Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) - Peru (Ratification: 1962)

Extension of coverage of agricultural workers. Referring to its 2011 integrated comment on the Social Security (Minimum Standard) Convention, 1952 (No. 102), the Committee notes the information supplied by the Government regarding protection against employment injuries. The Government indicates in its report that, in accordance with Act No. 26790 of 15 May 1997 on the modernization of social security and health and its implementing regulation, regular affiliates of the Social Health Insurance (SSS) employed in a series of occupational activities benefit from additional coverage under the Complementary Insurance for Hazardous Work (SCTR); the list of activities covered by the SCTR being established by Annex V of Supreme Decree No. 009–97–SA promulgating the above Act. In June 2011, after a comprehensive analysis, a multisectoral technical committee proposed to extend the list of activities covered by the SCTR with a view to including additional economic activities comprising, inter alia, a certain number of agricultural activities. The Committee notes with interest the fact that this initiative would have the effect of subjecting to the SCTR some major agricultural activities such as livestock and cereals farming, together with industrial activities. It requests the Government to indicate whether the proposed amendment was adopted and whether there are plans to further extend coverage against employment injuries to other categories of agricultural and industrial workers with a view to progressively ensuring comprehensive coverage.

Equality of treatment between agricultural and other workers in case of employment injury. According to section 9 of Act No. 27360 of 30 October 2000 on the promotion of the agricultural sector, workers in this sector are entitled to benefits under health insurance provided they have contributed three consecutive months or four non-consecutive months during the last 12 calendar months which preceded that during which the contingency occurred; in case of accident as long as affiliation subsists. The Committee asks the Government to clarify whether this qualifying period is applied in case of occupational accident affecting agricultural workers and, if so, to indicate whether industrial workers are also required to fulfil such conditions.