Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

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. With reference to its previous comments, the Committee notes with interest, from the Government's report, that the coverage of the general social security scheme has been extended to the public sector employees, as regards medical care and cash benefit for temporary incapacity, by Decree No. 3325 of 13 January 1994, and that basic principles permitting the affiliation of artisans and artists to this scheme were laid down by Decree No. 2558 of 1992. The Government adds that studies have been carried out with a view to further extending its coverage to some other categories of workers and geographical regions of the country. As the statistical data also supplied by the Government with its report does not yet reflect these changes, the Committee would be grateful if the Government's next report would contain up-to-date statistical information in the form required under Title I, article 76, paragraph 1(b), of the report form on the Convention adopted by the Governing Body, specifying in particular the number of employees protected in relation to the total number of employees.

Part II (Medical care), Article 10, paragraph 1(a). The Committee notes the information provided by the Government with respect to restructuring of the Venezuelan Social Security Institute (IVSS) and decentralizing its medical care services, as well as the regulations of hospitals of the IVSS. In view of the fact that neither the Social Insurance Act, nor the General Regulations issued under it, specify the types of medical care ensured to the protected persons, the Committee would like the Government to indicate what specific provisions in laws, regulations or administrative rules guarantee the provision of the types of the medical care required by Article 10, paragraph 1(a), of the Convention. Please supply also, when adopted, a copy of the internal rules to be issued by the Board of Governors of the IVSS in pursuance of section 119 of the above-mentioned General Regulations stipulating that the IVSS will provide medical care in the form and conditions set forth by the Board.

Part VIII (Maternity benefit), Article 50 (in conjunction with Article 65). Further to its previous comments, the Committee recalls that by virtue of section 98 of the General Regulations of the Social Insurance Act, a ceiling is applied to the wages that are subject to social security contributions; it therefore has requested the Government since 1989 to supply statistical information enabling it to verify that the amount of maternity benefit attains the percentage prescribed by the Convention (45 per cent) for a women employee whose wage is equal to that of a skilled manual male employee, in accordance with paragraph 3 of Article 65 of the Convention. In reply, the Government once again referred to the statistical information compiled by the IVSS which however does not contain the required data. In this situation, the Committee strongly hopes that the Government will take the necessary measures in order to compile and to supply in its next report the statistical information requested in Titles I and V under article 65 of the report form on the Convention adopted by the Governing Body.

Part VIII (Maternity benefit), Article 52. In reply to the Committee's previous comments, the Government indicates that the payment of the postnatal maternity benefit is made in accordance with section 385 of the Organic Labour Act, in force from 1 May 1991, and not in accordance with section 143 of the General Regulations of the Social Insurance Act. The said Regulations will be amended to expressly extend the duration of the payment of postnatal maternity benefit to the end of the 12 week-period of postnatal maternity leave established by section 385. The Committee notes this information with interest. It hopes that this amendment will be adopted soon so as to formally harmonize the social security legislation with the Organic Labour Act in this respect, in line with Article 52 of the Convention.