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Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s report received in August 2008. The Government refers to the strategic guidelines for the economic and social development plan 2007–13 and the specific measures adopted in agriculture. In relation to Article 4, the Government states that in 2008 agricultural projects worth US$6 billion were funded, increasing food production by 39 percentage points, restoring irrigation systems and creating five mixed enterprises for food processing in the context of the Bolivarian Alternative for the Americas. The Committee refers to its other comments on the application of the Employment Policy Convention, 1964 (No. 122), and the Human Resources Development Convention, 1975 (No. 142), which are related to Convention No. 117, and hopes that the Government will include in its next report on the present Convention an up to date summary of the manner in which the “improvement of standards of living” has been regarded as “the principal objective in the planning of economic development” (Article 2 of Convention No. 117).
Part IV. Remuneration of workers. With regard to the amount of advances on wages, the Government again refers to section 165 of the Organic Labour Act, which states that, for the whole duration of the employment relationship, any debts incurred by workers vis-à-vis the employer may only be paid off on a weekly or monthly basis in quantities which shall not exceed one third of the equivalent of the weekly or monthly wage, as the case may be. The Government explains that all debts incurred by any worker vis-à-vis the employer during the employment relationship shall be paid off on a weekly or monthly basis in quantities proportional to the monthly wage received. The Committee understands that that provision is designed to limit the maximum amount and manner of repayment of advances on wages. Furthermore, the Government explains that, as regards the possibility that a worker may be enticed into accepting employment and subsequently be obliged to repay any advances, the principles of irrecoverability and availability of wages make it impossible for a worker to be enticed into accepting employment and then be obliged to offset or repay any advance. The Committee requests the Government to provide information in its next report on any court rulings or administrative decisions covering the abovementioned matters of principle to ensure the application of Article 12(2) and (3) of the Convention.
1. Parts I and II of the Convention. Improvement of standards of living. The Committee requests the Government to include in its next report an updated assessment of the manner in which "the improvement of the standard of living" has been considered as "the principal objective in the planning of economic development" (Article 2 of the Convention) and to inform it of the results achieved to increase the production capacity and to improve the living standards of agricultural producers (Article 4).
2. Part IV. Remuneration of workers. The Committee notes the Government’s statement in its report received in October 2003 that the matters raised by the Committee of Experts will be borne in mind when the legislative drafts reforming the Organic Labour Act and its Regulations are brought before the National Assembly. The Committee recalls that in its previous comments, it referred to section 165 of the Act which provides that "during an employment relation, debts contracted by the workers to their employers shall be repayable, in weekly or monthly instalments, only if the amounts of repayment are less than one-third of one week’s or one month’s wages, depending on the case …". The Committee again indicates that Article 12, paragraphs 1 and 2, of the Convention, in addition to regulating the means of repaying advances on wages, provides that the amount of advances which may be made to a worker in consideration of his/her taking up employment shall be limited by the competent authority. Consequently, the Committee reiterates its hope that, in the near future, the Committee will adopt the necessary measures to regulate the amount of advances on wages, including advances which may be made to a worker in consideration of his/her taking up employment, in accordance with the relevant provisions of the Convention. In fixing the maximum amount of advances on wages, measures should also be adopted to make any advance in excess of the amount laid down legally irrecoverable (Article 12, paragraph 3).
The Committee notes the information supplied by the Government in its report in response to its earlier comments.
Article 12, paragraphs 1 and 2, of the Convention. The Committee notes the Government's indication that section 165 of the Organic Labour Act provides that "during an employment relation, debts contracted by the workers to their employers shall only be repayable, in weekly or monthly instalments, if the amounts of repayment are less than one third of the equivalent of one (1) week's or one (1) month's wages, depending on the case...". The Committee reminds the Government that besides regulating the manner in which repayment of advances on wages shall be made, Article 12, paragraphs 1 and 2, provide that the amount of advances which may be made to a worker in consideration of his taking up employment, shall be regulated by the competent authority. The Committee therefore hopes that the Government will adopt in the near future the necessary measures to regulate the amount of advances on wages, including the advances which may be made to a worker in consideration of taking up employment, in conformity with these provisions of the Convention.
Article 12, paragraph 3. The Committee hopes that the Government, when determining the maximum amount of advances on wages, will also take steps to render any advance in excess of the amount fixed legally irrecoverable.
Article 8 of the Convention. The Committee notes with interest the copy supplied by the Government of the Act approving the Andean Instrument on Labour Migration (Official Gazette No. 2, 310 of 20 September 1978), which provides, among other things, for equal labour rights for migrant workers and workers of the country of immigration (article 12) and for facilities for the transfer of migrant workers' wages and savings to their homes (article 14), in compliance with this provision of the Convention. The Committee hopes that the Government's future reports will include information on any other agreements of a similar nature.
