Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 100) sur l'égalité de rémunération, 1951 - Venezuela (République bolivarienne du) (Ratification: 1982)

Article 1(a) of the Convention. Definition of remuneration. The Committee notes that section 104 of the Basic Act concerning labour and male and female workers (LOTTT), which was adopted on 7 May 2012, defines wages as the remuneration due to the worker for the provision of services and that this includes commissions, bonuses, gratuities, shares in benefits or profits, premiums, vacation bonuses, and also extra allowances for public holidays, overtime or night work, food and housing. However, the Committee notes that social benefits are not regarded as remuneration and that section 105 does not consider the following social benefits to be remuneration: services at primary education centres; food benefits, whether in the form of canteen services, coupons or electronic cards; reimbursement of medical costs; work clothes; school supplies and toys; training grants or courses; and funeral expenses. The Committee recalls that the Convention sets out a very broad definition of “remuneration” designed to encompass all elements that a worker may receive for his or her work, in addition to the basic wage. Such additional components are often considerable, often accounting for a large proportion of overall earnings. Remuneration also includes all allowances paid under social security schemes financed by the undertaking or industry concerned (see General Survey on the fundamental Conventions, 2012, paragraphs 686–692). The Committee asks the Government to take the necessary measures to ensure that all employment-related additional benefits received by workers, such as those provided for in section 105 of the LOTTT, and also allowances paid under social security schemes, are considered as remuneration for the purposes of the application of the principle of the Convention and it asks the Government to provide information on the progress made in this regard.

Article 1(b). Equal remuneration for work of equal value. Legislation. For several years the Committee has been referring to the need to incorporate the principle of the Convention in the legislation. The Committee notes with regret that the Government has not taken the opportunity afforded by the adoption of the LOTTT to include in the latter the principle of equal remuneration for men and women for work of equal value. Section 109 of the Act provides that equal wages shall be paid for equal work performed in the context of the same jobs, hours of work and conditions of efficiency. The Committee recalls that the concept of “work of equal value” established in the Convention includes but goes beyond equal remuneration for “equal”, “the same” or “similar” work, since it also encompasses work of an entirely different nature, but which is nevertheless of equal value (see General Survey, 2012, paragraph 673). Since the concept of “work of equal value” lies at the heart of the fundamental right of equal remuneration for men and women for work of equal value, and the promotion of equality, the Committee asks the Government to take the necessary steps to amend section 109 of the LOTTT in order to give full legislative expression to the principle of the Convention. The Committee asks the Government to keep it informed of any developments in this respect.

The Committee is raising other matters in a request addressed directly to the Government.