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Maternity Protection Convention, 2000 (No. 183) - Peru (RATIFICATION: 2016)

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2023. The Committee requests the Government to provide its comments in this regard.

Article 3 the Convention. Health protection. Breastfeeding women. The Committee notes the information provided by the Government in its report indicating that, according to section 66 of the Occupational Safety and Health Act, No. 29783 of 2011, the employer must take the necessary measures to prevent the exposure of breastfeeding workers to hazardous work, and that section 100 of Supreme Decree No. 005-2012 indicates that the measures aimed at protecting the safety and health of pregnant workers must be maintained or adapted for breastfeeding workers until at least one year after childbirth. The Committee also notes Act No. 31051 of 2020, which extends protection measures to pregnant and breastfeeding workers during health emergencies. In this regard, the Committee also notes the observations of the CATP, indicating that Act No. 31051 only applies in the event of a health emergency and that labour inspection activities have not focused on protecting the safety and health of pregnant and breastfeeding workers. In this context, the Committee requests the Government to provide information on (i) the ways in which labour inspectors have focused on occupational safety and health risks to pregnant or breastfeeding women; and (ii) whether inspectors have observed situations in which pregnant or breastfeeding women have been obliged to perform work determined by the competent authority to be prejudicial to the health of the mother or the child, or have received any complaints in this respect.

Article 4(4). Minimum period of compulsory leave after childbirth. The Committee notes the information provided by the Government indicating that the period of postnatal leave of 49 calendar days is compulsory. In this context, the Committee requests the Government to confirm whether the compulsory postnatal period of at least six weeks provided for in section 1 of Act No. 26644 is inalienable for women workers.

Article 6(5). Conditions to qualify for cash benefits. The Committee notes the Government’s indication that the maternity allowance is calculated on the basis of the last 12 months’ average remuneration prior to childbirth and that, for workers who have not been registered for 12 months with the social security health system (EsSALUD), the average will be determined according to their length of registration. The Committee notes the CATP’s observations that the majority of women workers are engaged informally, which prevents them from accessing cash benefits through EsSALUD. In this context, the Committee observes that the informal employment rates for women in Peru remain high (see statistical compendium, Peru 2022). The Committee requests the Government to provide information on (i) the number of women workers registered with EsSALUD, as well as the total number of women working informally and formally in Peru, and (ii) the measures envisaged to ensure that the conditions to qualify for cash benefits can be satisfied by a large majority of the women to whom this Convention applies.

Article 6(6). Benefits out of social assistance funds. The Committee notes the Government’s indication that a woman worker who does not qualify for maternity cash benefits through EsSALUD shall be entitled to adequate benefits out of social assistance funds, subject to the means test required for such assistance. In this context, the Committee requests the Government to indicate: (i) the regulatory framework governing the granting of cash benefits to women workers out of social assistance funds; and (ii) the manner in which these benefits ensure that these women can maintain themselves and their children in proper conditions of health and with a suitable standard of living.

Article 6(7). Medical care benefits. The Committee notes that according to section 12 of Supreme Decree No. 009-1997-S, medical care benefits for pregnant workers shall include prenatal care, assistance during childbirth and after childbirth, as well as hospitalization when necessary.

Article 8(1). Employment protection and non-discrimination. In response to its previous comments, the Committee notes the information provided by the Government concerning the judicial decisions handed down in cases of dismissal of pregnant workers or workers on maternity leave.

Article 9(1). Non-discrimination in employment. The Committee notes the legislation in force and the measures taken at the national level with a view to applying the provisions of Article 9 of the Convention, including measures relating to reparations and sanctions considered appropriate in this regard.