Article 12. The Committee notes that section 108(1)(d) of the Organic Labour Act, 1990, to which the Government refers, regulates the payment upon termination of an employment relationship. It notes the Government's statement that it hopes to resolve other points in the Regulations under the Organic Labour Act. The Committee requests the Government to report on any progress made with a view to limit the amount of advances on wages that may be made and to make any advance in excess of the prescribed amount legally irrecoverable.
Article 15. The Committee notes that the information supplied by the Government concerns mainly pre-primary education. It hopes that the Government will include in its future reports information on the development of broad systems of education and vocational training, with particular reference to the availability of educational services in the interior of the country.
With reference to its previous comments, the Committee notes the information supplied in the Government's report, and in particular concerning Articles 7 and 13 of the Convention.
Article 8. The Committee notes the Government's indication of various measures taken for the protection of foreign workers in Venezuela and Venezuelan workers in foreign countries. It again requests the Government to state whether agreements have been concluded with any foreign countries in order to regulate matters of common concern in connection with migrant workers.
Article 12. The Committee notes the Government's reference to some provisions of the Organic Labour Act (published on 20 December 1990). It notes that section 162 of the said Act prescribes the limit to the distraints upon the remuneration of workers, and that section 165 limits the repayment of debts to the employer, during and at the termination of the employment relationship, to a certain percentage of the remuneration or sums due to the employee. The manner of repayment of advances on wages is thus regulated. It appears, however, that the maximum amounts of advances on wages are not prescribed under this Act. The Committee therefore requests the Government to indicate measures taken or envisaged to limit such amount and also to make any advance in excess of the prescribed amount legally irrecoverable, and to prevent such an advance from being recovered by the withholding of amounts of pay due to the worker at a later date.
Article 15. The Committee notes the Government's statement that the educational services are available to young people not only in the central region but also in the interior of the country. It would be grateful if the Government would supply with its future reports information on the practical application of this Article, including, for example, extracts from official reports, in accordance with point V of the report form.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 7 of the Convention. The Committee notes from the document entitled "Organisation of the territory for the present and the future", supplied by the Government with its report, that it is concerned about internal migrations and that a series of measures are proposed in order to control them. In this connection, the Committee would be grateful if the Government would indicate whether measures have been envisaged to encourage the transfer of the wages of internal migrant workers, who are working temporarily in a region other than the one from which they originate, to the regions of labour supply.
Article 8. The Committee would be grateful if the Government would supply information on whether manpower from other countries is employed and, if so, whether it has been considered necessary to conclude agreements with the competent authorities in order to regulate matters of common concern arising in connection with the use of these labour resources.
Article 12. The Committee would be grateful if the Government would indicate whether there exist legal provisions regulating the maximum amounts and manner of repayment of advances on wages, as well as the way in which the amount to be reimbursed is explained to the worker. It would also be grateful if the Government would indicate whether there exist provisions laying down that any advance in excess of the amount laid down by the competent authority shall be legally irrecoverable and may not be recovered by the witholding of amounts of pay due to the worker at a later date.
Article 13. The Committee would be grateful if the Government would indicate whether there are provisions to encourage independent producers to practice any voluntary form of thrift and if measures have been adopted or are contemplated in order to protect such producers against usary, in particular through action aimed at a reduction of rates of interest on loans and by the encouragement of facilities for loans through cooperative credit organisations or institutions which are under the control of the authorities.
Article 15. The Committee would be grateful if the Government would indicate whether the education services are accessible to young people in all parts of the national territory.
Articles 8 and 14, paragraph 3. The Committee would be grateful if the Government would supply information on whether manpower from other countries is employed and, if so, whether it has been considered necessary to conclude agreements with the competent authorities in order to regulate matters of common concern arising in connection with the use of these labour resources. The Committee would also be grateful for indications as to whether measures have been adopted in order to grant workers who are employed away from their homes, in another country, benefits in cash or in kind to meet the personal or family expenses resulting from this situation. The Committee requests the Government to refer also to its comments concerning Conventions Nos. 3, 87, 97, 98, 100, 111, 143.
Article 13. The Committee would be grateful if the Government would indicate whether there are provisions to encourage independent producers to practice any voluntary form of thrift and if measures have been adopted or are contemplated in order to protect such producers against usary, in particular through action aimed at a reduction of rates of interest on loans and by the encouragement of facilities for loans through co-operative credit organisations or institutions which are under the control of the authorities.
The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:
Article 12. The Committee would be grateful if the Government would indicate whether there exist legal provisions regulating the maximum amounts and manner of repayment of advances on wages, and limits on the amount of advances, as well as the way in which the amount to be reimbursed is explained to the worker. It would also be grateful if the Government would indicate whether there exist provisions laying down that any advance in excess of the amount laid down by the competent authority shall be legally irrecoverable and may not be recovered by the witholding of amounts of pay due to the worker at a later date.