In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 102 (minimum standards), 121 (employment injury benefits), 128 (invalidity, old-age and survivors’ benefits) and 130 (medical care and sickness benefits) together.

The Committee notes the observations of the Independent Trade Union Alliance Confederation of Workers (ASI) on the application of Conventions Nos 102 and 130, received on 30 September 2020.

The Committee deeply regrets that the Government has not provided a detailed reply to the observations made by the ASI in 2011 and 2016 on the application of the Conventions. The Committee recalls that the ASI alleged: (1) that the legislation envisaged by the Basic Act on the Social Security System of 2002 (LOSSS), as partially reformed in 2012, generates legal inconsistencies due to the lack of clarity and of political will to implement the benefits system envisaged by the Act, resulting in an incomplete, uncoordinated and unequal system; and (2) the existence of procedural difficulties encountered by users of the social security system in asserting their rights before the courts, and particularly the Supreme Court of Justice (TSJ), which has provided contradictory indications concerning the development that should characterize the implementation of the fundamental right to social security, especially through procedural delays and reversals of case law. The Committee urges the Government to provide a detailed reply on this matter and emphasizes the importance of dialogue with the social partners on decisions relating to social security. The Committee also draws the Government’s attention to the new issues raised by the ASI in its 2020 observations (see Article 10 of Convention No. 102, Article 10 of Convention No. 121, Article 13 of Convention No. 130 and Articles 71(3) and 72(2) of Convention No. 102) and requests the Government to provide its comments in this regard.

Part II (Medical care), Article 10 of Convention No. 102, Article 10 of Convention No. 121 and Article 13 of Convention No. 130. Medical care benefits. With reference to its previous comments, the Committee notes the information provided by the Government on the network of health services at the various levels, and the number of medical treatment provided during the years 2016–18. The Committee also notes the ASI’s observations alleging that the current crisis in the country has resulted, among other consequences, in the exhaustion of medicines and basic products for the prevention and treatment of diseases, and lack of care for people with chronic conditions, nutrition problems, pregnant women and newborns, as well as the inadequate management of the COVID-19 pandemic. The Committee requests the Government to provide its comments in this regard and to indicate the manner in which it is ensured that medical care is accessible, under reasonable conditions, to all persons protected, as envisaged by Article 13 of Convention No. 130. With reference to Convention No. 121, the Committee once again requests the Government to provide information on the measures adopted or envisaged to explicitly provide in the relevant legislation for at least the medical care benefits enumerated in Article 10 of the Convention.

Article 16(1) of Convention No. 130. Provision of medical care throughout the contingency. The Committee notes the Government’s reply to its previous request concerning the duration of medical care for insured persons and their spouses and children, taking into account the limitation of 52 weeks set out in section 128 of the General Regulations of the Social Insurance Act. More specifically, the Committee notes the Government’s indication that, once this period has elapsed, the insured worker has to be reassessed to determine the state of incapacity, with a view to determining whether the temporary incapacity persists, whether it has ended, or whether it has become permanent, and that at all times the care and the worker’s income are maintained, in accordance with section 10 of the Social Insurance Act and section 128 of the General Regulations of the Social Insurance Act. The Committee also observes that, according to the information available on the website of the Venezuelan Social Insurance Institute (IVSS) referring to this legislation, in cases where the insured person in receipt of medical care for a long illness exhausts entitlement to medical care that person shall continue to receive such care on condition that there is a favourable medical opinion for that person’s recuperation. Recalling that Article 16(1) of the Convention requires the medical care, as specified in Article 10, to be provided also to the spouses and children of persons protected throughout the contingency, the Committee requests the Government to indicate the provisions of the national legislation which guarantee that all the children and spouses of insured workers shall receive the medical care required by the Convention for as long as necessary.

Articles 10 and 19, in conjunction with Article 5, and Articles 13 and 16(2) and (3) of Convention No. 130. Protected persons and legislation respecting medical care. The Committee notes the information provided by the Government in reply to its previous comments concerning Articles 10 and 19 of Convention No. 130, in conjunction with Article 5, on the protection of the spouses of salaried employees and their dependants, or 75 per cent of the economically active population and their dependants. The Committee also notes the information provided by the Government in reply to its previous requests concerning Articles 13 and 16(2) and (3) of the Convention on the need to provide copies of the laws and regulations specifying the medical care provided to persons protected, and regulating the practice of the continued provision of medical care in cases of sickness when the beneficiary is no longer in the category of persons protected.

Article 22, in conjunction with Article 1(h) of Convention No. 130, Articles 13, 14(2) and 18(1), in conjunction with Article 19 of Convention No. 121, and Articles 10, 17 and 23, in conjunction with Article 26 of Convention No. 128. Level of cash benefits. The Committee takes due note of the information provided by the Government on the level of cash sickness benefits (Convention No. 130) and employment injury benefits (Convention No. 121). With reference to the invalidity, old-age and survivors’ benefits envisaged in Convention No. 128, the Committee notes the information provided and requests the Government to provide information on the application of Articles 10, 17 and 23, in conjunction with Article 26, on the level of invalidity, old-age and survivors’ benefits for a standard beneficiary as determined by the Convention.

