Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards), 121 (employment injury benefits), 128 (invalidity, old-age and survivors’ benefits) and 130 (medical care and sickness benefits) together.

The Committee notes the observations of the Independent Trade Union Alliance Confederation of Workers (ASI) on the application of Conventions Nos 102 and 130, received on 30 September 2020.

The Committee deeply regrets that the Government has not provided a detailed reply to the observations made by the ASI in 2011 and 2016 on the application of the Conventions. The Committee recalls that the ASI alleged: (1) that the legislation envisaged by the Basic Act on the Social Security System of 2002 (LOSSS), as partially reformed in 2012, generates legal inconsistencies due to the lack of clarity and of political will to implement the benefits system envisaged by the Act, resulting in an incomplete, uncoordinated and unequal system; and (2) the existence of procedural difficulties encountered by users of the social security system in asserting their rights before the courts, and particularly the Supreme Court of Justice (TSJ), which has provided contradictory indications concerning the development that should characterize the implementation of the fundamental right to social security, especially through procedural delays and reversals of case law. The Committee urges the Government to provide a detailed reply on this matter and emphasizes the importance of dialogue with the social partners on decisions relating to social security. The Committee also draws the Government’s attention to the new issues raised by the ASI in its 2020 observations (see Article 10 of Convention No. 102, Article 10 of Convention No. 121, Article 13 of Convention No. 130 and Articles 71(3) and 72(2) of Convention No. 102) and requests the Government to provide its comments in this regard.

Part II (Medical care), Article 10 of Convention No. 102, Article 10 of Convention No. 121 and Article 13 of Convention No. 130. Medical care benefits. With reference to its previous comments, the Committee notes the information provided by the Government on the network of health services at the various levels, and the number of medical treatment provided during the years 2016–18. The Committee also notes the ASI’s observations alleging that the current crisis in the country has resulted, among other consequences, in the exhaustion of medicines and basic products for the prevention and treatment of diseases, and lack of care for people with chronic conditions, nutrition problems, pregnant women and newborns, as well as the inadequate management of the COVID-19 pandemic. The Committee requests the Government to provide its comments in this regard and to indicate the manner in which it is ensured that medical care is accessible, under reasonable conditions, to all persons protected, as envisaged by Article 13 of Convention No. 130. With reference to Convention No. 121, the Committee once again requests the Government to provide information on the measures adopted or envisaged to explicitly provide in the relevant legislation for at least the medical care benefits enumerated in Article 10 of the Convention.

Article 16(1) of Convention No. 130. Provision of medical care throughout the contingency. The Committee notes the Government’s reply to its previous request concerning the duration of medical care for insured persons and their spouses and children, taking into account the limitation of 52 weeks set out in section 128 of the General Regulations of the Social Insurance Act. More specifically, the Committee notes the Government’s indication that, once this period has elapsed, the insured worker has to be reassessed to determine the state of incapacity, with a view to determining whether the temporary incapacity persists, whether it has ended, or whether it has become permanent, and that at all times the care and the worker’s income are maintained, in accordance with section 10 of the Social Insurance Act and section 128 of the General Regulations of the Social Insurance Act. The Committee also observes that, according to the information available on the website of the Venezuelan Social Insurance Institute (IVSS) referring to this legislation, in cases where the insured person in receipt of medical care for a long illness exhausts entitlement to medical care that person shall continue to receive such care on condition that there is a favourable medical opinion for that person’s recuperation. Recalling that Article 16(1) of the Convention requires the medical care, as specified in Article 10, to be provided also to the spouses and children of persons protected throughout the contingency, the Committee requests the Government to indicate the provisions of the national legislation which guarantee that all the children and spouses of insured workers shall receive the medical care required by the Convention for as long as necessary.

Articles 10 and 19, in conjunction with Article 5, and Articles 13 and 16(2) and (3) of Convention No. 130. Protected persons and legislation respecting medical care. The Committee notes the information provided by the Government in reply to its previous comments concerning Articles 10 and 19 of Convention No. 130, in conjunction with Article 5, on the protection of the spouses of salaried employees and their dependants, or 75 per cent of the economically active population and their dependants. The Committee also notes the information provided by the Government in reply to its previous requests concerning Articles 13 and 16(2) and (3) of the Convention on the need to provide copies of the laws and regulations specifying the medical care provided to persons protected, and regulating the practice of the continued provision of medical care in cases of sickness when the beneficiary is no longer in the category of persons protected.

Article 22, in conjunction with Article 1(h) of Convention No. 130, Articles 13, 14(2) and 18(1), in conjunction with Article 19 of Convention No. 121, and Articles 10, 17 and 23, in conjunction with Article 26 of Convention No. 128. Level of cash benefits. The Committee takes due note of the information provided by the Government on the level of cash sickness benefits (Convention No. 130) and employment injury benefits (Convention No. 121). With reference to the invalidity, old-age and survivors’ benefits envisaged in Convention No. 128, the Committee notes the information provided and requests the Government to provide information on the application of Articles 10, 17 and 23, in conjunction with Article 26, on the level of invalidity, old-age and survivors’ benefits for a standard beneficiary as determined by the Convention.

Articles 4, 7, 8 and 18, in conjunction with Article 1(e)(i) of Convention No. 121. The Committee notes the information provided by the Government in reply to its previous requests concerning Article 4 (coverage), Article 7 (conditions under which a commuting accident is considered to be an industrial accident), Article 8 (list of occupational diseases) and Article 18, in conjunction with Article 1(e)(i) (age of dependent children) of Convention No. 121.

Article 21 of Convention No. 121 and Article 29 of Convention No. 128. Review of the rates of cash benefits. Statistical data. In its previous comments, the Committee drew the Government’s attention to the need to provide the statistical data required by the report form to be able to assess the real impact of the readjustment of pensions and other long-term cash benefits, taking into account changes in the general level of earnings or fluctuations in the cost of living. The Committee once again requests the Government to provide the specific statistical data necessary to assess the application of Article 21 of Convention No. 121 and Article 29 of Convention No. 128.

Article 22(1)(d)(e) and (2) of Convention No. 121 and Article 32(1)(d)(e) and (2) of Convention No. 128. Reasons for the suspension of benefits. With reference to its previous comments on the need to amend section 160 of the General Regulations of the Social Insurance Act of 1989, as partially modified in 2012, under the terms of which the pension shall not be granted when the contingency (invalidity or partial incapacity) is due to a violation of the law or an offence against morals or decency, the Committee notes the Government’s indication that it intends to refer the amendment indicated previously formally for assessment through the normal channels and corresponding bodies. The Committee notes that the Government makes the same reply in relation to the need to provide that, when benefits are suspended, a proportion shall be provided to the dependants of the beneficiary. The Committee requests the Government to indicate any measures adopted or envisaged to bring the national legislation into conformity with the provisions respecting the suspension of benefits contained in Article 22 of Convention No. 121 and Article 32 of Convention No. 128.

Article 21(1), in conjunction with Article 1(h)(i) of Convention No. 128. Age of children for entitlement to cash benefits in the event of the death of the breadwinner. With regard to the need, as indicated in its previous comments, to amend section 33 of the Social Insurance Act to raise from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension, the Committee notes the Government’s indication that the Committee’s comments will be taken into account when the Social Insurance Act is updated. The Committee firmly hopes that the appropriate measures will be taken, without further delay, to bring the legislation into conformity with the requirements of Article 21(1) of Convention No. 128 and requests the Government to provide information on any measures adopted or envisaged in this regard.

Article 38(2) and (3) of Convention No. 128. Agricultural sector. In its previous comments, the Committee requested the Government to report any increase in the number of employees in agriculture protected under the Convention. The Committee regrets to note that the Government has not provided this information and recalls that Article 38(2) of Convention No. 128 requires each Member which has made a declaration temporarily excluding from the application of the Convention employees in the agricultural sector to indicate in its reports on the application of the Convention any progress which may have been made in this respect or, where there is no change to report, furnish all the appropriate explanations, and that paragraph 3 sets out the requirement to increase the number of employees protected in the agricultural sector to the extent and with the speed that circumstances permit. The Committee once again requests the Government to indicate any increase in the number of employees in the agricultural sector protected by the Convention.

Articles 71(3) and 72(2) of Convention No. 102. General responsibility of the State for the due provision of benefits and for the proper administration of social security institutions and services. With reference to its previous comments on the transition to a reformed social security system based on sound principles of good governance and social dialogue, the Committee notes the Government’s indication concerning the holding in 2017 of a National Constituent Assembly, to which were invited all the sectors and social partners related to, affected or influenced by the legislative changes respecting each of the subjects covered. The Committee also notes the information provided by the Government on the difficulties encountered in maintaining the level of wages and the purchasing power of workers and their families, and the access of the population to essential goods and services during the current economic and social crisis aggravated by the economic and commercial blockade suffered by the country. The Committee further notes the allegations by the ASI in its observations that for the past four years the country has been beset by a large-scale and complex humanitarian emergency, which is compounded by the severe failings of the hospital and health system, giving rise to the need for international assistance and cooperation, as well as, among other matters, the abandonment of certain adult care centres, which became critical in 2019. The Committee also notes the ASI’s allegations on problems relating to good practices in the transparency, control and monitoring of the management of certain cash benefits and social programmes. The ASI emphasizes the urgency of giving effect to the LOSSS, the implementation of which would lead to an improvement in the quality of life as a central priority of social policy. Taking into account the information provided by the Government on the difficulties that are being experienced, the Committee requests it to make every effort to guarantee the provision of medical care and cash benefits to persons protected in the current context, in accordance with the provisions of Article 71(3) of Convention No. 102. The Committee requests the Government to inform it of any measures adopted or envisaged in this regard. The Committee also requests the Government to provide its comments on the ASI’s observations relating to the governance of social security institutions and services.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

In its previous observation on these instruments, the Committee addressed important issues of the transition towards a reformed social security system to be based on sound principles of good governance and social dialogue. According to the Government, although all the implementing legislation foreseen by the Organic Law on the social security system (LOSSS) of 2002 has not been adopted within the five-year time frame initially foreseen, namely that on the health and pensions schemes, there has been progress in 2012 as the social security institutions foreseen in the LOSSS such as the Social Security Treasury and the Superintendencia de Seguridad Social have been established. In reply to the Committee’s requests concerning the new time frame set for the adoption of the legislation implementing the LOSSS, the Government indicates that, pending the adoption of the new legislation, the previously applicable legal framework, including the amended Social Insurance Act of 1967, remains in force. Taking note of the above, the Committee would like to draw the Government’s attention to the points below.

I. Observations by the workers’ organizations

Referring to its previous comments, the Committee notes the Government’s report as well as the new observations supplied by the Independent Trade Union Alliance (ASI) on 22 and 26 August 2016 as well as those jointly supplied by the National Union of Workers of Venezuela (UNETE), the Confederation of Workers of Venezuela (CTV), the General Confederation of Venezuelan Workers (CGT) and the Confederation of Autonomous Trade Unions (CODESA) on 12 October 2016. The Committee notes the important issues raised by the ASI in its observations to which the Government has not responded, namely: difficulties in gaining access to information which is an obstacle to effectively engaging in monitoring the rate of coverage and the management of the social security system; lack of representation of workers in either the Venezuelan Social Insurance Institute (IVSS) or the other public institutions, such as the National Institute for Prevention, Occupational Safety and Health (INAPSASEL) and the National Institute for Socialist Educational Cooperation (INCES); discordant statistics, lack of medical supplies or delays in the payment of pension increments which is only partially compensated by measures aimed at guaranteeing food security to the most vulnerable segments of the population; the legislation foreseen by the LOSSS which generates legal inconsistencies; and procedural difficulties encountered by users of the social security system in asserting their rights before the courts, as the Supreme Court of Justice (TSJ) has given contradictory indications with relation to the development that should characterize the implementation of the fundamental right to social security, particularly through delays in procedures and reversals of case law. The Government has also failed to reply to the numerous observations made previously by the ASI and the CTV stating that these organizations are not the most representative in the national context. The Committee sees no indication that the Government has engaged with the social partners in effective social dialogue relating to the implementation of the reform of the social security system. Recalling that successful reform of social security requires effective involvement of the social partners, the Committee asks the Government to provide a detailed reply in its next report to the comments and criticisms made by the trade union organizations.

II. Medical care

As regards health protection, the report signals the adoption in 2014 of the Act on the Patriot Plan which provides for the progressive articulation of all levels of health protection, promotion, prevention and rehabilitation in the framework of the Areas de salud integral comunitarias over the period 2013–19. The report further makes reference to the creation in 2015 of the Red de Atencion Comunal de Salud (Official Gazette No. 40.723 of 13 August 2015) which establishes the list of medical entities forming part of the public national health system and aims at reforming the structure and functioning of health services with a view to ensuring universal coverage of the population. In view of the constitutional objective of the integration of the health system into the social security system, the Committee would like the Government to indicate how the newly established health protection network is articulated with that administered by the IVSS and to provide statistical information on the amount of out-of-pocket payments made by beneficiaries accessing health care.

Also, recalling that the 1967 Act on social insurance is not adequate to guarantee that full effect is given to Convention No. 130, the Committee regrets that the report does not provide the information requested previously, and once again asks the Government to supply a detailed report on that Convention, indicating the manner in which the numerous legislative measures which have been adopted in recent years give effect to each of its provisions, including on the following points in particular:

• - Articles 10 and 19 (in conjunction with Article 5) (the need for effective coverage of either all employees and their dependants, or 75 per cent of the economically active population and their dependants); 
• - Article 13 (the need to provide copies of the laws and regulations specifying the medical care provided to the persons protected, in compliance with the minimum levels envisaged by this provision of the Convention);
• - Article 16(1) (the need to bring section 127 of the General Regulations of the Act on social insurance into conformity with the established practice of the IVSS, which consists of providing medical assistance throughout the contingency);
• - Article 16(2) and (3) (the need to provide a copy of any decision, circular or administrative rule of the IVSS setting out the practice which consists of providing medical care when the beneficiary is no longer part of one of the groups of protected persons in the case of sickness which began when the person concerned was still part of that group);
• - Article 28(2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension is suspended when the contingency is a result of a violation of the law, a crime or an offence against morals or decency; and
• - Article 22, in conjunction with Article 1(h) (concerning the level of cash sickness benefits).

III. Pensions and other cash benefits schemes

The Committee regrets to note that the Government has not provided the detailed information requested by the report forms under Conventions Nos 121 and 128 enabling it to assess the scope and level of benefits. As mentioned in the Committee’s previous comments related to the levels and coverage of pensions and other social security benefits, statutory social security benefits are still governed by the 1967 Act on social insurance, as amended. The Government indicates that the latest partial amendment to this Act in 2012 resulted in the extension of coverage to self-employed persons. As of 2015, 41.3 per cent of the population was insured with the IVSS and the number of pension beneficiaries from the various schemes put in place (IVSS for the contingencies of old age, invalidity, survivors; Amor Mayor non-contributory old-age pensions; etc.) grew by 527 per cent in the last 15 years. The Committee takes due note of this spectacular result. It also notes however the observations made by the ASI concerning the lack of verifiable statistical data on coverage, the erosion of benefits due to the high inflationary context, the fact that the Social Security Treasury, despite having been created, is still not totally operational, and questions the approach followed by the Government to extend coverage through uncoordinated efforts lacking an integrated legal framework and largely driven by electoral intent. The Committee once again requests the Government to provide detailed reports on Conventions Nos 102 (Parts II and VIII), 121 and 128 indicating the manner in which the national legislation and practice gives effect to each of the provisions of these Conventions based on the report form approved by the Governing Body of the ILO. In particular:

• - With regard to the level of benefits: please demonstrate that cash benefits are of a level that is in conformity with the minimum established by Convention No. 121 in relation to employment injury benefit (Articles 13, 14(2) and 18(1), in conjunction with Article 19); and by Convention No. 128 in relation to old age, invalidity and survivors’ benefits (Articles 10, 17 and 23, in conjunction with Article 26).
• - With regard to Convention No. 121: Article 4 (the need to cover effectively all employees (including apprentices) in the public and private sectors, including cooperatives, and, in the event of the death of the family breadwinner, the prescribed categories of beneficiaries); Article 7 (the need to indicate the conditions under which a commuting accident shall be considered to be an industrial accident giving entitlement to compensation under the social security legislation); Article 8 (the establishment of a list of occupational diseases in accordance with the Convention); Article 10(1) (the need to take the necessary measures to determine explicitly in the legislation the types of medical care provided by the IVSS to insured persons, which shall include at least the care enumerated in the Convention); Article 18 (in conjunction with Article 1(e)(i)) (the amendment of section 33 of the Act on social insurance with a view to raising from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 21 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of the adjustment of pensions, taking into account variations in the general level of earnings and in the cost of living); Article 22(1)(d) and (e) and (2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency).
• - With regard to Convention No. 128: Article 21(1) (in conjunction with Article 1(h)(i)) (the need to amend section 33 of the Act on social insurance to raise from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 29 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of adjustments of pensions, taking into account variations in the general level of earnings or in the cost of living); Article 32(1)(d) and (e) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency); Article 32(2) (the need to provide that when benefits are suspended, a proportion shall be provided to the dependants of the beneficiary); and Article 38 (indicate any increase in the number of employed persons protected in the agricultural sector).
• - With regard to Convention No. 102: Articles 50 and 52 (in conjunction with Article 65) (the need to bring section 143 of the General Regulations on social security into line with section 11 of the Act on social insurance).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Bolivarian Republic of Venezuela is a party to the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Employment Injury Benefits Convention, 1964 (No. 121), the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), and to the Medical Care and Sickness Benefits Convention, 1969 (No. 130). Following the adoption of the new Constitution in 1999, the Government embarked upon a process of the systematic reform of the social security system with the adoption in 2002 of the Organic Act on the social security system (LOSSS), followed in 2005 by the adoption of the Organic Act on prevention, working conditions and the working environment (LOPCYMAT). In 2009, 2010 and 2011, the Confederation of Workers of Venezuela (CTV) and the Independent Trade Union Alliance (ASI) provided comments concerning the social security Conventions ratified by the Bolivarian Republic of Venezuela, reporting dysfunctions in the social security system and problems in the transition to the new system. In view of the need to address in a coherent manner all of the issues related to the reform of the social security system, the Committee has decided to regroup them in a single comment under Convention No. 102, as this is the instrument which establishes, in conjunction with the other social security Conventions, the general framework for the international obligations assumed by the Bolivarian Republic of Venezuela in this field.

I. Establishment of an integrated social security system

The Constitution of 1999 establishes in article 86 the right of all persons to social security, which it defines as a non-profit-making public service providing guarantees for health and ensuring protection against the contingencies of maternity, paternity, sickness, invalidity, catastrophic diseases, incapacity, special needs, employment accidents, loss of employment, unemployment, old age, widowhood, the state of being an orphan, housing, the costs arising out of family life and in any other circumstance of social prevention. The State is assigned the obligation of ensuring that this right is given effect in practice through the establishment of a system of security that is universal, comprehensive, financed on the basis of solidarity, unified, efficient, participatory and based on direct or indirect contributions and regulated by a special organic act.

