comments with regard to the observations submitted by the above-mentioned employers’ and workers’ organizations.

[The Government is asked to reply in full to the present comments in 2020.]