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

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The Committee notes the reports provided by the Government on the application of the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), and the Sickness Insurance (Sea) Convention, 1936 (No. 56). In order to provide an overview of matters arising in relation to the application of these maritime Conventions, the Committee considers it appropriate to examine them in a single comment, which is set out below.

Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55). Article 6. Repatriation. In its previous comment, the Committee requested the Government to indicate the legal provisions giving effect to the requirements of this Article of the Convention, in particular those relating to the specific destinations to which the seafarer may be repatriated and the items of expense covered. The Committee notes that section 447.1 of the regulations implementing Legislative Decree No. 1147 (adopted by Supreme Decree No. 015-2014-DE of 28 November 2014) provides that seafarers have the right to be transported to the port of embarkation at the expense of the shipowner in the event of illness, provided that the seafarer cannot continue to carry out his or her duties or cannot be expected to continue doing so in specific circumstances. The Committee requests the Government to indicate the items of expense covered for the repatriation of a sick or injured seafarer (Article 6(3)).

Article 8. Safeguarding property left on board. In its previous comment, the Committee requested the Government to adopt measures to ensure that the national legislation requires shipowners or their representatives to take steps to safeguard the property left on board by sick, injured or deceased seafarers. The Committee notes that the Government has not provided information on this matter. The Committee also notes that section 404 of the regulations implementing Legislative Decree No. 1147, like the repealed Decree No. 028-DE/MGP, provides that the captain is obliged to safeguard all of the papers and clothing of any seafarer who dies on board the ship. However, it does not provide for the adoption of measures for safeguarding property left on board by sick or injured seafarers. The Committee requests the Government to indicate the measures adopted to bring the legislation into conformity with the Convention in this regard.

Sickness Insurance (Sea) Convention, 1936 (No. 56). Articles 1 and 2. Payments under the compulsory sickness insurance scheme. In its previous comment, the Committee noted the adoption of SBS Resolution No. 14707-2010 of 15 November 2010 concerning the dissolution of the Fishers’ Social Benefits and Social Security Fund (CBSSP). The Committee requested the Government to indicate how it ensures in practice the payment, under all circumstances, of cash benefits for a minimum period of the first 26 weeks of incapacity and to supply detailed information on any measures taken to reorganize and operate an insurance body responsible for providing the benefits prescribed by the Convention. The Committee also requested the Government to provide its comments in response to the observations of the General Confederation of Workers of Peru (CGTP) regarding, inter alia, the absence of legislative provisions guaranteeing the payment of cash benefits for at least the first 26 weeks of incapacity.

The Committee notes the Government’s indication, in response to the Committee’s comments and the observations of the CGTP, that under section 447.2(c) of the regulations implementing Legislative Decree No. 1147, with a view to guaranteeing the access to social security of working and retired fishers covered by Decision SBS No. 14707-2010, the National Congress adopted Act No. 30003 of 27 March 2013, which governs the special social security scheme for working and retired fishers. The Government indicates that the Act and its implementing regulations (Supreme Decree No. 007-2014-EF) regulate the following financial benefits: the “direct transfer to retired fishers” benefit (TDEP); the retirement pension for fishers affiliated to the special pension scheme for fishers (REP); the disability benefit for fishers affiliated to the REP; the payment of the TDEP as survivors’ benefit; and a survivors’ benefit from the REP. The Government adds that section 2(b) of Act No. 30003 guarantees full insurance for fishers and their dependants, and those in receipt of a pension from the now dissolved CBSSP, as regular members of the contributory social security health scheme under the aegis of the Social Health Service of Peru (ESSALUD). In this regard, section 27 of the Act provides that fishers affiliated to the REP or the Pension Funds Private Administration System (SPP) are covered by ESSALUD as regular members of the contributory social security health system. To this effect, the provisions of Supreme Decree No. 005-2005-TR, or any superseding legislation, are applicable, even in the event that the fisher was not affiliated to the CBSSP. Under section 6 of Supreme Decree No. 005-2005-TR, dependent fishers, retirees and their dependants shall be entitled to the benefits established in Supreme Decree No. 009-97-SA, implementing the Social Health Insurance Modernization Act. The Government also refers to section 15 of the regulations governing the temporary incapacity benefit, which provides that the benefit shall be equal to the average daily wages during the 12 months preceding the contingency, multiplied by the number of days for which the benefit is to be paid. If the total number of months is less than 12, the average shall be determined on the basis of the length of time that the regular member has been contributing. The benefit shall be granted for a maximum consecutive period of 11 months and ten days. Entitlement to the benefit starts on the 21st day of incapacity; during the first 20 days the employer is still required to pay wages. Lastly, the Government indicates that, as of 30 June 2015, a total of 2,724 fishers were affiliated to the REP and there were 7,523 beneficiaries in receipt of TDEP benefits.

