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Maternity Protection Convention, 1919 (No. 3) - Venezuela (Bolivarian Republic of) (RATIFICATION: 1944)

With reference to its observation, the Committee draws the Government’s attention to the following points.

Article 3(c) of the Convention. The Committee once again requests the Government to indicate in its next report the regulations issued under sections 64 and 67 of the Organic Act on the social security system establishing the legal framework for maternity cash benefits and determining, among other matters, the amount of such benefits and the period during which they shall be paid.

Article 4. With reference to the Committee’s previous comments, the Government reiterates that section 384 of the Organic Labour Act prevents any dismissal during the period of maternity leave. The Committee takes due note of this information. However, it notes that the above provision of the Organic Labour Act, although establishing the   in employment of women during their pregnancy and for one year following confinement, authorizes termination of employment during this period, with the prior agreement of the labour inspectorate, on one of the grounds enumerated in section 102 of the Act. The Committee once again hopes that, in order to avoid any ambiguity, the necessary measures will be taken to clarify the provisions of section 384 of the Organic Labour Act so as to explicitly prohibit an employer from giving a woman worker notice of dismissal while she is absent from work on maternity leave, or at such time that the notice would expire during such absence. The Committee would also be grateful if the Government would indicate whether, in practice, the labour inspectorate has been requested to authorize the dismissal of women workers during the protected period.