The LOSSS was adopted in 2002, providing for the establishment of an integrated social security system composed of six benefit schemes regulated by special legislation respecting health benefits, pensions and other cash benefits, social services, occupational safety and health and housing. A period of five years was established for the adoption of this legislation. The LOSSS also envisaged the creation of two new institutions: the Social Security Treasury, responsible for matters relating to affiliation, the collection of contributions and the payment of cash benefits; and the Social Security Supervisory Unit (Superintendencia), responsible for monitoring all the social security schemes providing benefits within the framework of the integrated social security system. The LOSSS represented considerable progress in the sustainable development of social security as it established a clear, firm and coordinated legal framework within which social security schemes were subject to the primacy of law, and accordingly facilitated the sound governance of social security schemes. Furthermore, the establishment of strong institutions responsible for administering and supervising the new social security system offered an important and indispensable guarantee of the operation and sound governance of the social security system.

The Committee notes that legislation has been adopted on social services, occupational health and safety and housing, thereby constituting a new institutional framework for social security. With regard to the two other schemes, namely the health and the pensions schemes, the special legislation envisaged by the LOSSS has still not been adopted, despite the fact that the period of five years established by the Organic Act has elapsed. According to the CTV and the ASI, the Government amended the LOSSS in 2007 to remove the five-year period initially set for the establishment of the integrated social security system. The latest reports provided by the Government in 2011 do not indicate the manner in which it intends continuing the implementation of the structural reform initiated by the LOSSS in relation to the health-care scheme and the pensions and other cash benefits scheme. Moreover, up to now, the two new entities referred to above have not yet been established, with the Government confining itself to indicating that the establishment of the Social Security Treasury was entrusted in 2006 to the People’s Ministry for Labour and Social Security. According to the ASI and the CTV, the lack of action by the Government demonstrates the absence of determination to implement the rights recognized both in the Constitution and the LOSSS. While recalling the positive measures adopted by the Government, the ASI considers that they only constitute fragmentary and partial responses and that they reveal the absence of a legal conception of social security requiring, for its implementation, legislative responses preceded by studies of feasibility and economic necessity. The scarce information provided by the Government on its legislative intentions and the criticisms made by the trade unions lead to doubts with regard to the determination of the Government to continue the establishment of the integrated social security system as a whole. With a view to dissipating these doubts, the Committee would be grateful if the Government would indicate in its next report its political priorities for the implementation of the structures envisaged by the LOSSS in relation to the two benefit schemes that have not yet been established, with an indication, where appropriate, of whether a new time frame has been established for this purpose. The Committee hopes that the Government will be able to indicate in its next report the tangible progress made in the establishment of the new institutions referred to above.

II. Promotion of social dialogue

According to the ASI and the CTV, the difficulty in gaining access to information is the principal problem in evaluating the performance of the management and the results obtained in relation to social security. The fact that it is impossible to gain access to clear, reliable and official information, including statistics, prevents the parties concerned from engaging in effective monitoring of the rate of coverage and the management of the social security system. The organizations add that workers are not represented in either the Venezuelan Social Insurance Institute (IVSS) or the other public institutions, such as the National Institute for Prevention, Occupational Safety and Health (INAPSASEL) and the National Institute for Socialist Educational Cooperation (INCES). The ASI also reports the procedural difficulties encountered by users of the social security system in asserting their rights before the courts, as the Supreme Court of Justice (TSJ) has given contradictory indications with relation to the development that should characterize the implementation of the fundamental right to social security, particularly through delays in procedures and reversals of case law. The Office of the Attorney-General could also discharge its functions better by seeking to identify, where necessary, the responsible state officials and calling for sanctions to be imposed in the event of corruption, investigating user complaints promptly and determining responsibilities for the failure to establish the health and pensions schemes.

The Committee notes that the Government has not provided in its reports, including those for 2011, documented replies to the many comments made by the ASI and the CTV, and there is no indication that it has engaged with the social partners in constructive social dialogue relating to the implementation of the reform of the social security system. Noting that the Constitution recognizes the right and duty of associations to participate in decision-making in relation to the planning, implementation and monitoring of policy on public health institutions (article 84), the Committee wishes to recall that the success of reforms depends on consensus among the social partners and wide social acceptance, involving civil society organizations, the community and local administration. In view of their considerable expertise in the subject, the effective involvement of the social partners in the establishment of the new social security system would contribute to achieving progress in social security through the determination of the appropriate combination of schemes for the country. The time devoted to dialogue therefore represents a good investment and a saving of time when such dialogue results in broad social and political support for the necessary reforms, thereby giving rise to substantial economic and social advantages (see the General Survey on the social security instruments, Report III(1B), ILC, 2011, paragraph 558). The Committee therefore hopes that the Government will accord special attention to the comments and criticisms made by the trade union organizations with a view to completing the establishment of the integrated social security system, the beginnings of which were initiated by the LOSSS.

III Health benefits scheme

The 1999 Constitution recognizes that health constitutes a fundamental social right and an obligation upon the State, which is the guarantor of the right to life (article 83). The State is under the obligation to establish, finance and manage a public health system of an inter-sectoral nature, which is decentralized and participatory, integrated into the social security system and governed by the principles of universal free care, integrity, equity, social integration and solidarity (articles 84 and 85). The LOSSS established the legal framework for the implementation of these constitutional provisions and envisaged the adoption of specific legislation respecting health benefits for this purpose.

Nevertheless, the Government continues to refer to the 1967 Act on social insurance in relation to the legal framework applicable to health care. It also refers to the inclusion in the health programme of the progressive development of new medical consultation centres, comprehensive health services, the modernization of the hospital system and the construction of specialized health centres. According to the Government, this programme has resulted, up to now, in the establishment of some 1,600 consultation centres, 175 comprehensive diagnosis centres, 183 integral rehabilitation centres, six high-technology centres and a children’s cardiology hospital, with a view to enabling the 60 per cent of the population currently excluded from health care to be granted protection ultimately. The Government also refers to the establishment of social services in the field of health (misiones sociales Barrio Adentro I, II, III, IV) with the objective of protecting the health of the poorest persons and accordingly giving effect to the constitutional principle of free health care. The report provided by the Government in 2011 under Convention No. 130 is confined to indicating that there has been no change in the manner in which the Convention is applied.

On this subject, the ASI refers to a bill to implement the provisions of the LOSSS in the field of health, which was adopted on its first reading by Parliament in 2004, but has not become law, as it was not placed on the legislative agenda by the Government. While noting the various positive measures adopted by the Government in the field of health, the ASI considers that they are of an isolated nature and in practice are liable to result in the establishment of a health system under the control of the People’s Ministry of Health (MPPS), in parallel to the one administered by the IVSS, which would be in contradiction with the constitutional objective of the integration of the health system into the social security system. The ASI also expresses concern at the practice which consists of public institutions taking out health insurance for their employees with private providers for hospitalization, surgery and maternity. In practice, employees in the public sector continue to prefer using private health insurance because they consider that, in overall terms, the public health system is deficient. Although in 2009 the Government decided that all insurance policies of this type would in future be managed by a state body, it has still not determined the practical procedures for so doing. The consequence has been the transformation of the State into a collector of funding in support of the private health system, which prejudices not only the public social security system, but also workers, who are obliged to use part of their wages to cover health insurance in view of the absence of a public policy guaranteeing the constitutional rights to health and social security.

In light of this information, the Committee requests the Government to explain the reasons for the delays and impediments to the establishment of a public health-care scheme. The Committee recalls that the legislation on this subject, the 1967 Act on social insurance, is not adequate to guarantee that full effect is given to Convention No. 130. For many years, the Committee has been drawing the Government’s attention to the need to amend this Act to bring it into conformity with the obligations deriving from the international social security Conventions ratified by the country. The points raised above concern in particular the following provisions of Convention No. 130: Articles 10 and 19 (in conjunction with Article 5) (the need for effective coverage of either all employees and their dependants, or 75 per cent of the economically active population and their dependants); Article 13 (the need to provide copies of the laws and regulations specifying the medical care provided to the persons protected, in compliance with the minimum levels envisaged by this provision of the Convention); Article 16(1) (the need to bring section 127 of the General Regulations of the Act on social insurance into conformity with the established practice of the IVSS, which consists of providing medical assistance throughout the contingency); Article 16(2) and (3) (the need to provide a copy of any decision, circular or administrative rule of the IVSS setting out the practice which consists of providing medical care when the beneficiary is no longer part of one of the groups of protected persons in the case of sickness which began when the person concerned was still part of that group); Article 28(2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension is suspended when the contingency is a result of a violation of the law, a crime or an offence against morals or decency; and Article 22, in conjunction with Article 1(h) (concerning the level of cash sickness benefits). While awaiting the implementation of the part of the LOSSS respecting health, the Committee requests the Government to indicate in its next report the measures adopted to give effect to each of the provisions of the Convention referred to above. The Committee also hopes that the next report will reply to the allegations made by the CTV and the ASI concerning the operation of the health system.

IV. The pensions and other cash benefits scheme

In parallel with the situation regarding health benefits, the Committee notes that social security cash benefits are still governed by the 1967 Act on social insurance. Following the adoption of the new Constitution in 1999, invalidity, old-age and, since 2010, survivors’ pensions have been provided at the rate of the minimum wage, which is adjusted each year. The Government adds that it has ensured the provision of all of the financial resources necessary for the social security system and has also assumed the responsibility entrusted to it by the Constitution by extending the coverage of social security and improving the effectiveness and equity of the distribution of public resources. The policy adopted has permitted a better redistribution of household income, an improvement in the situation in the poorest categories and a progression of the country in terms of the Human Development Index. In 2007, Presidential Decree No. 5316 extended old-age coverage to around 100,000 persons aged 70 and above residing in the country, in the context of an exceptional and temporary programme. In 2010, two other exceptional and temporary decrees were also adopted: Decree No. 7401 establishing an exceptional and temporary programme with a view to guaranteeing entitlement to an old-age pension to insured persons of pensionable age who, although they had paid at least a contribution during their professional life, do not fulfil the conditions for entitlement to a pension. Decree No. 7402 places the obligation upon the IVSS to pay old-age benefits to around 20,000 rural workers and fishers who have reached the age of 60 in the case of men and 55 in the case of women. According to the information provided by the Government, during the period covered by the 2006–11 report, the number of pensioners under the social security system is reported to have risen from 944,475 to 1,825,192 persons. The percentage of older persons (women aged over 55 years and men aged over 60 years) covered by the social security system rose from 24.36 per cent in 1998 to 57.06 per cent in 2009.

While emphasizing the efforts made by the Government to extend the coverage of the contributory system (6,701,444 persons covered in 2009) and to ensure old-age coverage to elderly persons who are excluded from it, the ASI recalls that over 1 million persons do not have old-age pensions and it expresses doubts as to the process selected by the Government to guarantee this coverage, through the adoption of different decrees for each of the categories concerned. Measures for the provision of special pensions, in the view of the ASI, represent uncoordinated efforts lacking an integrated legal framework, which are largely inadequate to resolve the structural problem related to the coverage of the contingency of old age. The ASI also refers to the lack of clarity and legal certainty in relation to entitlement to cash benefits and their level, which has serious consequences on the operation of the judicial system and the recognition of acquired rights, both by the administration and by the courts. A ruling by the Supreme Court of Justice in 2005 ordering old-age and survivors’ benefits to be calculated on the basis of previous earnings (TSJ, Social Chamber, Case No. 0816 of 26 July 2005) was accordingly ignored by the court entrusted with its enforcement, which approved the reduction of the level of pensions due to that of the minimum wage. Recently, a legal challenge, which is awaiting a ruling on its receivability by the Constitutional Chamber of the TSJ, lodged by the Venezuelan Programme for Education-Action in the Field of Human Rights (PROVEA) is calling for the failure to adopt legislation regulating the pensions system to be declared unconstitutional. According to the ASI, the adoption of the law on the pensions scheme and other cash benefits envisaged in the LOSSS would have the advantage of clarifying the situation in law and re-establishing the link between pension benefits and the previous earnings of beneficiaries. The ASI adds that the LOPCYMAT is still not applied in practice in relation to employment injury pensions, while awaiting the establishment of the new institutions envisaged by the LOSSS.

The Committee regrets that the Government has not replied to the detailed allegations made by the CTV and the ASI and that it has confined itself to indicating in its 2011 reports under Conventions Nos 121 and 128 that there is no change to be reported in the manner in which these Conventions are implemented, without indicating the way in which it intends to continue the implementation of the LOSSS. The Committee requests the Government to indicate its political intentions with regard to the adoption of the legislation respecting the pensions and other cash benefits scheme.

With regard to the implementation of the social security Conventions by the legislation that is currently applicable, the Committee notes that the information provided by the Government is confined to referring to the various legislative provisions, even though it has been drawing its attention for many years to the need to provide all the information requested in the report form. The Committee therefore requests the Government to provide detailed information in its next report in relation to the instruments mentioned below, based on the report forms, indicating the manner in which the applicable legislation, including the various exceptional and temporary measures adopted by the Government, gives effect to Conventions Nos 102, 121 and 128.

– With regard to the level of benefits: please demonstrate that cash benefits are of a level that is in conformity with the minimum established by Convention No. 121 in relation to employment injury benefit (Articles 13, 14(2) and 18(1), in conjunction with Article 19); and by Convention No. 128 in relation to old-age, invalidity and survivors’ benefit (Articles 10, 17 and 23, in conjunction with Article 26).

– With regard to Convention No. 121: Article 4 (the need to cover effectively all employees (including apprentices) in the public and private sectors, including cooperatives, and, in the event of the death of the family breadwinner, the prescribed categories of beneficiaries); Article 7 (the need to indicate the conditions under which a commuting accident shall be considered to be an industrial accident giving entitlement to compensation under the social security legislation); Article 8 (the establishment of a list of occupational diseases in accordance with the Convention); Article 10(1) (the need to take the necessary measures to determine explicitly in the legislation the types of medical care provided by the IVSS to insured persons, which shall include at least the care enumerated in the Convention); Article 18 (in conjunction with Article 1(e)(i)) (the amendment of section 33 of the Act on social insurance with a view to raising from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 21 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of the adjustment of pensions, taking into account variations in the general level of earnings and in the cost of living); Article 22(1)(d) and (e) and (2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency).

– With regard to Convention No. 128: Article 21(1) (in conjunction with Article 1(h)(i) (the need to amend section 33 of the Act on social insurance to raise from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 29 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of adjustments of pensions, taking into account variations in the general level of earnings or in the cost of living); Article 32(1)(d) and (e) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency); Article 32(2) (the need to provide that when benefits are suspended, a proportion shall be provided to the dependants of the beneficiary); and Article 38 (indicate any increase in the number of employed persons protected in the agricultural sector).

– With regard to Convention No. 102: Articles 50 and 52 (in conjunction with Article 65) (the need to bring section 143 of the General Regulations on social security into line with section 11 of the Act on social insurance).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Bolivarian Republic of Venezuela is a party to the Social Security (Minimum Standards) Convention, 1952 (No. 102), and to the Employment Injury Benefits Convention, 1964 (No. 121), the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), and the Medical Care and Sickness Benefits Convention, 1969 (No. 130). Following the adoption of the new Constitution in 1999, the Government embarked upon a process of the systematic reform of the social security system with the adoption in 2002 of the Organic Act on the social security system (LOSSS), followed in 2005 by the adoption of the Organic Act on prevention, working conditions and the working environment (LOPCYMAT). In 2009, 2010 and 2011, the Confederation of Workers of Venezuela (CTV) and the Independent Trade Union Alliance (ASI) provided comments concerning the social security Conventions ratified by the Bolivarian Republic of Venezuela, reporting dysfunctions in the social security system and problems in the transition to the new system. In view of the need to address in a coherent manner all of the issues related to the reform of the social security system, the Committee has decided to regroup them in a single comment under Convention No. 102, as this is the instrument which establishes, in conjunction with the other social security Conventions, the general framework for the international obligations assumed by the Bolivarian Republic of Venezuela in this field.

I. Establishment of an integrated social security system

The Constitution of 1999 establishes in article 86 the right of all persons to social security, which it defines as a non-profit-making public service providing guarantees for health and ensuring protection against the contingencies of maternity, paternity, sickness, invalidity, catastrophic diseases, incapacity, special needs, employment accidents, loss of employment, unemployment, old age, widowhood, the state of being an orphan, housing, the costs arising out of family life and in any other circumstance of social prevention. The State is assigned the obligation of ensuring that this right is given effect in practice through the establishment of a system of security that is universal, comprehensive, financed on the basis of solidarity, unified, efficient, participatory and based on direct or indirect contributions and regulated by a special organic act.

The LOSSS was adopted in 2002, providing for the establishment of an integrated social security system composed of six benefit schemes regulated by special legislation respecting health benefits, pensions and other cash benefits, social services, occupational safety and health and housing. A period of five years was established for the adoption of this legislation. The LOSSS also envisaged the creation of two new institutions: the Social Security Treasury, responsible for matters relating to affiliation, the collection of contributions and the payment of cash benefits; and the Social Security Supervisory Unit (Superintendencia), responsible for monitoring all the social security schemes providing benefits within the framework of the integrated social security system. The LOSSS represented considerable progress in the sustainable development of social security as it established a clear, firm and coordinated legal framework within which social security schemes were subject to the primacy of law, and accordingly facilitated the sound governance of social security schemes. Furthermore, the establishment of strong institutions responsible for administering and supervising the new social security system offered an important and indispensable guarantee of the operation and sound governance of the social security system.

The Committee notes that legislation has been adopted on social services, occupational health and safety and housing, thereby constituting a new institutional framework for social security. With regard to the two other schemes, namely the health and the pensions schemes, the special legislation envisaged by the LOSSS has still not been adopted, despite the fact that the period of five years established by the Organic Act has elapsed. According to the CTV and the ASI, the Government amended the LOSSS in 2007 to remove the five-year period initially set for the establishment of the integrated social security system. The latest reports provided by the Government in 2011 do not indicate the manner in which it intends continuing the implementation of the structural reform initiated by the LOSSS in relation to the health-care scheme and the pensions and other cash benefits scheme. Moreover, up to now, the two new entities referred to above have not yet been established, with the Government confining itself to indicating that the establishment of the Social Security Treasury was entrusted in 2006 to the People’s Ministry for Labour and Social Security. According to the ASI and the CTV, the lack of action by the Government demonstrates the absence of determination to implement the rights recognized both in the Constitution and the LOSSS. While recalling the positive measures adopted by the Government, the ASI considers that they only constitute fragmentary and partial responses and that they reveal the absence of a legal conception of social security requiring, for its implementation, legislative responses preceded by studies of feasibility and economic necessity. The scarce information provided by the Government on its legislative intentions and the criticisms made by the trade unions lead to doubts with regard to the determination of the Government to continue the establishment of the integrated social security system as a whole. With a view to dissipating these doubts, the Committee would be grateful if the Government would indicate in its next report its political priorities for the implementation of the structures envisaged by the LOSSS in relation to the two benefit schemes that have not yet been established, with an indication, where appropriate, of whether a new time frame has been established for this purpose. The Committee hopes that the Government will be able to indicate in its next report the tangible progress made in the establishment of the new institutions referred to above.

