Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Convention (n° 3) sur la protection de la maternité, 1919 - Venezuela (République bolivarienne du) (Ratification: 1944)

Articles 1 and 3(c) of the Convention (coverage of the social security scheme). (a) With reference to its earlier comments, the Committee notes the intention of the Government to restructure the social security scheme and the discussions now under way on the adoption of a framework law to reform social security which should improve coverage for working mothers. At the same time, it notes that, according to data provided by the Government, many regions are still not covered by the full social security scheme. Under these circumstances, the Committee is bound to remind the Government once again of the need to take the necessary measures to extend the social security scheme, in particular maternity benefits, to all workers in all regions of the country to ensure that all women workers employed in industrial or commercial undertakings, private or public, enjoy the benefits provided for by the Convention. Such measures would appear to be all the more necessary given that, according to the Government's information, the special resolution envisaged under section 11 of the Social Security Act, as amended in 1991, introducing substitute maternity benefits in localities that are not covered by the social security or free medical assistance schemes has not yet been adopted.

The Committee requests the Government to continue to provide statistics on the regions, whether covered by the social security scheme or not, with regard to maternity benefits. It would also like the Government to provide statistics on the number of women workers employed in industrial and commercial undertakings who are fully covered by the social security scheme in relation to the total number of these workers.

(b) The Committee notes with interest the adoption of Decree No. 3.325 of 13 January 1994, which extends medical and cash benefits for temporary incapacity to persons employed by the national authorities, the federal states, the federal district or the autonomous regions, and to juridical persons under public law. It also notes certain collective accords provided by the Government in response to the Committee's earlier comments, in particular the first collective agreement for public employees (framework agreement) under the terms of which the national public authorities are required to take out insurance for their employees for hospitalization, surgery and maternity.

Given that section 1 of Decree No. 3.325 mentioned above provides for the gradual extension of insurance for medical and cash benefits to the public sector, the Committee requests the Government to indicate whether all women employees in public sector industrial and commercial undertakings are now entitled, in accordance with the Convention, to the medical and cash benefits provided in cases of maternity by the Social Security Act.