Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Sickness Insurance (Sea) Convention, 1936 (No. 56) - Peru (Ratification: 1962)

With reference to its previous comments and to the observations made in December 1987 by the "Sindicato Marítimo de Tripulantes y Defensa en el Trabajo al Servicio de CPVSA" to the effect that insured workers could not receive medical treatment because of the non-payment of the financial contributions to the sickness insurance institutions by the enterprise "Compañia Peruana de Vapores SA", the Committee notes with interest the adoption of Directive No. 001-DNPS-IPSS-91 of 4 January 1991 which facilitates the provision of medical treatment in cases of emergency, providing in Point V.2 that the insured person is only required to present his latest pay slip in order to check his labour relationship and the fact that social security deductions have been made by the employer. In addition, point VI.1 of the above Directive contains a provision similar to that of section 34 of Legislative Decree No. 22482 of 27 March 1979, according to which all the costs incurred by the Peruvian Institute of Social Security (IPSS) in case of non-payment of the financial contributions by the employer shall be recovered from the employer by legal action. In view of the fact that said Directive No. 001-DNPS-IPSS-91 of 1991, and in particular its points II and V.2, is limited to "cases of emergency", the Committee hopes that the Government will indicate in its next report the measures taken or contemplated in order to ensure the full application in practice of Article 3, paragraph 1 of the Convention in all cases where the employer has not paid his financial contribution to the sickness insurance institution.

In addition, the Committee once again requests the Government to indicate the measures taken or contemplated in order to ensure that in practice employers (as well as workers) share in providing the financial resources of the sickness insurance scheme, in conformity with Article 8 of the Convention.