Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

Articles 1 and 2 of the Convention. Cash benefits under compulsory sickness insurance scheme. The Government reports on the restructuring of the crisis-struck Fishers’ Social Benefits and Social Security Fund (CBSSP), which has resulted in the medical benefits being transferred to the Social Health Insurance, whereas the payment of cash benefits to fishers affiliated to the CBSSP is directly assumed by the employers. While being aware of the difficulties encountered by the CBSSP, the Committee recalls that the Convention requires that seafarers shall be affiliated to a compulsory sickness insurance scheme, under which, if rendered incapable of work and deprived of wages by reason of sickness, the seafarers shall be entitled to cash benefits, which may be withheld only in the cases enumerated in Article 2, paragraph 4. The Committee therefore hopes that the arrangement, according to which the payment of cash benefits is directly assumed by the employers, is only of a provisional nature, and requests the Government to take the necessary measures to ensure that compliance with the requirements of the Convention is re-established. In the meantime, the Committee requests the Government to: (i) provide information on the foreseen duration of the arrangements according to which the cash benefits are paid by the employer; (ii) specify how it ensures that the sickness insurance steps in, if the employer fails to pay the cash benefits; and (iii) indicate by what means it ensures that the payment of cash benefits for the minimum period of the first 26 weeks of incapacity as guaranteed by the Convention is, under all circumstances, maintained in practice. Please provide information on any court rulings concerning the non-payment of cash benefits during the prescribed minimum period of 26 weeks of incapacity.

Article 4, paragraph (1). Payment to the family of cash benefit to which a seafarer would have been entitled if not abroad. In its previous comments, the Committee noted the information supplied by the Government regarding the possibility for a person who is abroad to authorize a third person to act on his or her behalf in Peru, in particular with the social security institutions. The Committee considered, however, 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, i.e. unconditionally, to the insured person’s family of 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 states that it has requested the relevant information concerning the rights of the family members of seafarers from the General Directorate for Harbour Masters and Coast Guards and from the CBSSP and that it will forward the reply as soon as received. The Committee reiterates its request to the Government to re-examine the question and to indicate in its next report the measures taken or envisaged to ensure the unconditional payment to the seafarer’s family of whole or part of the cash benefit to which the seafarer would have been entitled had he or she not been abroad, thus giving effect to this provision of the Convention. 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.

Part IV of the report form. The Committee notes the information provided by the Government in response to its previous comment requesting details on the results of inspections performed pursuant to communication No. 0170-2007-MTPE/2/11.4 of 23 March 2007, and on the penalties applied. It invites the Government to continue supplying information on action taken to supervise and enforce the application of the national legislation implementing the Convention.

The Government further supplies information concerning the Ministerial Conference of OLDEPESCA of June 2008 in Lima, where members pledged to take measures to improve the quality of life of fishers in the region. In this context, the Committee wishes to recall the earlier suggestion made by the Trade Union of Fishing Boat Owners and Skippers of the Region of Puerto Supe to organize a national round table to find solutions to the problems of social security, health and industrial injury for workers in the industrial maritime fishing sector. It asks the Government once again to indicate whether it would envisage convening a round table at national level to address social security issues in maritime fishing.

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