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Maternity Protection Convention, 1919 (No. 3) - Venezuela (Bolivarian Republic of) (RATIFICATION: 1944)

Article 3(d) of the Convention (nursing breaks). The Committee notes with interest the information communicated by the Government in response to its previous comments in which the Committee pointed out the necessity of guaranteeing women public servants or employees who work in industrial or commercial establishments the right to nursing breaks of at least half an hour twice a day. In this respect, the Committee notes with satisfaction that article 393 of the Organic Labour Act, which provides for such nursing breaks, is applicable to public servants and employees by virtue of article 8 of the said Act.

Articles 1 and 3(c) (coverage of the social security scheme). (a) Referring to its previous comments, the Committee notes the adoption of the Act of 20 July 1991 partially reforming the Social Security Act. It notes in particular that, pending the extension of social security coverage to all inhabitants of the country, under article 2 of this Act, the protection of the mandatory social security scheme applies to permanent workers. Concerning other categories of workers, notably homeworkers, domestic workers and temporary or occasional workers, the application of the mandatory scheme will be determined by the executive authority. The Committee therefore requests the Government to indicate in its next report any measure taken or envisaged with a view to extending the social security scheme (maternity insurance) to all workers and all regions of the country in order that all categories of women workers employed in industrial or commercial undertakings, private or public (including public servants or employees), benefit fully from the protection provided for in the Convention. The Committee also requests the Government to indicate what regions are covered by the social security scheme (maternity insurance).

(b) The Committee notes with interest that article 4 of the Act of 20 July 1991 mentioned above provides that by a special resolution a substitute allowance in case of maternity may be established in localities not covered by the social security scheme or by free medical assistance. The Committee would request the Government to send the text of the special resolution once adopted.

(c) As regards women public servants or employees, the Committee notes the statement of the Government according to which despite the fact that these workers are not covered under the maternity insurance scheme by virtue of article 3 of the Social Security Act, 1967, as modified by the Act of 20 July 1991, they benefit none the less from hospitalization, surgery and maternity insurance (HCM) as well as from the necessary medical assistance given by the medical services existing in each ministry. The Committee requests the Government to indicate the relevant legislative provisions or regulations and to furnish the text.

Article 4 (prohibition of dismissal of women who are public servants or employees). Referring to its previous comments, the Committee notes with interest the decision mentioned by the Government in its report of the Supreme Court of Justice of 4 December 1985 which, based on articles 74 and 93 of the Constitution, grants the right of stability in their employment for pregnant workers who are public servants or employees, including those occupying positions to which appointments are made, and, consequently, ensures their right to full pre- and post-natal leave without discrimination.