II. Promotion of social dialogue

According to the ASI and the CTV, the difficulty in gaining access to information is the principal problem in evaluating the performance of the management and the results obtained in relation to social security. The fact that it is impossible to gain access to clear, reliable and official information, including statistics, prevents the parties concerned from engaging in effective monitoring of the rate of coverage and the management of the social security system. The organizations add that workers are not represented in either the Venezuelan Social Insurance Institute (IVSS) or the other public institutions, such as the National Institute for Prevention, Occupational Safety and Health (INAPSASEL) and the National Institute for Socialist Educational Cooperation (INCES). The ASI also reports the procedural difficulties encountered by users of the social security system in asserting their rights before the courts, as the Supreme Court of Justice (TSJ) has given contradictory indications with relation to the development that should characterize the implementation of the fundamental right to social security, particularly through delays in procedures and reversals of case law. The Office of the Attorney-General could also discharge its functions better by seeking to identify, where necessary, the responsible state officials and calling for sanctions to be imposed in the event of corruption, investigating user complaints promptly and determining responsibilities for the failure to establish the health and pensions schemes.

The Committee notes that the Government has not provided in its reports, including those for 2011, documented replies to the many comments made by the ASI and the CTV, and there is no indication that it has engaged with the social partners in constructive social dialogue relating to the implementation of the reform of the social security system. Noting that the Constitution recognizes the right and duty of associations to participate in decision-making in relation to the planning, implementation and monitoring of policy on public health institutions (article 84), the Committee wishes to recall that the success of reforms depends on consensus among the social partners and wide social acceptance, involving civil society organizations, the community and local administration. In view of their considerable expertise in the subject, the effective involvement of the social partners in the establishment of the new social security system would contribute to achieving progress in social security through the determination of the appropriate combination of schemes for the country. The time devoted to dialogue therefore represents a good investment and a saving of time when such dialogue results in broad social and political support for the necessary reforms, thereby giving rise to substantial economic and social advantages (see the General Survey on the social security instruments, Report III(1B), ILC, 2011, paragraph 558). The Committee therefore hopes that the Government will accord special attention to the comments and criticisms made by the trade union organizations with a view to completing the establishment of the integrated social security system, the beginnings of which were initiated by the LOSSS.

III. Health benefits scheme

The 1999 Constitution recognizes that health constitutes a fundamental social right and an obligation upon the State, which is the guarantor of the right to life (article 83). The State is under the obligation to establish, finance and manage a public health system of an inter-sectoral nature, which is decentralized and participatory, integrated into the social security system and governed by the principles of universal free care, integrity, equity, social integration and solidarity (articles 84 and 85). The LOSSS established the legal framework for the implementation of these constitutional provisions and envisaged the adoption of specific legislation respecting health benefits for this purpose.

Nevertheless, the Government continues to refer to the 1967 Act on social insurance in relation to the legal framework applicable to health care. It also refers to the inclusion in the health programme of the progressive development of new medical consultation centres, comprehensive health services, the modernization of the hospital system and the construction of specialized health centres. According to the Government, this programme has resulted, up to now, in the establishment of some 1,600 consultation centres, 175 comprehensive diagnosis centres, 183 integral rehabilitation centres, six high-technology centres and a children’s cardiology hospital, with a view to enabling the 60 per cent of the population currently excluded from health care to be granted protection ultimately. The Government also refers to the establishment of social services in the field of health (misiones sociales Barrio Adentro I, II, III, IV) with the objective of protecting the health of the poorest persons and accordingly giving effect to the constitutional principle of free health care. The report provided by the Government in 2011 under Convention No. 130 is confined to indicating that there has been no change in the manner in which the Convention is applied.

On this subject, the ASI refers to a bill to implement the provisions of the LOSSS in the field of health, which was adopted on its first reading by Parliament in 2004, but has not become law, as it was not placed on the legislative agenda by the Government. While noting the various positive measures adopted by the Government in the field of health, the ASI considers that they are of an isolated nature and in practice are liable to result in the establishment of a health system under the control of the People’s Ministry of Health (MPPS), in parallel to the one administered by the IVSS, which would be in contradiction with the constitutional objective of the integration of the health system into the social security system. The ASI also expresses concern at the practice which consists of public institutions taking out health insurance for their employees with private providers for hospitalization, surgery and maternity. In practice, employees in the public sector continue to prefer using private health insurance because they consider that, in overall terms, the public health system is deficient. Although in 2009 the Government decided that all insurance policies of this type would in future be managed by a state body, it has still not determined the practical procedures for so doing. The consequence has been the transformation of the State into a collector of funding in support of the private health system, which prejudices not only the public social security system, but also workers, who are obliged to use part of their wages to cover health insurance in view of the absence of a public policy guaranteeing the constitutional rights to health and social security.

In light of this information, the Committee requests the Government to explain the reasons for the delays and impediments to the establishment of a public health-care scheme. The Committee recalls that the legislation on this subject, the 1967 Act on social insurance, is not adequate to guarantee that full effect is given to Convention No. 130. For many years, the Committee has been drawing the Government’s attention to the need to amend this Act to bring it into conformity with the obligations deriving from the international social security Conventions ratified by the country. The points raised above concern in particular the following provisions of Convention No. 130: Articles 10 and 19 (in conjunction with Article 5) (the need for effective coverage of either all employees and their dependants, or 75 per cent of the economically active population and their dependants); Article 13 (the need to provide copies of the laws and regulations specifying the medical care provided to the persons protected, in compliance with the minimum levels envisaged by this provision of the Convention); Article 16(1) (the need to bring section 127 of the General Regulations of the Act on social insurance into conformity with the established practice of the IVSS, which consists of providing medical assistance throughout the contingency); Article 16(2) and (3) (the need to provide a copy of any decision, circular or administrative rule of the IVSS setting out the practice which consists of providing medical care when the beneficiary is no longer part of one of the groups of protected persons in the case of sickness which began when the person concerned was still part of that group); Article 28(2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension is suspended when the contingency is a result of a violation of the law, a crime or an offence against morals or decency; and Article 22, in conjunction with Article 1(h) (concerning the level of cash sickness benefits). While awaiting the implementation of the part of the LOSSS respecting health, the Committee requests the Government to indicate in its next report the measures adopted to give effect to each of the provisions of the Convention referred to above. The Committee also hopes that the next report will reply to the allegations made by the CTV and the ASI concerning the operation of the health system.

IV. The pensions and other cash benefits scheme

In parallel with the situation regarding health benefits, the Committee notes that social security cash benefits are still governed by the 1967 Act on social insurance. Following the adoption of the new Constitution in 1999, invalidity, old-age and, since 2010, survivors’ pensions have been provided at the rate of the minimum wage, which is adjusted each year. The Government adds that it has ensured the provision of all of the financial resources necessary for the social security system and has also assumed the responsibility entrusted to it by the Constitution by extending the coverage of social security and improving the effectiveness and equity of the distribution of public resources. The policy adopted has permitted a better redistribution of household income, an improvement in the situation in the poorest categories and a progression of the country in terms of the Human Development Index. In 2007, Presidential Decree No. 5316 extended old-age coverage to around 100,000 persons aged 70 and above residing in the country, in the context of an exceptional and temporary programme. In 2010, two other exceptional and temporary decrees were also adopted: Decree No. 7401 establishing an exceptional and temporary programme with a view to guaranteeing entitlement to an old-age pension to insured persons of pensionable age who, although they had paid at least a contribution during their professional life, do not fulfil the conditions for entitlement to a pension. Decree No. 7402 places the obligation upon the IVSS to pay old-age benefits to around 20,000 rural workers and fishers who have reached the age of 60 in the case of men and 55 in the case of women. According to the information provided by the Government, during the period covered by the 2006–11 report, the number of pensioners under the social security system is reported to have risen from 944,475 to 1,825,192 persons. The percentage of older persons (women aged over 55 years and men aged over 60 years) covered by the social security system rose from 24.36 per cent in 1998 to 57.06 per cent in 2009.

While emphasizing the efforts made by the Government to extend the coverage of the contributory system (6,701,444 persons covered in 2009) and to ensure old-age coverage to elderly persons who are excluded from it, the ASI recalls that over 1 million persons do not have old-age pensions and it expresses doubts as to the process selected by the Government to guarantee this coverage, through the adoption of different decrees for each of the categories concerned. Measures for the provision of special pensions, in the view of the ASI, represent uncoordinated efforts lacking an integrated legal framework, which are largely inadequate to resolve the structural problem related to the coverage of the contingency of old age. The ASI also refers to the lack of clarity and legal certainty in relation to entitlement to cash benefits and their level, which has serious consequences on the operation of the judicial system and the recognition of acquired rights, both by the administration and by the courts. A ruling by the Supreme Court of Justice in 2005 ordering old-age and survivors’ benefits to be calculated on the basis of previous earnings (TSJ, Social Chamber, Case No. 0816 of 26 July 2005) was accordingly ignored by the court entrusted with its enforcement, which approved the reduction of the level of pensions due to that of the minimum wage. Recently, a legal challenge, which is awaiting a ruling on its receivability by the Constitutional Chamber of the TSJ, lodged by the Venezuelan Programme for Education-Action in the Field of Human Rights (PROVEA) is calling for the failure to adopt legislation regulating the pensions system to be declared unconstitutional. According to the ASI, the adoption of the law on the pensions scheme and other cash benefits envisaged in the LOSSS would have the advantage of clarifying the situation in law and re-establishing the link between pension benefits and the previous earnings of beneficiaries. The ASI adds that the LOPCYMAT is still not applied in practice in relation to employment injury pensions, while awaiting the establishment of the new institutions envisaged by the LOSSS.

The Committee regrets that the Government has not replied to the detailed allegations made by the CTV and the ASI and that it has confined itself to indicating in its 2011 reports under Conventions Nos 121 and 128 that there is no change to be reported in the manner in which these Conventions are implemented, without indicating the way in which it intends to continue the implementation of the LOSSS. The Committee requests the Government to indicate its political intentions with regard to the adoption of the legislation respecting the pensions and other cash benefits scheme.

With regard to the implementation of the social security Conventions by the legislation that is currently applicable, the Committee notes that the information provided by the Government is confined to referring to the various legislative provisions, even though it has been drawing its attention for many years to the need to provide all the information requested in the report form. The Committee therefore requests the Government to provide detailed information in its next report in relation to the instruments mentioned below, based on the report forms, indicating the manner in which the applicable legislation, including the various exceptional and temporary measures adopted by the Government, gives effect to Conventions Nos 102, 121 and 128.

• – With regard to the level of benefits: please demonstrate that cash benefits are of a level that is in conformity with the minimum established by Convention No. 121 in relation to employment injury benefit (Articles 13, 14(2) and 18(1), in conjunction with Article 19); and by Convention No. 128 in relation to old-age, invalidity and survivors’ benefit (Articles 10, 17 and 23, in conjunction with Article 26).
• – With regard to Convention No. 121: Article 4 (the need to cover effectively all employees (including apprentices) in the public and private sectors, including cooperatives, and, in the event of the death of the family breadwinner, the prescribed categories of beneficiaries); Article 7 (the need to indicate the conditions under which a commuting accident shall be considered to be an industrial accident giving entitlement to compensation under the social security legislation); Article 8 (the establishment of a list of occupational diseases in accordance with the Convention); Article 10(1) (the need to take the necessary measures to determine explicitly in the legislation the types of medical care provided by the IVSS to insured persons, which shall include at least the care enumerated in the Convention); Article 18 (in conjunction with Article 1(e)(i)) (the amendment of section 33 of the Act on social insurance with a view to raising from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 21 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of the adjustment of pensions, taking into account variations in the general level of earnings and in the cost of living); Article 22(1)(d) and (e) and (2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency).
• -With regard to Convention No. 128: Article 21(1) (in conjunction with Article 1(h)(i) (the need to amend section 33 of the Act on social insurance to raise from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 29 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of adjustments of pensions, taking into account variations in the general level of earnings or in the cost of living); Article 32(1)(d) and (e) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency); Article 32(2) (the need to provide that when benefits are suspended, a proportion shall be provided to the dependants of the beneficiary); and Article 38 (indicate any increase in the number of employed persons protected in the agricultural sector).
• -With regard to Convention No. 102: Articles 50 and 52 (in conjunction with Article 65) (the need to bring section 143 of the General Regulations on social security into line with section 11 of the Act on social insurance).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Bolivarian Republic of Venezuela is a party to the Social Security (Minimum Standards) Convention, 1952 (No. 102), and to the Employment Injury Benefits Convention, 1964 (No. 121), the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), and the Medical Care and Sickness Benefits Convention, 1969 (No. 130). Following the adoption of the new Constitution in 1999, the Government embarked upon a process of the systematic reform of the social security system with the adoption in 2002 of the Organic Act on the social security system (LOSSS), followed in 2005 by the adoption of the Organic Act on prevention, working conditions and the working environment (LOPCYMAT). In 2009, 2010 and 2011, the Confederation of Workers of Venezuela (CTV) and the Independent Trade Union Alliance (ASI) provided comments concerning the social security Conventions ratified by the Bolivarian Republic of Venezuela, reporting dysfunctions in the social security system and problems in the transition to the new system. In view of the need to address in a coherent manner all of the issues related to the reform of the social security system, the Committee has decided to regroup them in a single comment under Convention No. 102, as this is the instrument which establishes, in conjunction with the other social security Conventions, the general framework for the international obligations assumed by the Bolivarian Republic of Venezuela in this field.

I. Establishment of an integrated social security system

The Constitution of 1999 establishes in article 86 the right of all persons to social security, which it defines as a non-profit-making public service providing guarantees for health and ensuring protection against the contingencies of maternity, paternity, sickness, invalidity, catastrophic diseases, incapacity, special needs, employment accidents, loss of employment, unemployment, old age, widowhood, the state of being an orphan, housing, the costs arising out of family life and in any other circumstance of social prevention. The State is assigned the obligation of ensuring that this right is given effect in practice through the establishment of a system of security that is universal, comprehensive, financed on the basis of solidarity, unified, efficient, participatory and based on direct or indirect contributions and regulated by a special organic act.

The LOSSS was adopted in 2002, providing for the establishment of an integrated social security system composed of six benefit schemes regulated by special legislation respecting health benefits, pensions and other cash benefits, social services, occupational safety and health and housing. A period of five years was established for the adoption of this legislation. The LOSSS also envisaged the creation of two new institutions: the Social Security Treasury, responsible for matters relating to affiliation, the collection of contributions and the payment of cash benefits; and the Social Security Supervisory Unit (Superintendencia), responsible for monitoring all the social security schemes providing benefits within the framework of the integrated social security system. The LOSSS represented considerable progress in the sustainable development of social security as it established a clear, firm and coordinated legal framework within which social security schemes were subject to the primacy of law, and accordingly facilitated the sound governance of social security schemes. Furthermore, the establishment of strong institutions responsible for administering and supervising the new social security system offered an important and indispensable guarantee of the operation and sound governance of the social security system.

The Committee notes that legislation has been adopted on social services, occupational health and safety and housing, thereby constituting a new institutional framework for social security. With regard to the two other schemes, namely the health and the pensions schemes, the special legislation envisaged by the LOSSS has still not been adopted, despite the fact that the period of five years established by the Organic Act has elapsed. According to the CTV and the ASI, the Government amended the LOSSS in 2007 to remove the five-year period initially set for the establishment of the integrated social security system. The latest reports provided by the Government in 2011 do not indicate the manner in which it intends continuing the implementation of the structural reform initiated by the LOSSS in relation to the health-care scheme and the pensions and other cash benefits scheme. Moreover, up to now, the two new entities referred to above have not yet been established, with the Government confining itself to indicating that the establishment of the Social Security Treasury was entrusted in 2006 to the People’s Ministry for Labour and Social Security. According to the ASI and the CTV, the lack of action by the Government demonstrates the absence of determination to implement the rights recognized both in the Constitution and the LOSSS. While recalling the positive measures adopted by the Government, the ASI considers that they only constitute fragmentary and partial responses and that they reveal the absence of a legal conception of social security requiring, for its implementation, legislative responses preceded by studies of feasibility and economic necessity. The scarce information provided by the Government on its legislative intentions and the criticisms made by the trade unions lead to doubts with regard to the determination of the Government to continue the establishment of the integrated social security system as a whole. With a view to dissipating these doubts, the Committee would be grateful if the Government would indicate in its next report its political priorities for the implementation of the structures envisaged by the LOSSS in relation to the two benefit schemes that have not yet been established, with an indication, where appropriate, of whether a new time frame has been established for this purpose. The Committee hopes that the Government will be able to indicate in its next report the tangible progress made in the establishment of the new institutions referred to above.

II. Promotion of social dialogue

According to the ASI and the CTV, the difficulty in gaining access to information is the principal problem in evaluating the performance of the management and the results obtained in relation to social security. The fact that it is impossible to gain access to clear, reliable and official information, including statistics, prevents the parties concerned from engaging in effective monitoring of the rate of coverage and the management of the social security system. The organizations add that workers are not represented in either the Venezuelan Social Insurance Institute (IVSS) or the other public institutions, such as the National Institute for Prevention, Occupational Safety and Health (INAPSASEL) and the National Institute for Socialist Educational Cooperation (INCES). The ASI also reports the procedural difficulties encountered by users of the social security system in asserting their rights before the courts, as the Supreme Court of Justice (TSJ) has given contradictory indications with relation to the development that should characterize the implementation of the fundamental right to social security, particularly through delays in procedures and reversals of case law. The Office of the Attorney-General could also discharge its functions better by seeking to identify, where necessary, the responsible state officials and calling for sanctions to be imposed in the event of corruption, investigating user complaints promptly and determining responsibilities for the failure to establish the health and pensions schemes.

The Committee notes that the Government has not provided in its reports, including those for 2011, documented replies to the many comments made by the ASI and the CTV, and there is no indication that it has engaged with the social partners in constructive social dialogue relating to the implementation of the reform of the social security system. Noting that the Constitution recognizes the right and duty of associations to participate in decision-making in relation to the planning, implementation and monitoring of policy on public health institutions (article 84), the Committee wishes to recall that the success of reforms depends on consensus among the social partners and wide social acceptance, involving civil society organizations, the community and local administration. In view of their considerable expertise in the subject, the effective involvement of the social partners in the establishment of the new social security system would contribute to achieving progress in social security through the determination of the appropriate combination of schemes for the country. The time devoted to dialogue therefore represents a good investment and a saving of time when such dialogue results in broad social and political support for the necessary reforms, thereby giving rise to substantial economic and social advantages (see the General Survey on the social security instruments, Report III(1B), ILC, 2011, paragraph 558). The Committee therefore hopes that the Government will accord special attention to the comments and criticisms made by the trade union organizations with a view to completing the establishment of the integrated social security system, the beginnings of which were initiated by the LOSSS.

III. Health benefits scheme

The 1999 Constitution recognizes that health constitutes a fundamental social right and an obligation upon the State, which is the guarantor of the right to life (article 83). The State is under the obligation to establish, finance and manage a public health system of an inter-sectoral nature, which is decentralized and participatory, integrated into the social security system and governed by the principles of universal free care, integrity, equity, social integration and solidarity (articles 84 and 85). The LOSSS established the legal framework for the implementation of these constitutional provisions and envisaged the adoption of specific legislation respecting health benefits for this purpose.

