Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes certain information provided by the Government on the application in practice of the Convention. It also notes the adoption in 1997 of the Social Security Modernization Act (No. 26790), which repeals Legislative Decree No. 22482 on which the Committee had commented previously. The Committee notes that, according to the Government's information, the new legislation provides for the involvement of the private sector in health care. The social health insurance system is now complemented by health plans and programmes provided by Health Care Providers (EPS). These may be public or private companies or institutions distinct from the Peruvian Institute of Social Security (IPSS) and their sole purpose is to provide health care, using their own or third-party facilities, under the supervision of the EPS supervisory body.

The Committee notes that Act No. 26790 introduces fundamental changes into the health-care system. Furthermore, it is the Committee's understanding that the new legislation also applies to persons employed on Peruvian ships. The Committee therefore requests the Government to provide detailed information, in accordance with the report form, on the effect of the new legislation and national practice on the application of each of the Articles of the Convention and in particular Article 1 (scope), Article 4 (payment to the seafarer's family of the sickness cash benefits to which he would have been entitled had he not been abroad), Article 6 (funeral expenses) and Article 7 (continuation of insurance benefit after the termination of engagement).

The Government is also requested to consider the Committee's comments concerning Convention No. 24.