Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments, the Committee notes the Government's report and the statistical data regarding Articles 9, paragraph 2(a), 16, paragraph 2(a), and 22, paragraph 2(a), of the Convention concerning the scope of insurance, taking into account the temporary exceptions to which Venezuela had recourse when ratifying the Convention. The Committee hopes that the Government will continue to supply such statistics in its future reports and that it will indicate at the same time, in accordance with Article 4, paragraph 2, of the Convention, whether the reasons that it put forward for having recourse to the above exceptions subsist or whether it envisages renouncing them.

The Committee also notes that the Government's report does not contain a reply to the other matters raised in its comments, which concerned the following provisions of the Convention.

1. Part II (Invalidity benefit), Article 10; Part III (Old-age benefit), Article 17; Part IV (Survivors' benefit), Article 23. The Government indicates in its report that it wishes to have recourse to Article 26 of the Convention for the calculation of the various benefits. The Committee notes this indication and requests the Government to supply in its next report the statistics requested by the report form on the Convention under Article 26, Titles I to IV.

2. Part V (Standards to be complied with by periodical payments), Article 29. The Committee hopes that the Government will be able to supply in each of its future reports the appropriate statistics requested in the report form under this Article of the Convention, which provides for the review of currently payable periodical payments following substantial changes in the general level of earnings or substantial changes in the cost of living.

3. Part VI (Common provisions). (a) Article 32, paragraph 1(d) and (e). Section 160 of the General Regulations of the Social Insurance Act provides that pensions shall not be granted when the invalidity or partial incapacity is a result of or due to a violation of the law, a crime or, an offence against morals or decency, whereas the above provisions of the Convention authorise the suspension of benefits only when the contingency has been caused by a criminal offence or wilful and serious misconduct on the part of the person concerned. The Committee would be grateful if the Government would provide information on the practical application of section 160 above, in so far as it relates to the suspension of benefits in the event of a violation of the law and offences against morals and decency.

(b) Article 32, paragraph 2. The Committee requests the Government to indicate how effect is given to the above provision of the Convention, under which, in the event of the suspension of benefits, part of the benefit otherwise due shall be paid to the dependants of the person concerned.

(c) Article 34, paragraph 2. The Committee requests the Government to indicate whether and under which provisions the claimant is entitled to be represented or assisted by a qualified person of his choice in the event of appeal in accordance with this provision of the Convention.

4. Part VII (Miscellaneous provisions), Article 38, paragraph 2. Since the Government has had recourse to the temporary exception provided for under paragraph 1 of this Article, with regard to agricultural workers, the Committee requests it to supply in each of its future reports the information requested in paragraph 2 of the above Article on the progress achieved regarding the possible application of the Convention to the agricultural sector.

The Committee hopes that the Government will not fail to supply the information requested above in its next report.