Nevertheless, the Government continues to refer to the 1967 Act on social insurance in relation to the legal framework applicable to health care. It also refers to the inclusion in the health programme of the progressive development of new medical consultation centres, comprehensive health services, the modernization of the hospital system and the construction of specialized health centres. According to the Government, this programme has resulted, up to now, in the establishment of some 1,600 consultation centres, 175 comprehensive diagnosis centres, 183 integral rehabilitation centres, six high-technology centres and a children’s cardiology hospital, with a view to enabling the 60 per cent of the population currently excluded from health care to be granted protection ultimately. The Government also refers to the establishment of social services in the field of health (misiones sociales Barrio Adentro I, II, III, IV) with the objective of protecting the health of the poorest persons and accordingly giving effect to the constitutional principle of free health care. The report provided by the Government in 2011 under Convention No. 130 is confined to indicating that there has been no change in the manner in which the Convention is applied.

On this subject, the ASI refers to a bill to implement the provisions of the LOSSS in the field of health, which was adopted on its first reading by Parliament in 2004, but has not become law, as it was not placed on the legislative agenda by the Government. While noting the various positive measures adopted by the Government in the field of health, the ASI considers that they are of an isolated nature and in practice are liable to result in the establishment of a health system under the control of the People’s Ministry of Health (MPPS), in parallel to the one administered by the IVSS, which would be in contradiction with the constitutional objective of the integration of the health system into the social security system. The ASI also expresses concern at the practice which consists of public institutions taking out health insurance for their employees with private providers for hospitalization, surgery and maternity. In practice, employees in the public sector continue to prefer using private health insurance because they consider that, in overall terms, the public health system is deficient. Although in 2009 the Government decided that all insurance policies of this type would in future be managed by a state body, it has still not determined the practical procedures for so doing. The consequence has been the transformation of the State into a collector of funding in support of the private health system, which prejudices not only the public social security system, but also workers, who are obliged to use part of their wages to cover health insurance in view of the absence of a public policy guaranteeing the constitutional rights to health and social security.

In light of this information, the Committee requests the Government to explain the reasons for the delays and impediments to the establishment of a public health-care scheme. The Committee recalls that the legislation on this subject, the 1967 Act on social insurance, is not adequate to guarantee that full effect is given to Convention No. 130. For many years, the Committee has been drawing the Government’s attention to the need to amend this Act to bring it into conformity with the obligations deriving from the international social security Conventions ratified by the country. The points raised above concern in particular the following provisions of Convention No. 130: Articles 10 and 19 (in conjunction with Article 5) (the need for effective coverage of either all employees and their dependants, or 75 per cent of the economically active population and their dependants); Article 13 (the need to provide copies of the laws and regulations specifying the medical care provided to the persons protected, in compliance with the minimum levels envisaged by this provision of the Convention); Article 16(1) (the need to bring section 127 of the General Regulations of the Act on social insurance into conformity with the established practice of the IVSS, which consists of providing medical assistance throughout the contingency); Article 16(2) and (3) (the need to provide a copy of any decision, circular or administrative rule of the IVSS setting out the practice which consists of providing medical care when the beneficiary is no longer part of one of the groups of protected persons in the case of sickness which began when the person concerned was still part of that group); Article 28(2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension is suspended when the contingency is a result of a violation of the law, a crime or an offence against morals or decency; and Article 22, in conjunction with Article 1(h) (concerning the level of cash sickness benefits). While awaiting the implementation of the part of the LOSSS respecting health, the Committee requests the Government to indicate in its next report the measures adopted to give effect to each of the provisions of the Convention referred to above. The Committee also hopes that the next report will reply to the allegations made by the CTV and the ASI concerning the operation of the health system.

IV. The pensions and other cash benefits scheme

In parallel with the situation regarding health benefits, the Committee notes that social security cash benefits are still governed by the 1967 Act on social insurance. Following the adoption of the new Constitution in 1999, invalidity, old-age and, since 2010, survivors’ pensions have been provided at the rate of the minimum wage, which is adjusted each year. The Government adds that it has ensured the provision of all of the financial resources necessary for the social security system and has also assumed the responsibility entrusted to it by the Constitution by extending the coverage of social security and improving the effectiveness and equity of the distribution of public resources. The policy adopted has permitted a better redistribution of household income, an improvement in the situation in the poorest categories and a progression of the country in terms of the Human Development Index. In 2007, Presidential Decree No. 5316 extended old-age coverage to around 100,000 persons aged 70 and above residing in the country, in the context of an exceptional and temporary programme. In 2010, two other exceptional and temporary decrees were also adopted: Decree No. 7401 establishing an exceptional and temporary programme with a view to guaranteeing entitlement to an old-age pension to insured persons of pensionable age who, although they had paid at least a contribution during their professional life, do not fulfil the conditions for entitlement to a pension. Decree No. 7402 places the obligation upon the IVSS to pay old-age benefits to around 20,000 rural workers and fishers who have reached the age of 60 in the case of men and 55 in the case of women. According to the information provided by the Government, during the period covered by the 2006–11 report, the number of pensioners under the social security system is reported to have risen from 944,475 to 1,825,192 persons. The percentage of older persons (women aged over 55 years and men aged over 60 years) covered by the social security system rose from 24.36 per cent in 1998 to 57.06 per cent in 2009.

While emphasizing the efforts made by the Government to extend the coverage of the contributory system (6,701,444 persons covered in 2009) and to ensure old-age coverage to elderly persons who are excluded from it, the ASI recalls that over 1 million persons do not have old-age pensions and it expresses doubts as to the process selected by the Government to guarantee this coverage, through the adoption of different decrees for each of the categories concerned. Measures for the provision of special pensions, in the view of the ASI, represent uncoordinated efforts lacking an integrated legal framework, which are largely inadequate to resolve the structural problem related to the coverage of the contingency of old age. The ASI also refers to the lack of clarity and legal certainty in relation to entitlement to cash benefits and their level, which has serious consequences on the operation of the judicial system and the recognition of acquired rights, both by the administration and by the courts. A ruling by the Supreme Court of Justice in 2005 ordering old-age and survivors’ benefits to be calculated on the basis of previous earnings (TSJ, Social Chamber, Case No. 0816 of 26 July 2005) was accordingly ignored by the court entrusted with its enforcement, which approved the reduction of the level of pensions due to that of the minimum wage. Recently, a legal challenge, which is awaiting a ruling on its receivability by the Constitutional Chamber of the TSJ, lodged by the Venezuelan Programme for Education-Action in the Field of Human Rights (PROVEA) is calling for the failure to adopt legislation regulating the pensions system to be declared unconstitutional. According to the ASI, the adoption of the law on the pensions scheme and other cash benefits envisaged in the LOSSS would have the advantage of clarifying the situation in law and re-establishing the link between pension benefits and the previous earnings of beneficiaries. The ASI adds that the LOPCYMAT is still not applied in practice in relation to employment injury pensions, while awaiting the establishment of the new institutions envisaged by the LOSSS.

The Committee regrets that the Government has not replied to the detailed allegations made by the CTV and the ASI and that it has confined itself to indicating in its 2011 reports under Conventions Nos 121 and 128 that there is no change to be reported in the manner in which these Conventions are implemented, without indicating the way in which it intends to continue the implementation of the LOSSS. The Committee requests the Government to indicate its political intentions with regard to the adoption of the legislation respecting the pensions and other cash benefits scheme.

With regard to the implementation of the social security Conventions by the legislation that is currently applicable, the Committee notes that the information provided by the Government is confined to referring to the various legislative provisions, even though it has been drawing its attention for many years to the need to provide all the information requested in the report form. The Committee therefore requests the Government to provide detailed information in its next report in relation to the instruments mentioned below, based on the report forms, indicating the manner in which the applicable legislation, including the various exceptional and temporary measures adopted by the Government, gives effect to Conventions Nos 102, 121 and 128.

• – With regard to the level of benefits: please demonstrate that cash benefits are of a level that is in conformity with the minimum established by Convention No. 121 in relation to employment injury benefit (Articles 13, 14(2) and 18(1), in conjunction with Article 19); and by Convention No. 128 in relation to old-age, invalidity and survivors’ benefit (Articles 10, 17 and 23, in conjunction with Article 26).
• – With regard to Convention No. 121: Article 4 (the need to cover effectively all employees (including apprentices) in the public and private sectors, including cooperatives, and, in the event of the death of the family breadwinner, the prescribed categories of beneficiaries); Article 7 (the need to indicate the conditions under which a commuting accident shall be considered to be an industrial accident giving entitlement to compensation under the social security legislation); Article 8 (the establishment of a list of occupational diseases in accordance with the Convention); Article 10(1) (the need to take the necessary measures to determine explicitly in the legislation the types of medical care provided by the IVSS to insured persons, which shall include at least the care enumerated in the Convention); Article 18 (in conjunction with Article 1(e)(i)) (the amendment of section 33 of the Act on social insurance with a view to raising from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 21 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of the adjustment of pensions, taking into account variations in the general level of earnings and in the cost of living); Article 22(1)(d) and (e) and (2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency).
• -With regard to Convention No. 128: Article 21(1) (in conjunction with Article 1(h)(i) (the need to amend section 33 of the Act on social insurance to raise from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 29 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of adjustments of pensions, taking into account variations in the general level of earnings or in the cost of living); Article 32(1)(d) and (e) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency); Article 32(2) (the need to provide that when benefits are suspended, a proportion shall be provided to the dependants of the beneficiary); and Article 38 (indicate any increase in the number of employed persons protected in the agricultural sector).
• -With regard to Convention No. 102: Articles 50 and 52 (in conjunction with Article 65) (the need to bring section 143 of the General Regulations on social security into line with section 11 of the Act on social insurance).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Bolivarian Republic of Venezuela is a party to the Social Security (Minimum Standards) Convention, 1952 (No. 102), and to the Employment Injury Benefits Convention, 1964 (No. 121), the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), and the Medical Care and Sickness Benefits Convention, 1969 (No. 130). Following the adoption of the new Constitution in 1999, the Government embarked upon a process of the systematic reform of the social security system with the adoption in 2002 of the Organic Act on the social security system (LOSSS), followed in 2005 by the adoption of the Organic Act on prevention, working conditions and the working environment (LOPCYMAT). In 2009, 2010 and 2011, the Confederation of Workers of Venezuela (CTV) and the Independent Trade Union Alliance (ASI) provided comments concerning the social security Conventions ratified by the Bolivarian Republic of Venezuela, reporting dysfunctions in the social security system and problems in the transition to the new system. In view of the need to address in a coherent manner all of the issues related to the reform of the social security system, the Committee has decided to regroup them in a single comment under Convention No. 102, as this is the instrument which establishes, in conjunction with the other social security Conventions, the general framework for the international obligations assumed by the Bolivarian Republic of Venezuela in this field.

I. Establishment of an integrated social security system

The Constitution of 1999 establishes in article 86 the right of all persons to social security, which it defines as a non-profit-making public service providing guarantees for health and ensuring protection against the contingencies of maternity, paternity, sickness, invalidity, catastrophic diseases, incapacity, special needs, employment accidents, loss of employment, unemployment, old age, widowhood, the state of being an orphan, housing, the costs arising out of family life and in any other circumstance of social prevention. The State is assigned the obligation of ensuring that this right is given effect in practice through the establishment of a system of security that is universal, comprehensive, financed on the basis of solidarity, unified, efficient, participatory and based on direct or indirect contributions and regulated by a special organic act.

The LOSSS was adopted in 2002, providing for the establishment of an integrated social security system composed of six benefit schemes regulated by special legislation respecting health benefits, pensions and other cash benefits, social services, occupational safety and health and housing. A period of five years was established for the adoption of this legislation. The LOSSS also envisaged the creation of two new institutions: the Social Security Treasury, responsible for matters relating to affiliation, the collection of contributions and the payment of cash benefits; and the Social Security Supervisory Unit (Superintendencia), responsible for monitoring all the social security schemes providing benefits within the framework of the integrated social security system. The LOSSS represented considerable progress in the sustainable development of social security as it established a clear, firm and coordinated legal framework within which social security schemes were subject to the primacy of law, and accordingly facilitated the sound governance of social security schemes. Furthermore, the establishment of strong institutions responsible for administering and supervising the new social security system offered an important and indispensable guarantee of the operation and sound governance of the social security system.

The Committee notes that legislation has been adopted on social services, occupational health and safety and housing, thereby constituting a new institutional framework for social security. With regard to the two other schemes, namely the health and the pensions schemes, the special legislation envisaged by the LOSSS has still not been adopted, despite the fact that the period of five years established by the Organic Act has elapsed. According to the CTV and the ASI, the Government amended the LOSSS in 2007 to remove the five-year period initially set for the establishment of the integrated social security system. The latest reports provided by the Government in 2011 do not indicate the manner in which it intends continuing the implementation of the structural reform initiated by the LOSSS in relation to the health-care scheme and the pensions and other cash benefits scheme. Moreover, up to now, the two new entities referred to above have not yet been established, with the Government confining itself to indicating that the establishment of the Social Security Treasury was entrusted in 2006 to the People’s Ministry for Labour and Social Security. According to the ASI and the CTV, the lack of action by the Government demonstrates the absence of determination to implement the rights recognized both in the Constitution and the LOSSS. While recalling the positive measures adopted by the Government, the ASI considers that they only constitute fragmentary and partial responses and that they reveal the absence of a legal conception of social security requiring, for its implementation, legislative responses preceded by studies of feasibility and economic necessity. The scarce information provided by the Government on its legislative intentions and the criticisms made by the trade unions lead to doubts with regard to the determination of the Government to continue the establishment of the integrated social security system as a whole. With a view to dissipating these doubts, the Committee would be grateful if the Government would indicate in its next report its political priorities for the implementation of the structures envisaged by the LOSSS in relation to the two benefit schemes that have not yet been established, with an indication, where appropriate, of whether a new time frame has been established for this purpose. The Committee hopes that the Government will be able to indicate in its next report the tangible progress made in the establishment of the new institutions referred to above.

II. Promotion of social dialogue

According to the ASI and the CTV, the difficulty in gaining access to information is the principal problem in evaluating the performance of the management and the results obtained in relation to social security. The fact that it is impossible to gain access to clear, reliable and official information, including statistics, prevents the parties concerned from engaging in effective monitoring of the rate of coverage and the management of the social security system. The organizations add that workers are not represented in either the Venezuelan Social Insurance Institute (IVSS) or the other public institutions, such as the National Institute for Prevention, Occupational Safety and Health (INAPSASEL) and the National Institute for Socialist Educational Cooperation (INCES). The ASI also reports the procedural difficulties encountered by users of the social security system in asserting their rights before the courts, as the Supreme Court of Justice (TSJ) has given contradictory indications with relation to the development that should characterize the implementation of the fundamental right to social security, particularly through delays in procedures and reversals of case law. The Office of the Attorney-General could also discharge its functions better by seeking to identify, where necessary, the responsible state officials and calling for sanctions to be imposed in the event of corruption, investigating user complaints promptly and determining responsibilities for the failure to establish the health and pensions schemes.

The Committee notes that the Government has not provided in its reports, including those for 2011, documented replies to the many comments made by the ASI and the CTV, and there is no indication that it has engaged with the social partners in constructive social dialogue relating to the implementation of the reform of the social security system. Noting that the Constitution recognizes the right and duty of associations to participate in decision-making in relation to the planning, implementation and monitoring of policy on public health institutions (article 84), the Committee wishes to recall that the success of reforms depends on consensus among the social partners and wide social acceptance, involving civil society organizations, the community and local administration. In view of their considerable expertise in the subject, the effective involvement of the social partners in the establishment of the new social security system would contribute to achieving progress in social security through the determination of the appropriate combination of schemes for the country. The time devoted to dialogue therefore represents a good investment and a saving of time when such dialogue results in broad social and political support for the necessary reforms, thereby giving rise to substantial economic and social advantages (see the General Survey on the social security instruments, Report III(1B), ILC, 2011, paragraph 558). The Committee therefore hopes that the Government will accord special attention to the comments and criticisms made by the trade union organizations with a view to completing the establishment of the integrated social security system, the beginnings of which were initiated by the LOSSS.

III. Health benefits scheme

The 1999 Constitution recognizes that health constitutes a fundamental social right and an obligation upon the State, which is the guarantor of the right to life (article 83). The State is under the obligation to establish, finance and manage a public health system of an inter-sectoral nature, which is decentralized and participatory, integrated into the social security system and governed by the principles of universal free care, integrity, equity, social integration and solidarity (articles 84 and 85). The LOSSS established the legal framework for the implementation of these constitutional provisions and envisaged the adoption of specific legislation respecting health benefits for this purpose.

Nevertheless, the Government continues to refer to the 1967 Act on social insurance in relation to the legal framework applicable to health care. It also refers to the inclusion in the health programme of the progressive development of new medical consultation centres, comprehensive health services, the modernization of the hospital system and the construction of specialized health centres. According to the Government, this programme has resulted, up to now, in the establishment of some 1,600 consultation centres, 175 comprehensive diagnosis centres, 183 integral rehabilitation centres, six high-technology centres and a children’s cardiology hospital, with a view to enabling the 60 per cent of the population currently excluded from health care to be granted protection ultimately. The Government also refers to the establishment of social services in the field of health (misiones sociales Barrio Adentro I, II, III, IV) with the objective of protecting the health of the poorest persons and accordingly giving effect to the constitutional principle of free health care. The report provided by the Government in 2011 under Convention No. 130 is confined to indicating that there has been no change in the manner in which the Convention is applied.

On this subject, the ASI refers to a bill to implement the provisions of the LOSSS in the field of health, which was adopted on its first reading by Parliament in 2004, but has not become law, as it was not placed on the legislative agenda by the Government. While noting the various positive measures adopted by the Government in the field of health, the ASI considers that they are of an isolated nature and in practice are liable to result in the establishment of a health system under the control of the People’s Ministry of Health (MPPS), in parallel to the one administered by the IVSS, which would be in contradiction with the constitutional objective of the integration of the health system into the social security system. The ASI also expresses concern at the practice which consists of public institutions taking out health insurance for their employees with private providers for hospitalization, surgery and maternity. In practice, employees in the public sector continue to prefer using private health insurance because they consider that, in overall terms, the public health system is deficient. Although in 2009 the Government decided that all insurance policies of this type would in future be managed by a state body, it has still not determined the practical procedures for so doing. The consequence has been the transformation of the State into a collector of funding in support of the private health system, which prejudices not only the public social security system, but also workers, who are obliged to use part of their wages to cover health insurance in view of the absence of a public policy guaranteeing the constitutional rights to health and social security.

In light of this information, the Committee requests the Government to explain the reasons for the delays and impediments to the establishment of a public health-care scheme. The Committee recalls that the legislation on this subject, the 1967 Act on social insurance, is not adequate to guarantee that full effect is given to Convention No. 130. For many years, the Committee has been drawing the Government’s attention to the need to amend this Act to bring it into conformity with the obligations deriving from the international social security Conventions ratified by the country. The points raised above concern in particular the following provisions of Convention No. 130: Articles 10 and 19 (in conjunction with Article 5) (the need for effective coverage of either all employees and their dependants, or 75 per cent of the economically active population and their dependants); Article 13 (the need to provide copies of the laws and regulations specifying the medical care provided to the persons protected, in compliance with the minimum levels envisaged by this provision of the Convention); Article 16(1) (the need to bring section 127 of the General Regulations of the Act on social insurance into conformity with the established practice of the IVSS, which consists of providing medical assistance throughout the contingency); Article 16(2) and (3) (the need to provide a copy of any decision, circular or administrative rule of the IVSS setting out the practice which consists of providing medical care when the beneficiary is no longer part of one of the groups of protected persons in the case of sickness which began when the person concerned was still part of that group); Article 28(2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension is suspended when the contingency is a result of a violation of the law, a crime or an offence against morals or decency; and Article 22, in conjunction with Article 1(h) (concerning the level of cash sickness benefits). While awaiting the implementation of the part of the LOSSS respecting health, the Committee requests the Government to indicate in its next report the measures adopted to give effect to each of the provisions of the Convention referred to above. The Committee also hopes that the next report will reply to the allegations made by the CTV and the ASI concerning the operation of the health system.

