Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Venezuela (Bolivarian Republic of) (Ratification: 1982)

Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48. The Committee notes the statistical information supplied by the Government on the scope of the two parts of the Convention referred to. It notes with interest, in particular, the information on the extension of the coverage of the social security scheme to the working population of other sectors in various parts of the country. The Committee notes that, according to the statistics supplied, in 1992 the number of persons covered by the general scheme of the Venezuelan Social Security Institute stood at 2,034,494 and that of the active population, 6,654,556. In this connection, the Committee observes that, according to the ILO Bulletin of Labour Statistics for 1993, the total number of wage earners in 1991 stood at 4,534,709 and that the percentage of employees protected (45 per cent) does not therefore seem fully to meet the requirement of paragraphs (a) of Articles 9 and 48 of the Convention (50 per cent of all employees). In these circumstances, the Committee hopes that the Government will pursue its efforts gradually to extend the social security scheme to new categories of employees. It asks the Government to provide information on all progress made in this respect. The Government is also asked to continue to provide the statistical information referred to, which is required under Title I of the report form adopted by the Governing Body, Article 76, paragraph 1(b), of the Convention, specifying the total number of employees protected, not only under the general scheme but also under special schemes, and the total number of employees for the same period.

Part II (Medical care), Article 10, paragraph 1(a). In answer to the Committee's previous comments, the Government states that the Board of Governors of the Venezuelan Social Security Institute (IVSS) has not yet adopted new internal rules under section 119 of the General Regulations of the Social Security Act, in view of the restructuring of the IVSS now under way, one of whose objectives is to create a governing body which will have the functions of the present Board of Governors. The Committee notes this statement, as well as the text of the Act respecting the restructuring of the IVSS of 20 March 1992. It asks the Government to report on progress in the restructuring. The Government is also asked to provide the text of any specific regulations or agreements enabling it to ascertain the nature of the various medical benefits granted in conformity with Article 10, paragraph 1(a) of the Convention.

Part VIII (Maternity benefit), Article 50 (read in conjunction with Article 65). The Committee notes that the Government's report does not contain the statistical information which it requested and which it needs to ascertain whether the amount of maternity benefits attains the percentage prescribed by the Convention (45 per cent) for a standard beneficiary whose wage is equal to that of a skilled manual male employee, in accordance with Article 65, paragraph 3.

The Committee asks the Government to provide, in particular, the statistical information requested in Titles I and V, Article 65, of the report form adopted by the Governing Body.

Part VIII (Maternity benefit), Article 52. (1) The Committee notes with interest that, under section 385 of the Organic Labour Act which came into effect on 1 May 1991, the postnatal maternity rest period is 12 weeks. It also notes with interest the Government's statement that the social security legislation which provides for the payment of postnatal maternity benefit for a shorter period than the one prescribed in the new Organic Labour Act, will be brought into line with the latter. The Committee asks the Government to indicate the measures it plans to take to harmonize the social security legislation with the Organic Labour Act in this respect, in conformity with Article 52 of the Convention, which provides that when national laws or regulations require or authorize a longer period of abstention from work, maternity periodical payments may not be limited to a period less than such longer period.

(2) The Committee observes that, according to the Government's report, under section 143 of the General Regulations of the Social Security Act, insured persons are entitled to maternity benefit equivalent to "six weeks before the probable date of confinement and ten further weeks starting from the date of the confinement". Since the texts available at the Office (section 11 of the Social Security Act, 1967 version; and section 143 of the General Regulations, 1979 version), postnatal maternity benefit is equivalent to six weeks, the Committee asks the Government to indicate under which provision the social security legislation was amended, and to provide a copy of it.