As one more threat to the private sector and in the desperate search for money, the Venezuelan dictatorship intends to create a law that makes private companies pay 15% of their payroll to a pension fund administered by the Seniat.
That money will never be used for pensions and will magically disappear from the government’s coffers as they have done with all the money that has been stolen, including the $23 billion that Tarek El Aissami stole with the consent of the Maduro dictatorship.
Here is part of the text of the new law.
LAW FOR THE PROTECTION OF SOCIAL SECURITY PENSIONS AGAINST THE IMPERIALIST BLOCKADE
STATEMENT OF MOTIVES
The Constitution of the Bolivarian Republic of Venezuela, in its article 86, recognizes the right of every person to social security as a non-profit public service that guarantees health and ensures protection in contingencies of maternity, paternity, illness, disability, catastrophic illnesses, disabilities, special needs, occupational risks, loss of employment, unemployment, old age, widowhood, orphanhood, housing, burdens derived from family life and any other social security circumstance.
To guarantee the effectiveness of this right, the Constitution orders the creation of a universal, comprehensive social security system, with solidarity, unitary, efficient and participatory financing, with direct or indirect contributions, in which the absence of contributory capacity is not a reason. to exclude people from its protection.
Additionally, the Constitutional Text establishes a floor or minimum value for old-age pensions, which in no case may be lower than the national urban minimum wage. With this, the Constitution protects the rights of older adults and guarantees their dignity, autonomy and quality of life.
In compliance with the provisions of the Constitution, the National Executive has built a social security system that has made it possible to achieve the universality of old-age pensions, marking a clear contrast with the exclusionary model that characterized the Fourth Republic.
In fact, before 1999 only 350 thousand people were beneficiaries of the old-age pension. That is, only 19.6% of the population of pension age enjoyed that right. On the other hand, currently more than 5.5 million people receive old-age pensions, reaching 100% coverage.
Now, as a result of the multiform aggression promoted by the government of the United States of America (USA), since at least 2014, Venezuela’s social security system has been
significantly affected, as are the vast majority of the social rights of the Venezuelan population. As the Special Rapporteur on the negative repercussions of unilateral coercive measures on the enjoyment of human rights noted in 2021, after visiting the country, the so-called “sanctions” have had a “devastating effect” on the human rights of the Venezuelan people.
Indeed, the more than 930 unilateral coercive measures adopted illegally and illegitimately against the country have reduced the State’s capabilities to obtain financial resources, goods and services required to fully satisfy the main needs of its inhabitants, as well as to ensure the proper functioning of the institutions in charge of guaranteeing human rights.
As a result of unilateral coercive measures, national income was reduced by up to 99%. In addition, there are billions of dollars belonging to the Venezuelan people illegally retained in the international financial system and the country has been stripped of assets located abroad valued at more than 30 billion dollars.
Faced with this scenario of aggression, the Venezuelan State has launched a set of initiatives aimed at progressively recovering national income, making the most of the country’s economic potential. Among these initiatives, the Recovery, Growth and Economic Prosperity Program that began in 2018 stands out with the activation of various national productive sectors or engines.
However, the magnitude of the aggression and the damage caused to the population makes it necessary to call for the co-responsibility of the national economic sectors, to accelerate the restoration of the social protection scheme that Venezuela managed to conquer before the start of unilateral coercive measures.
In this context, the bill presented for consideration by the National Assembly aims to establish additional mechanisms aimed at protecting social security pensions against the negative impact caused by coercive measures.
unilateral and other restrictive or punitive measures adopted against the country.
The bill is made up of thirteen (13) articles, grouped into two (2) chapters.
The first chapter establishes the general provisions, including the purposes, principles and interpretation criteria. In this chapter, a provision stands out that ratifies the illegal and illegal nature of any unilateral coercive measure and any other restrictive or punitive measure, dictated or implemented extraterritorially against the Bolivarian Republic of Venezuela and its population, as provided for in the Anti-Blockade Constitutional Law for the National Development and the Guarantee of Human Rights.
The second chapter creates and regulates a special contribution applicable to private legal entities, domiciled or not in the Republic, that carry out economic activities in the national territory. With this contribution, the State will be able to receive additional financial resources that will allow increasing the amount of social security pensions, significantly affected by the perverse effects of unilateral coercive measures.
