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

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

Article 3(c) of the Convention. The Committee notes with interest that under the terms of section 11 of the Social Security Act, insured women are entitled during their maternity leave to medical benefits and to a daily allowance not less than the women's wages for the month immediately preceding the start of the leave. The Committee requests the Government to indicate whether measures have been taken or are planned to bring the provisions of section 143 of the General Regulations under the Social Security Act into conformity with the provisions of the aforementioned section 11.

Article 4. With reference to its previous comments, the Committee understands from the Government's reply that despite the irremovability provided for under section 384 of the Organic Labour Law of 1990 with regard to women workers during pregnancy and for a period of one year following confinement, a woman can still be dismissed during her maternity leave for one of the reasons set out under section 102 of the same Law following notification of the labour inspector, in accordance with the procedure defined under Title VII, Chapter II, of the 1990 Law. Under these circumstances, the Committee is bound to recall that under the terms of Article 4 of the Convention, it is unlawful for the employer to give a woman worker notice of dismissal during her absence on maternity leave or at such a time that the notice would expire during such absence. It hopes that the Government's next report will contain information on measures taken or planned with a view to giving full effect to this provision.