IV. The pensions and other cash benefits scheme

In parallel with the situation regarding health benefits, the Committee notes that social security cash benefits are still governed by the 1967 Act on social insurance. Following the adoption of the new Constitution in 1999, invalidity, old-age and, since 2010, survivors’ pensions have been provided at the rate of the minimum wage, which is adjusted each year. The Government adds that it has ensured the provision of all of the financial resources necessary for the social security system and has also assumed the responsibility entrusted to it by the Constitution by extending the coverage of social security and improving the effectiveness and equity of the distribution of public resources. The policy adopted has permitted a better redistribution of household income, an improvement in the situation in the poorest categories and a progression of the country in terms of the Human Development Index. In 2007, Presidential Decree No. 5316 extended old-age coverage to around 100,000 persons aged 70 and above residing in the country, in the context of an exceptional and temporary programme. In 2010, two other exceptional and temporary decrees were also adopted: Decree No. 7401 establishing an exceptional and temporary programme with a view to guaranteeing entitlement to an old-age pension to insured persons of pensionable age who, although they had paid at least a contribution during their professional life, do not fulfil the conditions for entitlement to a pension. Decree No. 7402 places the obligation upon the IVSS to pay old-age benefits to around 20,000 rural workers and fishers who have reached the age of 60 in the case of men and 55 in the case of women. According to the information provided by the Government, during the period covered by the 2006–11 report, the number of pensioners under the social security system is reported to have risen from 944,475 to 1,825,192 persons. The percentage of older persons (women aged over 55 years and men aged over 60 years) covered by the social security system rose from 24.36 per cent in 1998 to 57.06 per cent in 2009.

While emphasizing the efforts made by the Government to extend the coverage of the contributory system (6,701,444 persons covered in 2009) and to ensure old-age coverage to elderly persons who are excluded from it, the ASI recalls that over 1 million persons do not have old-age pensions and it expresses doubts as to the process selected by the Government to guarantee this coverage, through the adoption of different decrees for each of the categories concerned. Measures for the provision of special pensions, in the view of the ASI, represent uncoordinated efforts lacking an integrated legal framework, which are largely inadequate to resolve the structural problem related to the coverage of the contingency of old age. The ASI also refers to the lack of clarity and legal certainty in relation to entitlement to cash benefits and their level, which has serious consequences on the operation of the judicial system and the recognition of acquired rights, both by the administration and by the courts. A ruling by the Supreme Court of Justice in 2005 ordering old-age and survivors’ benefits to be calculated on the basis of previous earnings (TSJ, Social Chamber, Case No. 0816 of 26 July 2005) was accordingly ignored by the court entrusted with its enforcement, which approved the reduction of the level of pensions due to that of the minimum wage. Recently, a legal challenge, which is awaiting a ruling on its receivability by the Constitutional Chamber of the TSJ, lodged by the Venezuelan Programme for Education-Action in the Field of Human Rights (PROVEA) is calling for the failure to adopt legislation regulating the pensions system to be declared unconstitutional. According to the ASI, the adoption of the law on the pensions scheme and other cash benefits envisaged in the LOSSS would have the advantage of clarifying the situation in law and re-establishing the link between pension benefits and the previous earnings of beneficiaries. The ASI adds that the LOPCYMAT is still not applied in practice in relation to employment injury pensions, while awaiting the establishment of the new institutions envisaged by the LOSSS.

The Committee regrets that the Government has not replied to the detailed allegations made by the CTV and the ASI and that it has confined itself to indicating in its 2011 reports under Conventions Nos 121 and 128 that there is no change to be reported in the manner in which these Conventions are implemented, without indicating the way in which it intends to continue the implementation of the LOSSS. The Committee requests the Government to indicate its political intentions with regard to the adoption of the legislation respecting the pensions and other cash benefits scheme.

With regard to the implementation of the social security Conventions by the legislation that is currently applicable, the Committee notes that the information provided by the Government is confined to referring to the various legislative provisions, even though it has been drawing its attention for many years to the need to provide all the information requested in the report form. The Committee therefore requests the Government to provide detailed information in its next report in relation to the instruments mentioned below, based on the report forms, indicating the manner in which the applicable legislation, including the various exceptional and temporary measures adopted by the Government, gives effect to Conventions Nos 102, 121 and 128.

• – With regard to the level of benefits: please demonstrate that cash benefits are of a level that is in conformity with the minimum established by Convention No. 121 in relation to employment injury benefit (Articles 13, 14(2) and 18(1), in conjunction with Article 19); and by Convention No. 128 in relation to old-age, invalidity and survivors’ benefit (Articles 10, 17 and 23, in conjunction with Article 26).
• – With regard to Convention No. 121: Article 4 (the need to cover effectively all employees (including apprentices) in the public and private sectors, including cooperatives, and, in the event of the death of the family breadwinner, the prescribed categories of beneficiaries); Article 7 (the need to indicate the conditions under which a commuting accident shall be considered to be an industrial accident giving entitlement to compensation under the social security legislation); Article 8 (the establishment of a list of occupational diseases in accordance with the Convention); Article 10(1) (the need to take the necessary measures to determine explicitly in the legislation the types of medical care provided by the IVSS to insured persons, which shall include at least the care enumerated in the Convention); Article 18 (in conjunction with Article 1(e)(i)) (the amendment of section 33 of the Act on social insurance with a view to raising from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 21 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of the adjustment of pensions, taking into account variations in the general level of earnings and in the cost of living); Article 22(1)(d) and (e) and (2) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency).
• -With regard to Convention No. 128: Article 21(1) (in conjunction with Article 1(h)(i) (the need to amend section 33 of the Act on social insurance to raise from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension); Article 29 (the need to provide the statistical data required in the report form as a basis for assessing the real impact of adjustments of pensions, taking into account variations in the general level of earnings or in the cost of living); Article 32(1)(d) and (e) (the need to amend section 160 of the General Regulations of the Act on social insurance, under which the pension shall be suspended when the contingency is due to a violation of the law, a crime or an offence against morals or decency); Article 32(2) (the need to provide that when benefits are suspended, a proportion shall be provided to the dependants of the beneficiary); and Article 38 (indicate any increase in the number of employed persons protected in the agricultural sector).
• -With regard to Convention No. 102: Articles 50 and 52 (in conjunction with Article 65) (the need to bring section 143 of the General Regulations on social security into line with section 11 of the Act on social insurance).

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Referring to its comments under Convention No. 102, the Committee hopes that the Government’s next report relating to Convention No. 121 will contain information on the measures adopted to give effect to the following provisions of the Convention on which it has been making comments for many years: Article 4 (scope of application); Article 7 (commuting accidents); Article 8 (list of occupational diseases); Article 10, paragraph 1 (specification in the legislation of types of medical care to be guaranteed to protected persons); Articles 13, 14, paragraph 2, and 18, paragraph 1 (in conjunction with Article 19) (amount of cash benefits); Article 18 (in conjunction with Article 1(e)(i)) (raising of age up to which minors have the right to a survivor’s pension); Article 21 (review of long-term payments); Article 22, paragraph 1(d) and (e) and paragraph 2 (suspension of benefits).

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Referring to its comments under Convention No. 102, the Committee hopes that the Government’s next report relating to Convention No. 128 will contain information on the measures adopted to give effect to the following provisions of the Convention on which it has been making comments for many years: Articles 10, 17 and 23 (in conjunction with Article 26) (amount of invalidity, old-age and survivors’ benefits); Article 21, paragraph 1 (in conjunction with Article 1(h), (i)) (raising of age up to which minors have the right to a survivor’s pension); Article 29 (revision of benefits); Article 32 paragraph 1(d) and (e) and paragraph 2 (suspension of benefits); and Article 38 (employees in the agriculture sector).

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Referring to its comments under Convention No. 102, the Committee hopes that the Government’s next report relating to Convention No. 130 will contain information on the measures adopted to give effect to the following provisions of the Convention on which it has been making comments for many years: Articles 10 and 19 (in conjunction with Article 5) (scope of application of insurance); Article 13 (specification in the legislation of medical assistance which has to be guaranteed to persons covered); Article 16, paragraph 1 (duration of medical assistance); Article 16, paragraphs 2 and 3 (continuation of medical assistance when the beneficiary ceases to belong to one of the groups of persons covered); Article 22 (in conjunction with Article 1(h)) (amount of sickness benefit); Article 28, paragraph 2 (suspension of sickness benefit).

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information provided by the Government in its report, including the statistical data on the population protected by the Venezuelan Social Security Institute (IVSS).

In its previous comments, the Committee noted the adoption of the new Organic Act on the Social Security System, and also of the laws regulating the pensions and health subsystems, which came into force on 30 December 2002 and 31 December 2001 respectively. It noted that section 1 of the new Organic Act states that the purpose of the Act is to institute the social security system, establish and regulate its mandate, organization, functioning and financing, the management of its benefit systems and the manner in which the right to social security is given effect to in respect of persons subject to its scope of application, as a non-profit public service. The Government indicates in its report that the laws adopted by the previous administration never came into force, since they were repeatedly deferred by the National Assembly. The Government reports, however, on the adoption in 2004 and 2005 of laws on health, working conditions and the work environment, which are at an initial stage of implementation. The Government indicates that, during the transition period from the old to the new system, some of the previous laws and their respective regulations remained in force, and are currently applied to cover the various contingencies of the social security system. Once the new system is fully operational, the Government will refer to the observations, and particularly as regards the articles to the non‑observance which, has been highlighted by the Committee. The Committee therefore requests the Government to specify the laws which are currently in force and indicate to what extent the new legislation enables effect to be given to each of the provisions of the Convention, supplying for this purpose the information, including statistics, requested in the report form in respect of Parts II and VIII of the Convention. It also requests the Government to provide the regulations giving effect to the new legislation.

The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions of the Convention on which it has been making comments for many years: Articles 9 and 48 (scope of application of insurance in relation to medical assistance and maternity benefits); Article 10, paragraph 1(a) (specification in the legislation of the types of medical assistance that must be guaranteed for protected persons); Article 50 (in relation to Article 65); and Article 52 (duration of maternity benefit).

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its reports relating to Conventions Nos. 102, 118, 121, 128 and 130. It notes the adoption of the new Organic Act on the Social Security System, as well as that of the Acts regulating the pensions and health subsystems, which entered into force on 30 December 2002 and 31 December 2001, respectively. The Committee notes that, as stated in its first section, the objective of the new Organic Act is to establish the social security system, establish and regulate its mandate, organization, functioning and financing, the management of its benefit systems and the manner in which entitlement to social security benefits is given effect with regard to persons subject to its scope of application, as a non-profit public service. The Committee requests the Government to provide detailed information on the extent to which its new legislation gives effect to each of the provisions of the Convention, transmitting in this regard the information requested in the report form approved by the Governing Body, including statistics with regard to Parts II and VIII of the Convention. The Committee also requests the Government to transmit the regulations concerning the application of the new legislation.

2. The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions with regard to which it has been making comments for several years: Articles 9 and 48 (scope of application of insurance with regard to medical assistance and maternity benefits); Article 10, paragraph 1(a) (specification in the legislation of the types of medical assistance which must be guaranteed for those persons covered); Article 50 (in relation with Article 65) and Article 52 (duration of maternity benefits).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its reports relating to Conventions Nos. 102, 118, 121, 128 and 130. It notes the adoption of the new Organic Act on the Social Security System, as well as that of the Acts regulating the pensions and health subsystems, which entered into force on 30 December 2002 and 31 December 2001, respectively. The Committee notes that, as stated in its first section, the objective of the new Organic Act is to establish the social security system, establish and regulate its mandate, organization, functioning and financing, the management of its benefit systems and the manner in which entitlement to social security benefits is given effect with regard to persons subject to its scope of application, as a non-profit public service. The Committee requests the Government to provide detailed information on the extent of its new legislation gives effect to each of the provisions of the Convention, transmitting in this regard the information requested in the report form approved by the Governing Body, including statistics. The Committee also requests the Government to transmit the regulations concerning the application of the new legislation.

2. The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions with regard to which it has been making comments for several years: Article 4 (scope of application); Article 7 (commuting accidents); Article 8 (list of occupational diseases); Article 10, paragraph 1 (specification in the legislation of the types of medical assistance which must be guaranteed for those persons covered); Articles 13, 14, paragraph 2, and 18, paragraph 1 (read in conjunction with Article 19) (amount of cash benefits); Article 18 (read in conjunction with Article 1(e), (i)) (raising of the age until which minors are entitled to a survivor’s pension); Article 21 (revision of long-term benefits); Article 22, paragraph 1(d) and (e) and paragraph 2 (suspension of benefits).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its reports relating to Conventions Nos. 102, 118, 121, 128 and 130. It notes the adoption of the new Organic Act on the Social Security System, as well as that of the Acts regulating the pensions and health subsystems, which entered into force on 30 December 2002 and 31 December 2001, respectively. The Committee notes that, as stated in its first section, the objective of the new Organic Act is to establish the social security system, establish and regulate its mandate, organization, functioning and financing, the management of its benefit systems and the manner in which entitlement to social security benefits is given effect with regard to persons subject to its scope of application, as a non-profit public service. The Committee requests the Government to provide detailed information on the extent to which its new legislation gives effect to each of the provisions of the Convention, transmitting in this regard the information requested in the report form approved by the Governing Body, including statistics. The Committee also requests the Government to transmit the regulations concerning the application of the new legislation.

2. The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions with regard to which it has been making comments for several years: Articles 10, 17 and 23 (read in conjunction with Article 26) (amount of old-age, invalidity and survivors benefit); Article 21, paragraph 1 (read in conjunction with Article 1(h), (i)) (raising of age up to which minors have the right to a survivor’s pension); Article 29 (revision of benefits); Article 32, paragraph 1(d) and (e) and paragraph 2 (suspension of benefits); and Article 38 (employees in the agriculture sector).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its reports relating to Conventions Nos. 102, 118, 121, 128 and 130. It notes the adoption of the new Organic Act on the Social Security System, as well as that of the Acts regulating the pensions and health sub-systems, which entered into force on 30 December 2002 and 31 December 2001, respectively. The Committee notes that, as stated in its first section, the objectives of the new Organic Act are to establish the social security system, establish and regulate its mandate, organization, functioning and financing, the management of its benefit system and the way in which entitlement to social security benefits is given effect with regard to persons subject to its scope of application, as a non-profit public service. The Committee requests the Government to provide detailed information on the extent to which the new legislation gives effect to each of the provisions of the Convention, transmitting in this regard the information requested in the report form approved by the Governing Body, including statistics. The Committee also requests the Government to transmit the regulations implementing the new legislation.

2. The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions concerning which it has been making comments for several years: Articles 10, 19 (in conjunction with Article 5) (scope of application of insurance); Article 13 (specification in the legislation of medical assistance which has to be guaranteed to persons covered); Article 16, paragraph 1 (duration of medical assistance); Article 16, paragraphs 2 and 3 (continuation of medical assistance when the beneficiary ceases to belong to one of the groups of persons covered); Article 22 (in conjunction with Article 1(h)) (amount of sickness benefit); Article 28, paragraph 2 (suspension of sickness benefit).

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its reports on Conventions 102, 121, 128 and 130. It understands, moreover, that the reforms to the health and pensions systems which were envisaged have not been implemented, as the new Government has decided to conduct a global re‑examination of the matter. The Committee therefore hopes that the Government’s next report will contain full information on all measures taken or envisaged subsequent to this examination and that, in this context, due account will be taken of the obligations arising from ratification of the Convention, and particularly the following provisions which have been the subject of its comments for many years: Articles 9 and 48 of the Convention (scope of the insurance in regard to medical care and maternity benefit); Article 10, paragraph 1(a) (specification in legislation of the types of medical care that shall be provided for the persons protected); Article 50 (in conjunction with Article 65); and Article 52 (duration of maternity benefit).

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its reports on Conventions Nos. 102, 121, 128 and 130. It understands, moreover, that the reforms to the health and pension systems which were envisaged have not been implemented, since the new Government has decided to conduct a global re‑examination of the matter. The Committee therefore hopes that the Government’s next report will contain full information on all measures taken or envisaged subsequent to this examination and that, in this context, due account will be taken of the obligations arising from ratification of the Convention, and particularly the following provisions which have been the subject of its comments for many years: Article 4 (scope); Article 7 (industrial accidents); Article 8 (list of occupational diseases); Article 10(1) (specification in legislation of types of medical care that shall be provided for persons protected); Articles 13, 14(2), and 18(1) (read in conjunction with Article 19) (level of cash benefits); Article 18 (read in conjunction with Article 1(e)(i)) (increase of the age until which a child has the right to a survivor’s benefit); Article 21 (long-term review of benefits); Article 22(1)(d) and (e) and (2) (suspension of benefits).

[The Government is asked to report in detail in 2001.]

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its report on Conventions Nos. 102, 121, 128 and 130. However, it understands that the reforms of the health and pensions system which had been envisaged have not been implemented, as the new Government has decided to undertake an overall re-examination of the matter. The Committee therefore hopes that the Government’s next report will contain full information on all measures which have been taken or are envisaged following such examination, and that due account will be taken on that occasion of the obligations deriving from the ratification of the Convention, and particularly the following provisions on which the Committee has been commenting for many years: Articles 10, 17 and 23 (in conjunction with Article 26) (amount of invalidity, old-age and survivors’ benefit); Article 21, paragraph 1 (in conjunction with Article 1(h)(i)) (increase in the age up to which children shall be entitled to a survivors’ pension); Article 29 (review of benefits); Article 32, paragraphs 1(d) and (e) and 2 (suspension of benefit); Article 38 (employees in the agricultural sector).

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information supplied by the Government in its reports on Conventions Nos. 102, 121, 128 and 130. It understands, moreover, that the reforms to the health and pension systems which were envisaged have not been implemented, as the new Government has decided to conduct a global re-examination of the matter. The Committee therefore hopes that the Government’s next report will contain full information on all measures taken or envisaged subsequent to this examination and that, in this context, due account will be taken of the obligations arising from ratification of the Convention, and particularly the following provisions which have been the subject of its comments for many years: Articles 10 and 19 (read in conjunction with Article 5) (scope of the insurance); Article 13 (specification in legislation of the medical care that shall be provided for the persons protected); Article 16, paragraph 1 (duration of medical care); Article 16, paragraphs 2 and 3 (continuation of medical care where a beneficiary ceases to belong to the categories of persons protected); Article 22 (read in conjunction with Article 1(h)) (level of sickness benefit); Article 28, paragraph 2 (suspension of sickness benefit).

[The Government is asked to report in detail in 2001.]

