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.