Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

1. Part II (Invalidity benefit), Article 10; Part III (Old-age benefit), Article 17; Part IV (Survivors' benefit), Article 23 (in conjunction with Article 26) of the Convention. In reply to the comments made by the Committee for several years, the Government once again states that statistics on the calculation of benefits as requested in the report form are not available.

The Committee recalls that, in accordance with section 98 of the General Regulations under the Social Insurance Act, the wage that is subject to contributions which serves as a basis for the calculation of benefits is subject to a ceiling. In this respect, the Convention, in order to prevent the ceiling being set at too low a level and therefore reducing in practice the scope of the protection provided, states in Article 26, paragraph 3, that the required level of benefits must be attained where the previous earnings of the beneficiary or his breadwinner, are equal to or lower than the wage of a skilled manual male employee. Although fully aware of the difficulties encountered by the Government, the Committee is bound to insist once again on the fact that the absence of statistics, as required in the report form approved by the Governing Body under Titles I to IV of Article 26, do not yet enable it to assess the manner in which effect is given to the above Articles of the Convention. In these conditions, it once again hopes that the Government will make every effort to compile the above statistics and transmit them with its next report.

2. Part IV (Survivors' benefit), Article 21, paragraph 1 (in conjunction with Article 1(h)(i)). In reply to the Committee's previous comments concerning the need to amend section 33 of the Social Insurance Act in order to raise from 14 to 15 years the age up to which children shall be entitled to a survivors' pension, the Government states that no change is currently envisaged to the above Act. In these circumstances, the Committee is bound to urge the Government once again to take the necessary measures to bring the national legislation into full conformity with the Convention on this point.

3. Part V (Standards to be complied with by periodical payments), Article 29. The Committee notes the information supplied by the Government on the adjustment of certain pensions following the adoption of the Act to harmonize social insurance pensions and the retirement benefits and pensions of the public administration with the national minimum wage (minimum subsistence pension). In order to be in a position to assess the manner in which effect is given to Article 29 in practice, the Committee hopes that the Government's next report will contain the statistics requested in the report form under this Article of the Convention both with regard to the adjustment of the benefits currently paid to a standard beneficiary (and not only the minimum subsistence pension), and changes in the cost of living and the general level of earnings during the period covered by the report.

4. Part VI (Common provisions), Article 32, paragraph 1(d) and (e) and paragraph 2. In its previous comments, the Committee requested the Government to bring section 160 of the General Regulations under the Social Insurance Act, according to which the pension is not provided when the contingency is caused by a violation of the law, a crime or an offence against morals or decency, into formal conformity with Article 32, paragraph 1(d) and (e), which only authorizes the suspension of benefit where the contingency has been caused by a criminal offence committed by the person concerned, or by the serious misconduct of the person concerned. In its latest report, the Government states in this respect that no amendment to the General Regulations under the Social Insurance Act is currently envisaged. In these conditions, the Committee cannot but once again hope that the Government's next report will indicate the measures which have been taken or are envisaged to bring the national legislation formally into conformity with the above provisions of the Convention. It also hopes that on the occasion of the revision of the legislation full account will be taken of Article 32, paragraph 2, of the Convention, which provides that in the case of the suspension of the benefit, part of the benefit otherwise due shall be paid to the dependants of the person concerned.

5. Part VII (Miscellaneous provisions), Article 38. The Committee notes the information supplied by the Government. It would be grateful if the Government would supply detailed information in its next report on the implementation of the Convention with regard to employees in the agricultural sector, with an indication in particular of any increase in the number of employees protected in the agricultural sector, in accordance with paragraph 3 of Article 38.

[The Government is asked to provide a detailed report in 1998.]