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.]