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

Part II (Medical care), Article 9, and Part VIII (Maternity benefit), Article 48, of the Convention. The Committee notes the information supplied by the Government in reply to its previous comments concerning the scope of the general social security scheme. In particular, it notes with interest that the number of insured persons under the general scheme rose from 1,942,054 in 1994 to 2,516,680 in 1995. Furthermore, it notes that, according to the information contained in the Statistics Yearbook for Venezuela of 1994, the number of employees was 4,557,327 in 1994. The Committee therefore considers that the provisions of Articles 9(a) and 48(a) of the Convention can be considered to be applied, provided that the total number of employees remained constant in 1995. The Committee therefore hopes that the Government will be able to provide updated information in its next report both on the number of employees protected under the general social security scheme and on the total number of employees for the same reference period.

Part II (Medical care), Article 10, paragraph 1(a). In reply to the Committee's previous comments, the Government recalls that, in so far as medical care is concerned, the activities of the IVSS are governed by the Social Insurance Act and its general regulations. While noting this statement, the Committee once again draws the Government's attention to the fact that this legislation does not specify the types of medical care that must be provided to the protected persons, under the terms of Article 10, paragraph 1(a), of the Convention. It therefore hopes that the Government's next report will contain detailed information on the measures that have been taken or are envisaged to set out in the social security legislation or its regulations the types of medical care to be provided in accordance with this provision of the Convention.

Part VIII (Maternity benefit), Article 50 (in conjunction with Article 65) and Article 52. The Committee notes with interest that section 11 of the Social Insurance Act, as amended in the partial reform of 20 July 1991, henceforth provides that insured persons are entitled to medical care and a daily benefit during the maternity leave provided for by the law, and that the above benefit cannot be less than the normal wage received by the woman worker in the month immediately preceding the commencement of the leave. The Committee hopes that the Government's next report will contain detailed information on the measures taken or envisaged to bring section 143 of the general social security regulations into conformity with section 11 of the Social Insurance Act, as amended.

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

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

1. Article 4 of the Convention. In its previous direct request, taking account of the comments made by the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS), the Committee expressed the hope that it would be possible progressively to extend the social insurance scheme throughout the country. In its reply, as well as in the report under Convention No. 102, the Government indicates 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. It adds that the studies have been carried out with a view to extending its coverage further to some other categories of workers and geographical regions of the country. Finally, the Government refers to the provisions concerning employment injuries contained in the new Organic Labour Law which has entered into force in 1991, which ensure inter alia the payment of lump-sum compensation for victims of employment injuries in case of total permanent incapacity (section 571) and to their dependants in case of death (section 567), as well as their right to the necessary medical, surgical and pharmaceutical care, and funeral expenses (section 577).

The Committee notes this information with interest. It also notes the statistics of the Venezuelan Social Security Institute (IVSS) supplied by the Government, as well as those published in the Venezuelan Yearbook of Statistics (1994, in particular table 471-06). As regards the above-mentioned provisions concerning compensation of employment injuries of the Organic Labour Law, the Committee wishes however to point out that the protection they offer cannot be considered sufficient to fulfil the requirements of the Convention as they are limited to establishing employers' obligations to pay the injured worker a lump-sum compensation as well as to provide medical benefit up to an amount equivalent to five minimum wages, whereas under Article 9, paragraph 3, and Articles 13, 14 and 18 of the Convention, cash and medical benefits should be granted throughout the contingency and cash benefit shall be a periodical payment.

The Committee also observes that in 1995, according to the available statistics, the general insurance scheme still covered only about 55 per cent of the total number of employees in the country. The Committee hopes therefore that the Government's next report will contain information on any progress made in order to extend the social insurance scheme throughout the country, so as to gradually cover all employees, including apprentices, in the public and private sectors, including cooperatives, subject to any exceptions that might be made under Article 4, paragraph 2, of the Convention. It would also appreciate receiving detailed and up-to-date statistics, as required under this Article by the report form on the Convention adopted by the Governing Body, specifying in particular the number of employees protected by the general insurance scheme and the total number of employees (and not población ocupada) both in the public and the private sectors.

2. Article 7. In reply to the Committee's previous comments, the Government indicates that, by virtue of section 100 of the Social Insurance Act, the definition of industrial accidents used for the purposes of compensation under the social security system is the one contained in section 561 of the Organic Labour Law. This definition covers industrial accidents which occurred not only in the course of work, but also "in relation to work", and thus, according to the Government, includes commuting accidents as well. The Committee notes this information with interest. It hopes that the Government will be able to specify, in regulations or administrative circulars, the conditions under which commuting accidents are to be considered as industrial accidents for the purpose of compensation under the social insurance legislation.

3. Article 8. The Government indicates that, by virtue of section 100 of the Social Insurance Act, the definition of occupational diseases used for the purposes of compensation under the social insurance system is the one contained in section 562 of the Organic Labour Law. The Committee notes that, according to sections 562 and 583, in regulating the Organic Labour Law, the Government may enlarge the definition of occupational diseases, as well as consider, as occupational, diseases caused by substances to be determined in regulations. The Government's report also contains a copy of the list of occupational diseases and toxic substances which corresponds to the one supplied in its first report in 1986. In the light of these provisions, the Committee would like the Government to indicate (a) whether diseases other than those mentioned in regulations under section 583, could be considered as occupational diseases and under what conditions, and (b) whether all the diseases enumerated in Schedule 1 to the Convention, although not included in the national list, are considered as occupational for the purposes of compensation under the social insurance system. Please supply also a copy of any up-dated list of occupational diseases, if adopted.

4. Article 10, paragraph 1. For a number of years the Committee has been asking the Government to indicate what specific provisions in laws, regulations or administrative rules guarantee the provision of the types of medical care required by Article 10, paragraph 1, of the Convention and, in particular, to supply the text of the internal rules to be issued by the Board of Governors of the IVSS in pursuance of section 119 of the General Regulations of the Social Insurance Act, that the IVSS will provide medical benefits in the form and conditions set forth by the Board. In reply, the Government refers to the Regulations concerning integral medical care adopted by the Board of IVSS, sent to the ILO together with the Government's report on Convention No. 102. The Committee notes that the report on Convention No. 102 contained only regulations of hospitals of the IVSS which deal with the internal organization of the medical services in hospitals, but do not specify the types of medical care ensured to the protected persons. The Committee recalls that no such provisions exist either in the Social Insurance Act, its General Regulations or the Act of 2 July 1986 to which the Government referred in its previous report. It observes that, notwithstanding the efforts made by the Government to improve the provision and the quality of medical care in practice described in its report, in the absence of such express provisions in the national legislation, victims of industrial accidents have no legal guarantee of being provided free of charge, under all circumstances, the full range of medical care specified by the Convention. The existence of such legal guarantees to insured persons may become particularly important in view of the processes of restructuring of the IVSS, decentralization of its medical care services and potential privatization of some of them, mentioned by the Government in its reports on Convention No. 102. In this situation, the Committee would urge the Government to take the necessary measures with a view to expressly specifying in the legislation the types of medical care provided by the IVSS to the insured persons, which should include at least those mentioned in Article 10, paragraph 1, of the Convention.

5. Article 13; Article 14, paragraph 2; Article 18, paragraph 1 (in conjunction with Article 19). The Committee has been requesting the Government, since its first report, to supply the statistical information, including the wage of the skilled manual male employee, requested under Article 19 in the report form on the Convention adopted by the Governing Body; such statistics being necessary for the Committee to ascertain whether the amount of periodical benefits prescribed by national law attains, in all cases, the minimum level established by the Convention.

In its reply, with respect to the calculation of periodical benefits paid in case of temporary incapacity, permanent disability and death of the breadwinner due to an employment injury, the Government refers to the definition of the term "skilled employee" (obrero calificado) given in section 44 of the Organic Labour Law and provides data on the national minimum wage for urban and rural workers. The Committee wishes to point out in this respect that, for the purposes of the calculation of benefits guaranteed by the Convention, a skilled manual male employee shall be selected in accordance with paragraphs 6 and 7 of Article 19 and his wage shall be determined in accordance with its paragraph 9. It therefore once again hopes that the Government will be able to compile and to supply in its next report all the statistical information in the form requested under Article 19 of the Convention.

6. Article 18 (in conjunction with Article 1(e)(i)). The Committee notes the declaration of the Government to the effect that it has taken due note of its previous comments concerning the need to amend section 33 of the Social Insurance Act in order to raise to 15 the age up to which children shall be entitled to a survivors' pension. It hopes that the next report of the Government will indicate the progress achieved in this respect.

7. Article 21. In reply to the Committee's previous comments, the Government states that in 1993 invalidity, partial incapacity and survivors' pensions were increased by 40 per cent. The Committee notes this information with interest. In order to enable it to assess the real impact of the increases in the level of pensions taking into account fluctuations in the general level of incomes or the cost of living index, it hopes that the Government will be able to supply, as it has already been requested to do since its first report, the data required under the report form for this Article of the Convention.

8. Article 22, paragraph 1(d) and (e), and paragraph 2. In reply to the Committee's previous comments concerning section 160 of the General Regulations of the Social Insurance Act, the Government states that while the provisions of this section have never been used in practice to suspend the benefits, it has taken due note of the need to eliminate this section from the legislation. Consequently, to avoid any ambiguity, the Committee hopes that the Government will not fail to take the necessary measures when this legislation is next revised. It hopes that measures will also be taken to ensure that in the appropriate cases part of the suspended benefit shall be paid to the dependants of the person concerned.

[The Government is asked to report in detail in 1998.]

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

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.]

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

1. Part II (Medical care), Article 10, and Part III (Sickness benefit), Article 19 (in relation with Article 5), of the Convention. 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 extending its coverage further to some other categories of workers and geographical regions of the country. The Committee also observes that in 1995 according to the available statistics (supplied by the Government in its report under Convention No. 102 as well as in the Venezuelan Statistical Yearbook of 1994), the general insurance scheme covered only about 55 per cent of the total number of employees in the country. Taking account of the previous comments made by the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) highlighting the difficulties in this process, the Committee hopes that the Government will continue its endeavours to progressively extend the social security scheme to the whole of the country, so as to attain in particular the level of coverage set out by the above-mentioned provisions of the Convention. It also hopes that the next report of the Government will contain detailed information in this respect, including up-to-date statistics required in the report form on the Convention adopted by the Governing Body, both for the private and the public sectors.

2. Part II (Medical care), Article 13. For a number of years the Committee has been asking 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 13 of the Convention and, in particular, to supply the text of the internal rules to be issued by the Board of Governors of the IVSS in pursuance of section 119 of the General Regulations of the Social Insurance Act, that the IVSS will provide medical benefits in the form and conditions set forth by the Board. In reply, the Government refers to the information supplied in its report under Convention No. 102 and, in particular, to the regulations of hospitals of the IVSS, a copy of which was supplied in the annex to its report on Convention No. 102. The Committee observes that while these regulations contain detailed provisions concerning the internal organization of the medical services in hospitals, they do not specify, as neither do the Social Insurance Act and its General Regulations, the types of medical care ensured to the protected persons. In this situation and taking into account that, according to the Government's report on Convention No. 102, the IVSS is currently undergoing restructuring, the Committee would urge the Government to take the necessary measures with a view to expressly specifying in the legislation the types of medical care provided by the IVSS to the insured persons, which should include at least those mentioned in Article 13 of the Convention.

3. Article 16, paragraph 1. The Government states that the Committee's comments concerning the need to bring the content of section 127 of the General Regulations of the Social Insurance Act in line with the established practice of the IVSS to provide medical assistance throughout the contingency, have been noted. The Committee therefore hopes that in its next report the Government would not fail to indicate measures taken to this end and in the meantime to supply the text of any decisions, circulars or other administrative regulations of the IVSS establishing the said practice.

4. Article 16, paragraphs 2 and 3. In its previous comments the Committee had asked the Government to supply the text of any decisions, circulars or other administrative regulations of the IVSS establishing the practice to continue to provide medical care where a beneficiary ceases to belong to one of the categories of persons protected when the sickness started while he or she still belonged to the said category. In its reply, the Government states that this practice is not yet reflected in the social security legislation. In this situation the Committee again asks the Government to take the necessary measures to ensure that full effect is given to these provisions of the Convention in the legislation as well.

5. Part III (Sickness benefits), Article 22 (in conjunction with Article 1(h)). In its previous comments the Committee had requested the Government to supply statistical information called for under Titles I and II of the report form under this Article of the Convention, in order to enable it to ascertain whether the amount of the sickness benefit attains the percentage prescribed by the Convention (60 per cent) for a standard beneficiary (a man with a wife and two children) whose wage is equal to that of a skilled manual male employee, in accordance with paragraph 3 of Article 22. In reply, the Government refers to the statistics of the IVSS attached to its report. As these statistics have not reached the Office, the Committee once again asks the Government to provide the statistical information requested in its next report.

6. Part IV (Common provisions), Article 28, paragraph 2. With reference to its previous comments concerning section 144 of the General Regulations of the Social Insurance Act providing for the withdrawal or reduction of cash benefits for temporary incapacity, the Committee hopes that, when this legislation is next revised, the Government will not fail to ensure that in the appropriate cases part of the suspended benefit shall be paid to the dependants of the person concerned, as required by this Article of the Convention.

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

1. Part II (Invalidity benefit), Article 10; Part III (Old-age benefit), Article 17; Part IV (Survivor's benefit), Article 23 (in conjunction with Article 26). With reference to its previous comments, the Committee notes the Government's reply to the effect that the Bureau of Statistics on Social Insurance currently only has general data at its disposal concerning the number and amount of pensions paid, according to the type of pension, and that the Venezuelan Social Insurance Institute is undergoing a period of restructuring. While fully aware of the difficulties encountered by the Government, the Committee is bound to recall that the absence of the statistical data required by the report form approved by the Governing Body under Titles I to IV of Article 26 means that it is not able to fully assess the manner in which effect is given to the above Articles of the Convention, which set the level that must be reached by benefits. In these conditions, it once again hopes that the Government will make every effort to compile such statistics so that it is in a position to supply 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 Security Act in order to raise to 15 the age up to which children shall be entitled to a survivors' pension, the Government states that future national legislation will take into account this requirement set out in the Convention. The Committee notes this information with interest. It hopes that the Government's next report will contain information on the progress achieved in this respect.

3. Part V (Standards to be complied with by periodical payments), Article 29. In reply to the Committee's previous comments, the Government states that in 1993 invalidity, old-age and survivors' pensions were increased by 40 per cent. The Committee notes this information with interest. In order to enable it to assess the real impact of the increases in the level of pensions taking into account fluctuations in the general level of incomes or the cost of living index, it hopes that the Government will be able to supply, as it has already been requested to do on various occasions, the data required under the report form for this Article of the Convention.

4. Part VI (Common provisions). (a) Article 32, paragraph 1(d)(e). The Government states that it has taken due note of the Committee's previous comments concerning the need to bring national law (section 160 of the General Regulations under the Social Insurance Act) formally into conformity with this provision of the Convention, which only authorizes the suspension of benefits where the contingency is due to a criminal offence or to the serious and wilful misconduct of the person concerned. The Committee therefore hopes that the necessary measures will be taken in the near future and that the Government will be in a position to indicate the progress achieved in this respect in its next report.

(b) Article 32, paragraph 2. In its previous comments, the Committee emphasized the need to ensure, in both law and practice, that in the event of the suspension of benefit, part of the benefit shall be paid to the dependants of the person concerned. In its reply, the Government states that the payment of social benefits is not suspended in Venezuela and that all payments are made directly to the beneficiary. However, it recalls that the Venezuelan Social Insurance Institute is undergoing restructuring and states that the Committee's comments have been taken into account. In these conditions, the Committee is bound to reiterate the hope that the necessary measures will be taken to give effect in law and practice to this provision of the Convention.

5. Part VII (Miscellaneous provisions), Article 38. In reply to the Committee's previous comments, the Government states that agricultural workers are covered by the social insurance scheme by virtue of section 1 of the General Social Insurance Regulations. The Committee takes due note of this information. In view of the fact that the social insurance system that is in force in Venezuela has not yet been extended to the whole of the country, the Committee requests the Government to continue supplying the information requested under Article 38, paragraphs 2 and 3, of the Convention with regard to the application of the Convention to the agricultural sector, with an indication of the number of agricultural employees who are actually covered by the social insurance scheme.

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

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.

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

I. The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 4 of the Convention. In its previous comments, the Committee expressed the hope that it would be possible progressively to extend the social insurance scheme throughout the country so as to cover all employees, including apprentices, in the public and private sectors, including cooperatives, subject to any exceptions that might be made under Article 4, paragraph 2. In its report the Government refers in particular to the Act of 2 July 1986 concerning prevention, working conditions and the working environment. The Committee notes, however, that this Act, which applies to all workers with the exception of members of the national armed forces and the State security corps, does not extend the scope of the social security system but, according to the Government's report, lays down in section 33, subsection 2, the obligations of employers towards workers suffering an industrial accident who are not covered by social security. In that connection, the Committee is bound to observe that under that section 33, subsections 1 and 2, workers who suffer an industrial accident and their survivors are entitled only to compensation paid in a lump sum equivalent to a certain number of years' wages whereas under Article 9, paragraph 3, of the Convention, the benefits should be granted throughout the contingency. Furthermore the employer's obligations appear to be limited to cases which involve culpable behaviour on his or her part. The Committee considers that in these circumstances workers covered by section 33 of the aforementioned Act of 1986 cannot be taken into account for the purposes of Article 4 of the Convention.

Furthermore the Committee notes from the statistics supplied by the Government that in 1989 only 28 per cent of employees were covered by the social security system. In this connection, the Committee has noted the comments made by the Venezuelan Federation of Associations and Chambers of Commerce and Production (FEDECAMARAS) regarding Convention No. 130, which emphasise the slowness observed in extending social security to various parts of the country. The Committee consequently expresses the hope that the Government will be able to take the necessary measures to speed up the process of extending the social security system throughout the country, so as gradually to cover all workers protected by the Convention.

2. Article 7. The Committee has noted with interest from the Government's reply to its previous comments that the definition of an industrial accident given in section 32 of the Act of 2 July 1986, which uses the language of section 141 of the Labour Act of 1983, also includes commuting accidents. The Committee understands that this definition of industrial accidents is also taken into account for the purposes of compensation for industrial accidents under the social security system. The Committee would therefore be grateful if the Government would confirm that commuting accidents are indeed considered to be industrial accidents under the social insurance system, in particular for the calculation of invalidity and survivors' benefits (sections 16 and 34 of the Social Security Act of 1967). Please supply the text of all regulations or administrative provisions instituting such a practice and of all relevant judicial decisions.

3. Article 8. The Committee has noted the information supplied by the Government to the effect that the definition of occupational diseases given in section 28 of the Act of 2 July 1986 is wide enough to cover all the occupational diseases listed in schedule I annexed to the Convention. It would be grateful if the Government would indicate how the expression "occupational diseases" is construed within the social security system when a decision has to be taken concerning the application of sections 15, 16, 20, 22, 32 and 34 of the Social Security Act of 1967, which provide for the abolition of any requirement of a qualifying period for the acquisition of entitlement to benefit and special procedures for calculating the amount of benefit, particularly in the case of an occupational disease. Please state also whether there is a list of occupational diseases laid down for that purpose and, if so, supply the text of it.

