Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Seafarers' Pensions Convention, 1946 (No. 71) - Peru (Ratification: 1962)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2024.

Article 3(1) of the Convention. Temporary suspension of contracts during the closed season. The Committee notes the Government’s indication in its report, in Conclusion No. 5 of the Multi-sectoral Working Group established pursuant to Ministerial Decision No. 248-2014-TR, the Sectoral Commission was informed that fishers affiliated to the Special Fishing Regime (REP) found it difficult to achieve the 15 weeks of contributions required to credit years of contributory service. The Committee also notes that, in order to address this difficulty, draft legislation is being proposed that would allow fishers, for the purpose of crediting the 15 weeks of contributions that constitute one year of work in fishing, to count on an exceptional basis up to a maximum of 4 weeks of work performed in activities complementary to fishing during periods of fishing inactivity, provided that such work is remunerated and carried out under the authority of the shipowner. The Committee requests the Government to provide information on any developments in the abovementioned draft legislation.

Article 3(1)(a) and (2). Fishery workers. Minimum replacement rate and contribution to financial sustainability. The Committee notes the information provided by the Government regarding the REP retirement pension, regulated by Act No. 30003 of 21 March 2013, which provides for a replacement rate of 24.6 per cent of the insurable remuneration for the five last years of work in fishing. The Committee also notes the CATP’s indication that this replacement rate is lower than that provided in the Convention, since for the minimum 25 years of service required for pension eligibility the replacement rate would have to be 37.5 per cent. The Committee recalls that, in light of Article 3(1)(a)(ii), pensions may not be at a rate less than 1.5 per cent, for each year of sea service, of the remuneration on the basis of which contributions were paid for that year, if the scheme provides pensions on attaining the age of 55 years, as is the case with the REP retirement pension. Lastly, the Committee notes the promulgation of Act No. 32123 of 24 September 2024 modernizing the Peruvian pension system. The Committee requests the Government to take the necessary measures to ensure that the minimum replacement rate of the retirement pensions of fishery workers complies with Article 3(1)(a)(ii) of the Convention. In addition, it requests the Government to provide information on the implications of the adoption of Act No. 32123 in this area.

With regard to the requirement that, in accordance with Article 3(2), seafarers collectively shall not contribute more than half of the cost of the pensions payable, the Committee once again requests the Government to provide information in respect of the REP.

Article 3(1)(a) and (2). Pensions of seafarers engaged on maritime, river and lake service. Replacement rate and collective financing. The Committee notes the information provided by the Government concerning the characteristics of the Special Regime for seafarers engaged on maritime, river and lake service, included under the National Pensions System and administered by the Insurance Standardization Office. With regard to the information requested to verify compliance with the provisions of Article 3(2) of the Convention, the Committee reiterates its request to the Government to provide information on the amount of the overall remuneration on which the contributions paid during the period under consideration under the Special Regime for seafarers engaged on maritime, river and lake service were based, specifying the percentage of the total sum of pensions paid that this amount represents, in order to demonstrate that the workers concerned do not collectively contribute more than 50 per cent of the cost of the pensions payable.

Article 3(1)(a)(ii). Former employees of the Peruvian Steam Ship Company (CPV). The Committee again requests the Government to take the necessary measures to ensure that the rate of the pensions paid to former employees of the CPV, who were previously seafarers and have completed a prescribed period of sea service, is in any case at least equal to the rate resulting from the application of the minimum replacement rate prescribed in Article 3(1)(a)(ii) of the Convention, revising, if necessary, the ceiling applicable to these pensions.

Article 4(4). Right to participate in management. The Committee once again requests the Government, with respect to the management of the private pension system (SPP), to take the necessary measures to ensure that the representatives of the shipowners and seafarers who contribute to the cost of the pensions payable under the scheme participate in the management of the scheme, as provided in Article 4(4) of the Convention.

Application of the Convention in practice. Ruling by the Supreme Court of Justice. The Committee takes due note that the Ministry of Economic and Financial Affairs has taken steps to comply with the ruling handed down by the Transitional Civil Chamber of the Supreme Court of Justice of 24 November 2009, the enforcement of which is the responsibility of the Tenth Civil Court of Lima. The Committee also notes that payment of the principal amount owed plus interest (US$2,420,615.52) is to be made over five years, in fiscal years 2023 to 2027, at a rate of one fifth of the amount due per year. Lastly, the Committee notes that the first two payments were made on 31 May 2023 and 13 February 2024. The Committee expects that the Government will ensure that the ruling is fully implemented in a timely manner by paying the three remaining instalments.

With respect to the settlement of outstanding benefits owed, the Committee notes the payments made to 268 labour creditors for a total of 2,652,966.01 Peruvian soles and to 5,567 pensioners for benefits owed (for amounts owed prior to the start of the settlement) of 2,691,697.20 Peruvian soles. The Committee notes the indication on the web page of Fishers’ Benefits and Social Security Fund under Liquidation that exceptional payments are being made in respect of these benefits within the resources available to this institution, and that on 12 April 2024, 27 cash transfers were made to a total of 19,404 beneficiaries in the amount of 15,412,044.67 Peruvian soles. The Committee requests the Government to provide information on developments in the settlement of benefits owed.