This special contribution is based on the general duty to contribute to public expenses, included in article 133 of the Constitutional Text, and is constructed in accordance with the principles of solidarity, equality, social responsibility, legality, contributory capacity, progressivity, equity. , non-retroactivity and non-confiscation
The project concludes with a final provision related to its entry into force, as of its publication in the Official Gazette of the Bolivarian Republic of Venezuela.
LAW FOR THE PROTECTION OF SOCIAL SECURITY PENSIONS AGAINST THE IMPERIALIST BLOCKADE
CHAPTER I GENERAL PROVISIONS
Object Article 1. This Law aims to establish mechanisms aimed at protecting social security pensions against the negative impact caused by unilateral coercive measures and others.
restrictive or punitive measures adopted against the country.
For the purposes of this Law, social security pensions are understood to be the monetary benefits for old age, disability and survival provided for in the special law that regulates social security.
Purpose
Article 2. This Law aims to:
Mitigate the negative impact of unilateral coercive measures and other restrictive or punitive measures on the social security pensions of the Venezuelan people. Promote the establishment of an income level for holders of social security pensions that allows them to live with dignity and cover the material, social and intellectual needs for themselves and their family. Promote the fair distribution of wealth, derived from work as a social fact, to satisfy the material, intellectual and spiritual needs of the population. Contribute to the harmonious development of the national economy, raise the standard of living of the population and strengthen the economic sovereignty of the country.
Harmful and irritating nature of unilateral coercive measures
Article 3. Unilateral coercive measures and other restrictive or punitive measures dictated or implemented extraterritorially against the Bolivarian Republic of Venezuela and its population constitute a violation of the right to a social security pension that allows them to live with dignity and cover for themselves and their family the basic material, social and intellectual needs.
Any unilateral coercive measure and any other restrictive or punitive measure, dictated or implemented extraterritorially against the Bolivarian Republic of Venezuela and its population, is declared void and illegal.
Principles Article 4. This Law is governed by the principles of defense and development of the person, respect for dignity, productivity, social justice, solidarity, equality, social responsibility, legality, contributory capacity, progressivity, equity, non-retroactivity and non-confiscation
Public order and principle of interpretation Article 5. The provisions of this Law are public order. In case of doubts in its interpretation, the one that most favors the protection of the people’s social security pensions will be adopted.
Venezuelan.
CHAPTER II
SPECIAL CONTRIBUTION FOR THE PROTECTION OF PENSIONS
Special contribution Article 6. A special contribution is created for private legal entities, domiciled or not in the Republic, that carry out economic activities in the national territory, intended to contribute to the special protection of the social security pensions of the Venezuelan people. in the face of the perverse effects of unilateral coercive measures imposed extraterritorially against the
Bolivarian Republic of Venezuela.
Amount of the contribution Article 7. The amount of the special contribution provided for in this Law for private legal entities, domiciled or not in the Republic, that carry out economic activities in the national territory, will be up to fifteen percent (15 %) of the total payments made to workers for salaries and non-salary bonuses.
In no case will the basis for calculating payments made to workers be less than the minimum comprehensive income defined by the National Executive.
The President of the Republic will establish annually the corresponding percentage of the special contribution, according to the type or class of economic activity.
Exemptions Article 8. The President of the Republic may exempt, totally or partially, certain categories of special taxpayers and strategic sectors for foreign investment and national development from payment of the special contribution provided for in this Law. The decree that declares the exoneration must regulate the
terms and conditions thereof.
Collection Article 9. The special contribution provided for in this Law will be declared and paid monthly. The National Integrated Customs and Tax Administration Service is responsible for collecting said
special contribution.
The declaration and payment of the special contribution must be made in the place, form and conditions established by the National Tax Administration, through a general Administrative Ruling.
Deductibility Article 10. The special contribution provided for in this Law will be
deductible of the expense for the calculation of Income Tax.
Independence of contributions to social security Article 11. The special contribution referred to in this Law is different and independent from the contributions that employers must make to the Venezuelan Institute of Social Security, in accordance with the law that regulates The matter. Default interest Article 12. Failure to pay the special contribution within the established period gives rise, by operation of law and without the need for a prior request from the Tax Administration, to the obligation to pay default interest, in accordance with the provisions of the Constituent Decree. through which the Organic Code is dictated
Tax.
Sanctions Article 13. Failure to comply with the obligations established in this Law will be sanctioned in accordance with the provisions of the Decree.
Constituent by which the Organic Tax Code is dictated
FINAL DISPOSITION
Only. This Law will come into force upon its publication in the Official Gazette of the Bolivarian Republic of Venezuela.