Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (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.