Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Unemployment Provision Convention, 1934 (No. 44) - Peru (Ratification: 1962)

The Committee notes the report submitted by the Government in response to its previous observation, in which it had noted the lack of progress towards the implementation of an unemployment protection system, as provided for in the Convention.

In this regard, the Committee observes that, while the Government continues to refer, as it has done up until now, to the system of compensation on the basis of length of service (Presidential Decree No. 001-97-TR) and the existence of compensation for unjustified dismissal (Legislative Decree No. 728, approved by Presidential Decree No. 003-97-TR), which may not be considered as constituting an unemployment protection system in accordance with the requirements set forth in this Convention, it indicates that recent draft laws contain proposals for the creation of an unemployment insurance system. The Government adds, however, that it does not yet have all the necessary data on the subject and that a preparatory study is currently aimed at determining the sustainability of an unemployment insurance system. The report also indicates that the various draft laws on the subject will be examined with a view to achieving consensus between all the social actors concerned by an unemployment insurance system.

The Committee notes this information. It notes that, henceforth, the Government appears to be studying in depth the creation of an unemployment insurance system with a view to bringing its national legislation into line with the provisions of the Convention. The Committee recalls that it is now over 40 years since Peru ratified the Convention and hopes that the Government will keep it duly informed of the results of the current initiative and that it will spare no effort to ensure that the necessary actuarial studies are carried out in the very near future and to establish an unemployment insurance system in accordance with the Convention. In this regard, the Committee recalls that, in order to give effect to the provisions of the Convention, ratifying States must ensure a benefit or an allowance to persons who are involuntarily unemployed, by means of a scheme which may be a compulsory insurance scheme, or a voluntary insurance scheme, or a combination of compulsory and voluntary schemes, or any of these alternatives combined with a complementary assistance scheme (Article 1 of the Convention).