Articles 4, 7, 8 and 18, in conjunction with Article 1(e)(i) of Convention No. 121. The Committee notes the information provided by the Government in reply to its previous requests concerning Article 4 (coverage), Article 7 (conditions under which a commuting accident is considered to be an industrial accident), Article 8 (list of occupational diseases) and Article 18, in conjunction with Article 1(e)(i) (age of dependent children) of Convention No. 121.

Article 21 of Convention No. 121 and Article 29 of Convention No. 128. Review of the rates of cash benefits. Statistical data. In its previous comments, the Committee drew the Government’s attention to the need to provide the statistical data required by the report form to be able to assess the real impact of the readjustment of pensions and other long-term cash benefits, taking into account changes in the general level of earnings or fluctuations in the cost of living. The Committee once again requests the Government to provide the specific statistical data necessary to assess the application of Article 21 of Convention No. 121 and Article 29 of Convention No. 128.

Article 22(1)(d)(e) and (2) of Convention No. 121 and Article 32(1)(d)(e) and (2) of Convention No. 128. Reasons for the suspension of benefits. With reference to its previous comments on the need to amend section 160 of the General Regulations of the Social Insurance Act of 1989, as partially modified in 2012, under the terms of which the pension shall not be granted when the contingency (invalidity or partial incapacity) is due to a violation of the law or an offence against morals or decency, the Committee notes the Government’s indication that it intends to refer the amendment indicated previously formally for assessment through the normal channels and corresponding bodies. The Committee notes that the Government makes the same reply in relation to the need to provide that, when benefits are suspended, a proportion shall be provided to the dependants of the beneficiary. The Committee requests the Government to indicate any measures adopted or envisaged to bring the national legislation into conformity with the provisions respecting the suspension of benefits contained in Article 22 of Convention No. 121 and Article 32 of Convention No. 128.

Article 21(1), in conjunction with Article 1(h)(i) of Convention No. 128. Age of children for entitlement to cash benefits in the event of the death of the breadwinner. With regard to the need, as indicated in its previous comments, to amend section 33 of the Social Insurance Act to raise from 14 to 15 years the age up to which children shall be entitled to a survivors’ pension, the Committee notes the Government’s indication that the Committee’s comments will be taken into account when the Social Insurance Act is updated. The Committee firmly hopes that the appropriate measures will be taken, without further delay, to bring the legislation into conformity with the requirements of Article 21(1) of Convention No. 128 and requests the Government to provide information on any measures adopted or envisaged in this regard.

Article 38(2) and (3) of Convention No. 128. Agricultural sector. In its previous comments, the Committee requested the Government to report any increase in the number of employees in agriculture protected under the Convention. The Committee regrets to note that the Government has not provided this information and recalls that Article 38(2) of Convention No. 128 requires each Member which has made a declaration temporarily excluding from the application of the Convention employees in the agricultural sector to indicate in its reports on the application of the Convention any progress which may have been made in this respect or, where there is no change to report, furnish all the appropriate explanations, and that paragraph 3 sets out the requirement to increase the number of employees protected in the agricultural sector to the extent and with the speed that circumstances permit. The Committee once again requests the Government to indicate any increase in the number of employees in the agricultural sector protected by the Convention.

Articles 71(3) and 72(2) of Convention No. 102. General responsibility of the State for the due provision of benefits and for the proper administration of social security institutions and services. With reference to its previous comments on the transition to a reformed social security system based on sound principles of good governance and social dialogue, the Committee notes the Government’s indication concerning the holding in 2017 of a National Constituent Assembly, to which were invited all the sectors and social partners related to, affected or influenced by the legislative changes respecting each of the subjects covered. The Committee also notes the information provided by the Government on the difficulties encountered in maintaining the level of wages and the purchasing power of workers and their families, and the access of the population to essential goods and services during the current economic and social crisis aggravated by the economic and commercial blockade suffered by the country. The Committee further notes the allegations by the ASI in its observations that for the past four years the country has been beset by a large-scale and complex humanitarian emergency, which is compounded by the severe failings of the hospital and health system, giving rise to the need for international assistance and cooperation, as well as, among other matters, the abandonment of certain adult care centres, which became critical in 2019. The Committee also notes the ASI’s allegations on problems relating to good practices in the transparency, control and monitoring of the management of certain cash benefits and social programmes. The ASI emphasizes the urgency of giving effect to the LOSSS, the implementation of which would lead to an improvement in the quality of life as a central priority of social policy. Taking into account the information provided by the Government on the difficulties that are being experienced, the Committee requests it to make every effort to guarantee the provision of medical care and cash benefits to persons protected in the current context, in accordance with the provisions of Article 71(3) of Convention No. 102. The Committee requests the Government to inform it of any measures adopted or envisaged in this regard. The Committee also requests the Government to provide its comments on the ASI’s observations relating to the governance of social security institutions and services.