Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee takes note of the information sent by the Government in reply to earlier observations from the Trade Union of Fishing Boat Owners of Puerto Supe and Associates. It notes, however, that the Government has still not stated whether it is ready to convene a round table to address social security problems in maritime fishing.

The Committee notes with interest the adoption of Supreme Decree No. 003‑2007-PRODUCE of 2 February 2007 and communication No. 0170‑2007‑MTPE/2/11.4 of 23 March 2007 requesting inspections of Puerto Supe fishing enterprises and of those appearing in the SUNAT database. The Committee requests the Government to provide information on the outcome of inspections conducted pursuant to the communication of 23 March 2007, and on any penalties imposed.

Furthermore, it draws the Government’s attention to the points raised in its observation of 2006 for which a report is expected in 2008.

Article 4(1) of the Convention. Payment to the seafarer’s family of the whole or part of the cash benefit to which he or she would have been entitled had he or she not been abroad. In its previous comments, the Committee noted the information supplied by the Government regarding the possibility for a person who is abroad to be represented in order to authorize a third person to act on his or her behalf in Peru, in particular with the social security institutions. The Committee nevertheless considered that this procedure was not of a nature to give full effect to Article 4 of the Convention in that the Article requires the payment, as of right, that is, unconditionally, to the insured person’s family of the whole or part of the sickness benefit when the insured person is abroad and has lost the right to wages. In its latest report, the Government refers once again to the procedure for representation set out in the Civil Code without indicating whether measures have been taken or are envisaged to give effect to this provision of the Convention. The Committee therefore reiterates its request to the Government to re-examine the question and hopes that it will be in a position to inform the Committee in its next report of measures taken in this respect. Please also provide the information requested previously in regard to the benefits paid in practice to the families of insured persons who are abroad and have lost their right to wages.

The Committee raises other matters in a request addressed directly to the Government.

[The Government is asked to reply in detail to the present comments in 2008.]