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.]