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.