4. Article 10, paragraph 1. In response to the Committee's comments, the Government refers to section 19, subsection 4, of the Act of 2 July 1986 which places the employer under an obligation to organize and manage medical services and labour safety bodies. While noting the information that appears to be more particularly concerned with preventive medicine, the Committee can only urge the Government once again to indicate the provisions in laws, regulations or administrative rules - other than sections 121 and 157 of the General Regulations under the Social Insurance Act - specifying the nature of the medical care thus provided. In particular, please supply the text of the internal rules issued by the Board under section 119 of the General Regulations under the Social Insurance Act.

5. Article 13; Article 14, paragraph 2; Article 18, paragraph 1 (in conjunction with Article 19). The Committee notes with interest that the ceiling placed on the reference wage for contributions and benefits has been raised from 3,000 bolivares to 15,000 bolivares. Furthermore the Committee understands that the Government wishes to have recourse to Article 19 for the purpose of comparing the amount of periodical benefits prescribed by national law with the minimum level prescribed by the Convention. In these circumstances, the Committee asks the Government to supply all the statistical information requested in the report form adopted by the Governing Body under Article 19. In particular it asks the Government to indicate the maximum amount of periodical benefits paid in the case of temporary incapacity, permanent disability and death of the breadwinner due to an industrial accident or an occupational disease and the wage of a skilled manual male employee selected in accordance with paragraph 6 or 7 of Article 19.

6. Article 18 (in conjunction with Article 1(e)(i)). The Committee notes that, under section 33 of the Social Security Act, single children under 14 years of age (except in the case of a child who is still at school or is disabled) are entitled to a survivors' pension. Since, under the aforementioned provisions of the Convention, the benefits to the deceased's dependent children are to be paid at least up to the age of 15 years, the Committee would be grateful if the Government would indicate the measures taken or contemplated to ensure full application of the Convention on this point.

7. Article 21. The Committee notes with interest that pursuant to section 196 of the Social Security Regulations, as amended, invalidity, disability and survivors' pensions in payment in particular have been increased by 40 per cent and that the minimum amount of old-age and invalidity benefit has been increased to 2,000 bolivares.

It would be grateful if the Government would continue to supply information on any new revaluation of pensions in payment to take into account the trend in the cost of living in accordance with the provisions of Article 21 of the Convention. Furthermore, in order to be able to assess the real impact of those increases, the Committee again asks the Government to supply with its next report all the statistical information requested in the report form under this Article of the Convention.

8. Article 22, paragraph 1(d) and (e). The Government states that the Venezuelan Social Security Institute has decided not to apply in practice section 160 of the Social Security Regulations, which suspends the payment of benefits where the invalidity or partial disability is caused by or due to a violation of the law, a crime or an offence against morality or decency. The Committee notes this information with interest. To avoid any ambiguity, the Committee would be grateful if the Government would take the necessary measures to embody this practice in the law also.

9. Article 22, paragraph 2. The Committee points out that, under this provision of the Convention, the obligation to allot part of the cash benefit to the dependants of the person concerned is not limited solely to the cases of suspension provided for in section 160 of the Social Security Act but also applies to the other cases of suspension provided for in Article 22, paragraph 1(a) to (g), of the Convention. It would be grateful if the Government would indicate in its next report the measures taken or contemplated to that effect.

10. The Committee again asks the Government to supply detailed information on the application of each Article of the Convention to civil servants and public employees.

II. Article 26. In reply to the comments made on 14 June 1991 by the United Centre of Workers (Central Unitaria de los Trabajadores) of Venezuela, alleging non-observance by the Government of Venezuela of the provisions of the Basic Act on prevention, working conditions and the working environment, the Government indicates, in its communication of 12 June 1992, that the questions concerned were the subject of its preoccupations for a long time and constitute one of the aspects of the Integrated Project of Social Security. In addition, the Government indicates that on 23 April 1992 there were established the National Council and the National Institute on Prevention and Health and Safety at Work. The Committee notes this information. In this regard, it refers to its comments concerning Convention No. 155.

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

The Committee notes with regret that for the second time in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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). The Government confirms in its report that it wishes to avail itself of Article 26 of the Convention for the purpose of calculating the various benefits; it supplies some statistical data on the number of pensions and the amount paid thereon according to type. The Committee finds that these data do not fully convey how these Articles of the Convention are applied. The Committee therefore hopes that the Government will be able to supply in its next report the statistical data required in the report form approved by the Governing Body under Article 26, Titles I to IV.

2. Part IV (Survivors' benefit), Article 21, paragraph 1 (in conjunction with Article 1, subparagraph (h), clause (i)). The Committee finds that, according to section 33 of the Social Security Act, single children under 14 years of age are entitled to a survivors' pension (except in the case of a child who is still at school or disabled). Since these provisions of the Convention provide that survivors' benefits shall be payable up to the age of 15 years, the Committee asks the Government to indicate the measures adopted or contemplated to ensure full application of the Convention on this point.

3. Part V (Standards to be complied with by periodical payments), Article 29. The Committee has noted with interest that in July 1989 (Decree No. 393) invalidity, old-age and survivors' pensions currently being paid were increased by some 40 per cent, and that old-age and invalidity pensions may in no case be less than 2,000 bolivares. However, the Committee asks the Government to be good enough to supply the data required in the report form on this Article of the Convention in order to be able to assess the real impact of the pension increases in relation to the evolution of the general level of earnings or the cost-of-living index. It also asks the Government to supply in each report information on any new increases made in this connection.

4. Part VI (Common provisions). (a) Article 32, paragraph 1(d) and (e). In its previous comments the Committee asked the Government to provide information on the practical application of section 160 of the General Regulations under the Social Insurance Act, which provides that a pension shall not be granted when the invalidity or partial incapacity is the result of a violation of the law, a crime or an offence against morals or decency. In this connection the Government states that it is the custom of the Venezuelan Social Insurance Institute (IVSS) not to interrupt or suspend benefit in the cases referred to. In the circumstances, the Committee supposes that the Government will have no difficulty in bringing the national law formally into conformity with practice and with the aforementioned provisions of the Convention, which do not authorize the suspension of benefits save where the contingency is due to a criminal offence or to the serious and wilful misconduct of the person concerned.

(b) Article 32, paragraph 2. In response to the Committee's previous comments, the Government states that Venezuelan law does not provide that, in the case of suspension of benefit, the appropriate part shall be paid to the dependants of the person concerned. In these circumstances, the Committee hopes that the Government will adopt the necessary measures to give effect to this provision of the Convention both in law and in practice.

5. Part VII (Miscellaneous provisions), Article 38, paragraph 2. With reference to the temporary exception provided for in paragraph 1 of this Article in the case of agricultural workers, the Government states that the inclusion of employees in the agricultural sector in the scheme established by the Social Insurance Act has not materialized. The Committee asks it to continue supplying in each of its forthcoming reports the information requested in paragraph 2 of this Article concerning the progress made with a view to the application of the Convention in the agricultural sector.

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

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.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Part II (Medical Care), Article 9, and Part VIII (Maternity Benefit), Article 48. In reply to the Committee's previous comments concerning the scope of the above two Parts of the Convention, the Government indicates that it has recourse to paragraph (a) of Articles 9 and 48. It also reports the creation of new medical centres and hospitals in the country. The Committee notes this information.

The Committee also notes the difficulties encountered by the Government in supplying the requested statistics. In this connection, it wishes to refer to paragraph 67 of its 1989 General Survey on Social Security Protection in Old-Age, in which it emphasises the following: "... However, international comparison is not the only purpose of compiling statistical information. An efficient system for gathering statistics is an invaluable and indispensable tool providing the national authorities with access to important information on the way in which their social security scheme operates in practice, enabling them to draw on their experience in the future. As regards coverage in particular, keeping statistics in this field should help social security bodies to verify whether all of the persons covered by social security legislation are in fact protected in practice ...". In view of the importance of this matter, the Committee therefore hopes that the Government will be able to overcome the difficulties that it has encountered and that it will be able to supply with its next report all the statistical information called for in the report form under Article 76, paragraph 1(b), of the Convention as regards both the total number of employees protected under each scheme and the total number of employees. It also requests the Government to report any progress achieved in the extension of the social security scheme to the various regions of the country.

Part II (Medical Care), Article 10, paragraph 1(a). The Committee once again requests the Government to supply copies of the internal regulations issued by the Governing Body of the Venezuelan Social Insurance Institute under section 119 of the General Regulations issued under the Social Insurance Act.

Part VIII (Maternity Benefit), Article 50 (in conjunction with Article 65). The Committee notes the Government's statement that it has recourse to Article 65 for the calculation of maternity benefits. In view of the fact that a ceiling is applied to the wages that are subject to contributions, the Committee hopes that the Government's next report will 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 standard beneficiary whose wage is equal to that of a skilled manual male employee, in accordance with paragraph 3 of Article 65. Please, in particular, supply the statistical information called for under Titles I and V, Article 65 of the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

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). The Government confirms in its report that it wishes to avail itself of Article 26 of the Convention for the purpose of calculating the various benefits; it supplies some statistical data on the number of pensions and the amount paid thereon according to type. The Committee finds that these data do not fully convey how these Articles of the Convention are applied. The Committee therefore hopes that the Government will be able to supply in its next report the statistical data required in the report form approved by the Governing Body under Article 26, Titles I to IV.

2. Part IV (Survivors' benefit), Article 21, paragraph 1 (in conjunction with Article 1, subparagraph (h), clause (i)). The Committee finds that, according to section 33 of the Social Security Act, single children under 14 years of age are entitled to a survivors' pension (except in the case of a child who is still at school or disabled). Since these provisions of the Convention provide that survivors' benefits shall be payable up to the age of 15 years, the Committee asks the Government to indicate the measures adopted or contemplated to ensure full application of the Convention on this point.

3. Part V (Standards to be complied with by periodical payments), Article 29. The Committee has noted with interest that in July 1989 (Decree No. 393) invalidity, old-age and survivors' pensions currently being paid were increased by some 40 per cent, and that old-age and invalidity pensions may in no case be less than 2,000 bolivares. However, the Committee asks the Government to be good enough to supply the data required in the report form on this Article of the Convention in order to be able to assess the real impact of the pension increases in relation to the evolution of the general level of earnings or the cost-of-living index. It also asks the Government to supply in each report information on any new increases made in this connection.

4. Part VI (Common provisions). (a) Article 32, paragraph 1(d) and (e). In its previous comments the Committee asked the Government to provide information on the practical application of section 160 of the General Regulations under the Social Insurance Act, which provides that a pension shall not be granted when the invalidity or partial incapacity is the result of a violation of the law, a crime or an offence against morals or decency. In this connection the Government states that it is the custom of the Venezuelan Social Insurance Institute (IVSS) not to interrupt or suspend benefit in the cases referred to. In the circumstances, the Committee supposes that the Government will have no difficulty in bringing the national law formally into conformity with practice and with the aforementioned provisions of the Convention, which do not authorize the suspension of benefits save where the contingency is due to a criminal offence or to the serious and wilful misconduct of the person concerned.

(b) Article 32, paragraph 2. In response to the Committee's previous comments, the Government states that Venezuelan law does not provide that, in the case of suspension of benefit, the appropriate part shall be paid to the dependants of the person concerned. In these circumstances, the Committee hopes that the Government will adopt the necessary measures to give effect to this provision of the Convention both in law and in practice.

5. Part VII (Miscellaneous provisions), Article 38, paragraph 2. With reference to the temporary exception provided for in paragraph 1 of this Article in the case of agricultural workers, the Government states that the inclusion of employees in the agricultural sector in the scheme established by the Social Insurance Act has not materialized. The Committee asks it to continue supplying in each of its forthcoming reports the information requested in paragraph 2 of this Article concerning the progress made with a view to the application of the Convention in the agricultural sector.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes the information supplied by the Government with reference to Article 18, paragraph 2, of the Convention. In addition the Committee wishes to draw the Government's attention to the following points and to receive additional information on them:

1. Article 4 of the Convention. In its previous comments, the Committee expressed the hope that it would be possible progressively to extend the social insurance scheme throughout the country so as to cover all employees, including apprentices, in the public and private sectors, including cooperatives, subject to any exceptions that might be made under Article 4, paragraph 2. In its report the Government refers in particular to the Act of 2 July 1986 concerning prevention, working conditions and the working environment. The Committee notes, however, that this Act, which applies to all workers with the exception of members of the national armed forces and the State security corps, does not extend the scope of the social security system but, according to the Government's report, lays down in section 33, subsection 2, the obligations of employers towards workers suffering an industrial accident who are not covered by social security. In that connection, the Committee is bound to observe that under that section 33, subsections 1 and 2, workers who suffer an industrial accident and their survivors are entitled only to compensation paid in a lump sum equivalent to a certain number of years' wages whereas under Article 9, paragraph 3, of the Convention, the benefits should be granted throughout the contingency. Furthermore the employer's obligations appear to be limited to cases which involve culpable behaviour on his or her part. The Committee considers that in these circumstances workers covered by section 33 of the aforementioned Act of 1986 cannot be taken into account for the purposes of Article 4 of the Convention.

Furthermore the Committee notes from the statistics supplied by the Government that in 1989 only 28 per cent of employees were covered by the social security system. In this connection, the Committee has noted the comments made by the Venezuelan Federation of Associations and Chambers of Commerce and Production (FEDECAMARAS) regarding Convention No. 130, which emphasise the slowness observed in extending social security to various parts of the country. The Committee consequently expresses the hope that the Government will be able to take the necessary measures to speed up the process of extending the social security system throughout the country, so as gradually to cover all workers protected by the Convention.

2. Article 7. The Committee has noted with interest from the Government's reply to its previous comments that the definition of an industrial accident given in section 32 of the Act of 2 July 1986, which uses the language of section 141 of the Labour Act of 1983, also includes commuting accidents. The Committee understands that this definition of industrial accidents is also taken into account for the purposes of compensation for industrial accidents under the social security system. The Committee would therefore be grateful if the Government would confirm that commuting accidents are indeed considered to be industrial accidents under the social insurance system, in particular for the calculation of invalidity and survivors' benefits (sections 16 and 34 of the Social Security Act of 1967). Please supply the text of all regulations or administrative provisions instituting such a practice and of all relevant judicial decisions.

3. Article 8. The Committee has noted the information supplied by the Government to the effect that the definition of occupational diseases given in section 28 of the Act of 2 July 1986 is wide enough to cover all the occupational diseases listed in schedule I annexed to the Convention. It would be grateful if the Government would indicate how the expression "occupational diseases" is construed within the social security system when a decision has to be taken concerning the application of sections 15, 16, 20, 22, 32 and 34 of the Social Security Act of 1967, which provide for the abolition of any requirement of a qualifying period for the acquisition of entitlement to benefit and special procedures for calculating the amount of benefit, particularly in the case of an occupational disease. Please state also whether there is a list of occupational diseases laid down for that purpose and, if so, supply the text of it.

4. Article 10, paragraph 1. In response to the Committee's comments, the Government refers to section 19, subsection 4, of the Act of 12 July 1986 which places the employer under an obligation to organise and manage medical services and labour safety bodies. While noting the information that appears to be more particularly concerned with preventive medicine, the Committee can only urge the Government once again to indicate the provisions in laws, regulations or administrative rules - other than sections 121 and 157 of the General Regulations under the Social Insurance Act - specifying the nature of the medical care thus provided. In particular, please supply the text of the internal rules issued by the Board under section 119 of the General Regulations under the Social Insurance Act.

5. Article 13; Article 14, paragraph 2; Article 18, paragraph 1 (in conjunction with Article 19). The Committee notes with interest that the ceiling placed on the reference wage for contributions and benefits has been raised from 3,000 bolivares to 15,000 bolivares. Furthermore the Committee understands that the Government wishes to have recourse to Article 19 for the purpose of comparing the amount of periodical benefits prescribed by national law with the minimum level prescribed by the Convention. In these circumstances, the Committee asks the Government to supply all the statistical information requested in the report form adopted by the Governing Body under Article 19. In particular it asks the Government to indicate the maximum amount of periodical benefits paid in the case of temporary incapacity, permanent disability and death of the breadwinner due to an industrial accident or an occupational disease and the wage of a skilled manual male employee selected in accordance with paragraph 6 or 7 of Article 19.

6. Article 18 (in conjunction with Article 1(e)(i)). The Committee notes that, under section 33 of the Social Security Act, single children under 14 years of age (except in the case of a child who is still at school or is disabled) are entitled to a survivors' pension. Since, under the aforementioned provisions of the Convention, the benefits to the deceased's dependent children are to be paid at least up to the age of 15 years, the Committee would be grateful if the Government would indicate the measures taken or contemplated to ensure full application of the Convention on this point.

7. Article 21. The Committee notes with interest that pursuant to section 196 of the Social Security Regulations, as amended, invalidity, disability and survivors' pensions in payment in particular have been increased by 40 per cent and that the minimum amount of old-age and invalidity benefit has been increased to 2,000 bolivares.

It would be grateful if the Government would continue to supply information on any new revaluation of pensions in payment to take into account the trend in the cost of living in accordance with the provisions of Article 21 of the Convention. Furthermore, in order to be able to assess the real impact of those increases, the Committee again asks the Government to supply with its next report all the statistical information requested in the report form under this Article of the Convention.

8. Article 22, paragraph 1(d) and (e). The Government states that the Venezuelan Social Security Institute has decided not to apply in practice section 160 of the Social Security Regulations, which suspends the payment of benefits where the invalidity or partial disability is caused by or due to a violation of the law, a crime or an offence against morality or decency. The Committee notes this information with interest. To avoid any ambiguity, the Committee would be grateful if the Government would take the necessary measures to embody this practice in the law also.

9. Article 22, paragraph 2. The Committee points out that, under this provision of the Convention, the obligation to allot part of the cash benefit to the dependants of the person concerned is not limited solely to the cases of suspension provided for in section 160 of the Social Security Act but also applies to the other cases of suspension provided for in Article 22, paragraph 1(a) to (g), of the Convention. It would be grateful if the Government would indicate in its next report the measures taken or contemplated to that effect.

10. The Committee again asks the Government to supply detailed information on the application of each Article of the Convention to civil servants and public employees.

11. Article 26. The Committee hopes that the Government's next report will not fail to supply detailed information in response to the comments made by the Single Central Organisation of Workers of Venezuela dated 14 June 1991.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee has taken note of the information supplied by the Government in its report. It notes with interest the information given on the application of Article 34, paragraph 2, of the Convention. It also notes that the reasons which obliged the Government to avail itself of the temporary exceptions provided for in Article 4, paragraph 1, of the Convention, to which Venezuela had recourse on ratifying the Convention, still exist.

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). The Government confirms in its report that it wishes to avail itself of Article 26 of the Convention for the purpose of calculating the various benefits; it supplies some statistical data on the number of pensions and the amount paid thereon according to type. The Committee finds that these data do not fully convey how these Articles of the Convention are applied. The Committee therefore hopes that the Government will be able to supply in its next report the statistical data required in the report form approved by the Governing Body under Article 26, Titles I to IV.

