Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the additional information supplied by the Government concerning the comments transmitted by the Trade Union of Fishing Boat Owner-Masters of Puerto Supe in May 1999 and January and March 2000 concerning the operational difficulties of the system of supplementary occupational risks insurance (SCTR) envisaged under the Social Security Modernization Act No. 26790 in the area of health. The Committee refers in this respect to its observation under Convention No. 55.

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention (scope of application). The Committee notes that seafarers are covered by Act No. 26790, and the pertinent regulations. In accordance with section 3 of the above Act, and of section 4(b) of Act No. 27056 establishing the Social Security Health System (ESSALUD), persons considered to be seafarers are regularly insured. Furthermore, under Act No. 27177 of 25 September 1999, fishermen are included in ESSALUD. The Committee requests the Government to provide statistical information on the number of persons considered to be seafarers, and on the number of persons in this sector covered and affiliated to ESSALUD.

Article 4 (payment to the family of the seafarer of sickness benefit to which he would have been entitled had he not been abroad). In addition to the legislative provisions respecting the subsidy for temporary incapacity, the Government indicates that in the event that the insured person is abroad and would have been entitled to cash benefit in respect of sickness, Peruvian legislation provides for the possibility of family members or other persons to receive the benefit when duly accredited to do so. The Committee notes this information. It recalls that the cash benefit envisaged by this provision of the Convention has to be provided without any restriction to the family of the insured person. It requests the Government to indicate the provisions of the legislation to which it is referring. It also requests the Government to provide information on the cash benefits paid to the families of insured persons.

Article 6 (funeral benefit). The Committee notes that section 18 of Supreme Decree No. 009-97-SA establishes that the funeral benefit covers the funeral services for the death of a regular insured person, whether active or retired.

Article 7 (continuation of the right to insurance benefit after the termination of the engagement). The Committee notes that, under section 37 of Supreme Decree No. 009-97-SA, as amended by Supreme Decree No. 004 2000 TR, in the event of unemployment or the full suspension of activity resulting in the loss of entitlement to coverage, regular insured persons with a minimum of five months of contributions, whether or not they are consecutive, during the three years prior to the cessation or full suspension of activity, are entitled to the medical benefits envisaged in sections 11 and 12 of the above Decree to the level of two months of coverage for every five months of contributions. The Committee requests the Government to indicate whether the period of coverage covers the normal interval between successive engagements.

[The Government is asked to report in detail in 2002.]