2. Part IV (Survivors' benefit), Article 21, paragraph 1 (in conjunction with Article 1, subparagraph (h), clause (i)). The Committee finds that, according to section 33 of the Social Security Act, single children under 14 years of age are entitled to a survivors' pension (except in the case of a child who is still at school or disabled). Since these provisions of the Convention provide that survivors' benefits shall be payable up to the age of 15 years, the Committee asks the Government to indicate the measures adopted or contemplated to ensure full application of the Convention on this point.

3. Part V (Standards to be complied with by periodical payments), Article 29. The Committee has noted with interest that in July 1989 (Decree No. 393) invalidity, old-age and survivors' pensions currently being paid were increased by some 40 per cent, and that old-age and invalidity pensions may in no case be less than 2,000 bolivares. However, the Committee asks the Government to be good enough to supply the data required in the report form on this Article of the Convention in order to be able to assess the real impact of the pension increases in relation to the evolution of the general level of earnings or the cost-of-living index. It also asks the Government to supply in each report information on any new increases made in this connection.

4. Part VI (Common provisions). (a) Article 32, paragraph 1(d) and (e). In its previous comments the Committee asked the Government to provide information on the practical application of section 160 of the General Regulations under the Social Insurance Act, which provides that a pension shall not be granted when the invalidity or partial incapacity is the result of a violation of the law, a crime or an offence against morals or decency. In this connection the Government states that it is the custom of the Venezuelan Social Insurance Institute (IVSS) not to interrupt or suspend benefit in the cases referred to. In the circumstances, the Committee supposes that the Government will have no difficulty in bringing the national law formally into conformity with practice and with the aforementioned provisions of the Convention, which do not authorise the suspension of benefits save where the contingency is due to a criminal offence or to the serious and wilful misconduct of the person concerned.

(b) Article 32, paragraph 2. In response to the Committee's previous comments, the Government states that Venezuelan law does not provide that, in the case of suspension of benefit, the appropriate part shall be paid to the dependants of the person concerned. In these circumstances, the Committee hopes that the Government will adopt the necessary measures to give effect to this provision of the Convention both in law and in practice.

5. Part VII (Miscellaneous provisions), Article 38, paragraph 2. With reference to the temporary exception provided for in paragraph 1 of this Article in the case of agricultural workers, the Government states that the inclusion of employees in the agricultural sector in the scheme established by the Social Insurance Act has not materialised. The Committee asks it to continue supplying in each of its forthcoming reports the information requested in paragraph 2 of this Article concerning the progress made with a view to the application of the Convention in the agricultural sector.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

1. Part II (Medical care), Article 10, and Part III (Sickness benefit), Article 19 of the Convention. With reference to its previous comments on the scope of the Convention, the Committee notes that, according to the statistics supplied by the Government, only 28 per cent of all employees were insured under the social security scheme in 1989. In this respect, the Committee notes the comments transmitted by the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) to the effect that, despite the measures adopted by the Government to improve the situation, the extension of social security, and particularly medical care, to the various regions of the country (and particularly the east coast of the State of Zulia) is slow. FEDECAMARAS also points out that beneficiaries frequently complain of major failings in the provision of benefits and on delays in payments. In these conditions, the Committee hopes that the Government will continue its endeavours to progressively extend the social security scheme to the whole of the country and all enterprises, and to improve its functioning. It also hopes that the Government will be able to supply information in its next report in this respect, including up-to-date statistics on the scope of the scheme.

2. Part II (Medical care), Article 13. With reference to the text of the internal rules that the Committee has requested, which were adopted by the Management Board of the Venezuelan Social Insurance Institute (IVSS), under section 119 of the General Regulations of the Social Insurance Act, the Government states that the above Board has adopted rules of various types, many of them through simple agreements that cover specific points or refer to special services. The Committee notes the Government's statement and once again requests it to supply the text of any specific rules or agreements adopted in relation to medical assistance which would enable it to assess the nature of the various medical benefits provided in accordance with Article 13 of the Convention.

3. Article 16, paragraph 1. With reference to its previous comments, the Committee notes that the Government confines itself to stating once again that it is the constant and established practice of the IVSS to provide medical assistance throughout the contingency, and that there is no body or mechanism to control the duration laid down in section 127 of the General Regulations of the Social Insurance Act. The Committee is therefore bound to repeat its request to the Government to provide the texts of any decisions, circulars or other administrative regulations of the IVSS on which this practice is based. Furthermore, it once again hopes that, when the General Regulations of the Social Insurance Act are next revised, the Government will be able to modify the content of section 127 to ensure that full effect is given in the legislation to this provision of the Convention.

4. Article 16, paragraphs 2 and 3. With reference to its previous comments, the Committee notes that the Government confines itself to referring to its previous statement that it is the established practice of the IVSS to continue to provide medical care where a beneficiary ceases to belong to one of the categories of persons protected when the sickness started while he or she still belonged to the said category. In these conditions, the Committee is bound to repeat its request to the Government to supply the text of any decisions, circulars or administrative regulations of the IVSS on which this practice is based.

5. Part III (Sickness benefits), Articles 21 and 22 (in conjunction with Article 1(h). The Committee notes with interest that in September 1989 the contributions ceiling was raised from 3,000 bolivares to 15,000 bolivares. However, since the information supplied by the Government does not enable it to assess the manner in which effect is given to these Articles of the Convention, the Committee once again requests it to confirm whether it has recourse to the provisions of Article 22 of the Convention to calculate sickness benefit. If so, the Committee requests the Government to supply statistical information in order to enable it to ascertain whether the amount of the sickness benefit attains the percentage prescribed by the Convention (60 per cent) for a standard beneficiary (a man with a wife and two children) whose wage is equal to that of a skilled manual male employee, in accordance with paragraph 3 of Article 22. Please provide, in particular, the statistical information called for under Titles I and II of article 22 of the report form adopted by the Governing Body.

6. Part IV (Common provisions), Article 28, paragraph 2). In reply to the Committee's previous comments, the Government confirms that, in practice, the IVSS does not suspend payment of benefits in the cases listed in Article 28, paragraph 1, of the Convention. The Committee notes the Government's statement. The Committee therefore supposes that the Government will have no difficulty in bringing the legislation into conformity with the Convention, either by repealing section 144 of the General Regulations, or by adopting a provision under which, in the event of the withdrawal or reduction of cash benefits for temporary incapacity, such benefits shall be paid to the dependants of the person concerned.

7. The Committee once again requests the Government to supply detailed information on the application of each Article of the Convention to public officials and employees.

8. With reference to the comments of the FEDECAMARAS, the Committee requests the Government to supply, in accordance with Point V of the report form approved by the Governing Body, information on the difficulties encountered in the application of the Convention and the measures that have been taken or are envisaged to resolve them.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Part II (Medical care), Article 10, and Part III (Sickness benefit), Article 19 of the Convention (Scope of application). The Committee notes the comments transmitted by the Venezuelan Federation of Chambers and Associations of Commerce and Production (FEDECAMARAS) on the extension of the social security scheme. It refers to its comments in a request that is being addressed directly to the Government.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. The Committee notes the information supplied by the Government in reply to its previous direct request concerning Part II (Medical Care), Article 10, paragraph 4, of the Convention, and Part VIII (Maternity Benefit), Article 49, paragraph 4.

2. Part II (Medical Care), Article 9, and Part VIII (Maternity Benefit), Article 48. In reply to the Committee's previous comments concerning the scope of the above two Parts of the Convention, the Government indicates that it has recourse to paragraph (a) of Articles 9 and 48. It also reports the creation of new medical centres and hospitals in the country. The Committee notes this information.

The Committee also notes the difficulties encountered by the Government in supplying the requested statistics. In this connection, it wishes to refer to paragraph 67 of its 1989 General Survey on Social Security Protection in Old-Age, in which it emphasises the following: "... However, international comparison is not the only purpose of compiling statistical information. An efficient system for gathering statistics is an invaluable and indispensable tool providing the national authorities with access to important information on the way in which their social security scheme operates in practice, enabling them to draw on their experience in the future. As regards coverage in particular, keeping statistics in this field should help social security bodies to verify whether all of the persons covered by social security legislation are in fact protected in practice ...". In view of the importance of this matter, the Committee therefore hopes that the Government will be able to overcome the difficulties that it has encountered and that it will be able to supply with its next report all the statistical information called for in the report form under Article 76, paragraph 1(b), of the Convention as regards both the total number of employees protected under each scheme and the total number of employees. It also requests the Government to report any progress achieved in the extension of the social security scheme to the various regions of the country.

3. Part II (Medical Care), Article 10, paragraph 1(a). The Committee once again requests the Government to supply copies of the internal regulations issued by the Governing Body of the Venezuelan Social Insurance Institute under section 119 of the General Regulations issued under the Social Insurance Act.

4. Part VIII (Maternity Benefit), Article 50 (in conjunction with Article 65). The Committee notes the Government's statement that it has recourse to Article 65 for the calculation of maternity benefits. In view of the fact that a ceiling is applied to the wages that are subject to contributions, the Committee hopes that the Government's next report will 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 standard beneficiary whose wage is equal to that of a skilled manual male employee, in accordance with paragraph 3 of Article 65. Please, in particular, supply the statistical information called for under Titles I and V, Article 65 of the report form adopted by the Governing Body.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on matters raised in its previous direct request, which read as follows:

1. Article 4 of the Convention. The Committee understands from the information supplied by the Government in its reports under both the present Convention and other social security Conventions, that the social insurance scheme has not yet been extended to all the regions of the country nor to all enterprises. In view of the fact that, in accordance with Article 4, paragraph 1, of the Convention, national legislation concerning employment injury benefits shall protect all employees, including apprentices, in the public and private sectors, including co-operatives, subject to the exceptions which may be made under Article 4, paragraph 2, the Committee hopes that it will be possible to progressively extend the social insurance scheme to the whole of the country. It would be grateful if the Government would indicate in its next report any progress achieved in this respect. Please also supply statistics on the number of protected employees (including public servants and public employees) and on the total number of all employees.

2. Article 7. The Committee notes the information concerning the definition of industrial accidents within the framework of the Labour Act. It requests the Government to supply information on the way in which industrial accidents are defined for the purposes of their compensation within the framework of the social insurance scheme, and to specify whether and under what conditions commuting accidents are included in this definition.

3. Article 8. Please indicate whether the term "occupational diseases", as employed by the Social Insurance Act and the regulations issued thereunder, is understood to cover all the diseases enumerated in Schedule I, appended to the present Convention.

4. Article 10, paragraph 1. The Committee would be grateful if the Government would specify the provisions in laws, regulations or administrative rules (other than sections 121 and 157 of the General Regulations of the Social Insurance Act) under which the medical care required by this Article of the Convention is provided. Please, in particular, supply the text of internal rules issued by the Board under section 119 of the General Regulations of the Social Insurance Act.

5. Article 13 (temporary incapacity), Article 14, paragraph 2 (total loss of earning capacity) and Article 18, paragraph 1 (death of the breadwinner) (in conjunction with Articles 19 and 20). The Government does not indicate whether recourse is had to Article 19 or Article 20 for the calculation of periodical benefits. In view of the fact that, according to the provisions of the social insurance legislation, the periodical benefits set out in the above Articles of the Convention are calculated on the basis of the worker's previous wage, the Government may wish to avail itself of Article 19 and, in particular, paragraph 3, thereof. In accordance with section 98 of the General Regulations of the Social Insurance Act, the amount of the wage on which contributions are payable is subject to a ceiling. The Committee would therefore be grateful if the Government would supply the statistics requested in the report form under Article 19.

6. Article 18, paragraph 2. Please indicate whether the amount of the funeral benefit, set at 500 bolivars under section 165 of the General Regulations of the Social Insurance Act, has been revised since the adoption of the Act so as to cover the normal cost of a funeral, in accordance with this provision of the Convention.

7. Article 21. The Committee would be grateful if the Government would supply the statistics requested in the report form under this Article of the Convention regarding the adjustment of benefits.

8. Article 22, paragraph 1(d) and (e). Section 160 of the General Regulations of the Social Insurance Act provide that a pension shall not be awarded where invalidity or partial disability is caused by or is due to a violation of the law, a crime or an offence against morality and decency, whereas the above provisions of the Convention only authorise the suspension of benefits where the contingency has been caused by a criminal offence, voluntary intoxication or the serious and wilful misconduct of the person concerned. The Committee would be grateful if the Government would supply information on the practical application of section 160 referred to above where this relates to the suspension of the benefit in the event of a violation of the law and offences against morality and decency.

9. Article 22, paragraph 2. Please indicate whether, and by virtue of which provisions, effect is given to this paragraph of Article 22, which establishes that part of the cash benefit otherwise due shall be paid to the dependants of the person concerned.

10. Finally, the Committee would be grateful if the Government would supply detailed information on the application of each Article of the Convention to civil servants and public employees.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments, the Committee notes the Government's report and the statistical data regarding Articles 9, paragraph 2(a), 16, paragraph 2(a), and 22, paragraph 2(a), of the Convention concerning the scope of insurance, taking into account the temporary exceptions to which Venezuela had recourse when ratifying the Convention. The Committee hopes that the Government will continue to supply such statistics in its future reports and that it will indicate at the same time, in accordance with Article 4, paragraph 2, of the Convention, whether the reasons that it put forward for having recourse to the above exceptions subsist or whether it envisages renouncing them.

The Committee also notes that the Government's report does not contain a reply to the other matters raised in its comments, which concerned the following provisions of the Convention.

1. Part II (Invalidity benefit), Article 10; Part III (Old-age benefit), Article 17; Part IV (Survivors' benefit), Article 23. The Government indicates in its report that it wishes to have recourse to Article 26 of the Convention for the calculation of the various benefits. The Committee notes this indication and requests the Government to supply in its next report the statistics requested by the report form on the Convention under Article 26, Titles I to IV.

2. Part V (Standards to be complied with by periodical payments), Article 29. The Committee hopes that the Government will be able to supply in each of its future reports the appropriate statistics requested in the report form under this Article of the Convention, which provides for the review of currently payable periodical payments following substantial changes in the general level of earnings or substantial changes in the cost of living.

3. Part VI (Common provisions). (a) Article 32, paragraph 1(d) and (e). Section 160 of the General Regulations of the Social Insurance Act provides that pensions shall not be granted when the invalidity or partial incapacity is a result of or due to a violation of the law, a crime or, an offence against morals or decency, whereas the above provisions of the Convention authorise the suspension of benefits only when the contingency has been caused by a criminal offence or wilful and serious misconduct on the part of the person concerned. The Committee would be grateful if the Government would provide information on the practical application of section 160 above, in so far as it relates to the suspension of benefits in the event of a violation of the law and offences against morals and decency.

(b) Article 32, paragraph 2. The Committee requests the Government to indicate how effect is given to the above provision of the Convention, under which, in the event of the suspension of benefits, part of the benefit otherwise due shall be paid to the dependants of the person concerned.

(c) Article 34, paragraph 2. The Committee requests the Government to indicate whether and under which provisions the claimant is entitled to be represented or assisted by a qualified person of his choice in the event of appeal in accordance with this provision of the Convention.

4. Part VII (Miscellaneous provisions), Article 38, paragraph 2. Since the Government has had recourse to the temporary exception provided for under paragraph 1 of this Article, with regard to agricultural workers, the Committee requests it to supply in each of its future reports the information requested in paragraph 2 of the above Article on the progress achieved regarding the possible application of the Convention to the agricultural sector.

The Committee hopes that the Government will not fail to supply the information requested above in its next report.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the information supplied by the Government. It wishes to draw the Government's attention to the following points and to receive further information on them.

1. Part II (Medicare care), Article 10, and Part III (Sickness Benefit), Article 19 of the Convention. In reply to the Committee's previous comments concerning the scope of the two above-mentioned parts of the Convention, the Government states that it has recourse to clause (a) of Articles 10 and 19. It also states that new medical and hospital establishments have been set up in the country. The Committee takes note of this information.

The Committee also notes the difficulties encountered by the Government in supplying the statistics requested. In this connection, it wishes to refer to paragraph 67 of its General Survey of 1989 on social security protection in old age, in which it stressed the following: "... However, international comparison is not the only purpose of compiling statistical information. An efficient system for gathering statistics is an invaluable and indispensable tool providing the national authorities with access to important information on the way in which the social security scheme operates in practice, enabling them to draw on their experience in the future. As regards coverage in particular, keeping statistics in this field should help social security bodies to verify whether all of the persons covered by social security legislation are in fact protected in practice." In view of the importance of this matter, the Committee hopes that the Government will be able to overcome the difficulties encountered and that, with its next report, it will be able to provide the statistical information required by the report form under these Articles of the Convention, concerning the number of employees protected under each scheme and the total number of employees. It also requests the Government to report on all progress made in extending the social security system to the various regions of the country.

2. Part II (Medical care), Article 13. The Committee again requests the Government to provide the text of the internal rules adopted by the Governing Body of the Venezuelan Social Insurance Institute in pursuance of section 119 of the General Regulations of the Social Insurance Act.

3. Part II (Medical care), Article 16, paragraph 1. The Committee notes with interest the Government's statement that it is the established practice of the Venezuelan Social Insurance Institute to provide medical assistance throughout the contingency without exercising any administrative control as regards the duration laid down by section 127 of the General Regulations of the Social Insurance Act. It requests the Government to provide the texts of any decisions, circulars or other administrative regulations of the Venezuelan Social Insurance Institute on which this practice is based. The Committee also hopes that, when the General Regulations of the Social Insurance Act are next revised, the Government will be able to modify the content of section 127 to ensure that full effect is given to this provision of the Convention also in the law.

4. Part II (Medical care), Article 16, paragraphs 2 and 3. The Committee notes the Government's statement that it is the established practice of the Venezuelan Social Insurance Institute to continue to provide medical care where a beneficiary ceases to belong to one of the categories of persons protected when the sickness started while he still belonged to the said category. The Committee would be grateful if the Government would provide the texts of any decisions, circulars or other administrative regulations of the Venezuelan Social Insurance Institute on which this practice is based.

5. Part III (Sickness benefits), Articles 21 and 22 (in conjunction with Article 1(h)). The Committee notes the Government's statement that recourse is had to the provisions of Article 22 of the Convention to calculate sickness benefit. As a ceiling is fixed for the wage that is subject to contributions, the Committee hopes that it will be possible for the next report to contain statistical information enabling it to ascertain whether the amount of the sickness benefit attains the percentage prescribed by the Convention (60 per cent) for a standard beneficiary (a man with a wife and two children) whose wage is equal to that of a skilled manual male employee in accordance with paragraph 3 of Article 22. Please provide, in particular, the statistical information called for under Titles I and II of Article 22 of the report form adopted by the Governing Body.

6. Part IV (Common provisions), Article 28, paragraph 2. In reply to the Committee's previous comments concerning this provision of the Convention which prescribes that part of the sickness benefit shall be paid to the dependants concerned in the event of suspension of the benefit, the Government indicates that, in practice, the Venezuelan Institute of Social Insurance does not suspend payment of the benefits in the cases listed in Article 28, paragraph 1, of the Convention. The Committee understands, therefore, that the provisions of section 144 of the General Regulations of the Social Insurance Act providing for the withdrawal or reduction of cash benefits for temporary incapacity are not applied in practice. It would be grateful if the Government would provide the texts of any decisions, circulars or other administrative regulations of the Venezuelan Social Insurance Institute that have been adopted to this end.

7. Lastly, the Committee again asks the Government to provide detailed information on the application of each Article of the Convention to public officials and employees.