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Articles 1 and 2 of the Convention. Cash benefits under compulsory sickness insurance scheme. Further to its previous observation, the Committee notes the adoption of Resolution SBS No. 14707-2010 of 15 November 2010 concerning the dissolution of the Fishers’ Social Benefits and Social Security Fund (CBSSP). The Government had previously indicated that cash benefits to fishers affiliated to the CBSSP were paid directly by the employers, which nonetheless implied the absence of a sickness insurance scheme administered by a self-governing institution, as required under this Convention. Following the dissolution of the CBSSP, the Committee requests the Government to indicate how it ensures in practice the payment, under all circumstances, of cash benefits for a minimum period of the first 26 weeks of incapacity and also to detail any measures taken or planned for reorganizing and operating an insurance institution responsible for providing the benefits prescribed by the Convention.

In addition, the Committee notes the observations of the General Confederation of Workers of Peru (CGTP), which were transmitted to the Government on 28 September 2010, concerning the absence of legislative provisions guaranteeing the payment of cash benefits for at least the first 26 weeks of incapacity and also the Government’s failure to engage in nationwide consultations with a view to addressing the problems of social security in the fishing sector. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the CGTP.

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The Committee notes the general information supplied by the Government concerning developments related to the application of the Convention.

Article 7 of the Convention. Continuation of right to sickness insurance after termination of engagement. Having noted that section 37 of Supreme Decree
No. 009-97-SA provides for the continuation of the right to sickness insurance after termination of the last engagement, the Committee had previously asked the Government to provide information, including statistics, on the practical application of this provision. In its latest report, the Government states that it has requested statistics from the relevant entities and that it will forward them as soon as received. The Committee expects the Government to supply, in its next report, the requested statistical data on the average interval between successive engagements, as well as on the average period of time during which seafarers benefit in practice from continuation of sickness insurance after the termination of their engagement.

The Committee also notes that, according to section 8 of Supreme Decree No. 020-2006-TR, fishers whose employment relationship has ended, have the right to medical benefits, if and when they have paid two monthly contributions, whether consecutive or non-consecutive, during the six months prior to the contingency. Please clarify how section 8 of Supreme Decree No. 020-2006-TR and section 37 of Supreme Decree No. 009-97-SA, which also provides for the right of fishers to medical benefits in case of unemployment or suspension of the employment relationship, relate to each other.

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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.

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The Committee takes note of the information sent by the Government in reply to earlier comments from the Trade Union of Fishing Boat Owners of Puerto Supe and Associates. Since the information contains no reply to the previous comments, the Committee draws the Government’s attention to the matters raised in the 2006 direct request and for which a report is expected in 2008.

Article 7 of the Convention. Continuation of the right to sickness insurance after the termination of the last engagement. Replying to the Committee’s previous comments, the Government stated that it would shortly supply statistics concerning the application to seafarers of section 37 of Presidential Decree No. 009-97-SA, as amended. The Committee points out that under this provision of the Convention, the right to sickness insurance benefit shall continue during a definite period so as to cover the normal interval between successive engagements. The Committee therefore asks the Government to supply statistical information on the average period of time between two engagements for seafarers, as well as statistics on the average period during which seafarers benefit in practice from continuation of sickness insurance after the termination of their engagement.

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

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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.]

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Article 7 of the Convention. Continuation of the right to sickness insurance after the termination of the last engagement. Replying to the Committee’s previous comments, the Government states that it will shortly supply statistics concerning the application to seafarers of section 37 of Presidential Decree No. 009-97-SA, as amended, providing for an extension of the period of protection (período de latencia) after the end of the last engagement, the duration of the extension varying as a function of the period worked. The Committee notes this information and recalls that, in accordance with this provision of the Convention, the right to sickness insurance benefit shall continue during a definite period so as to cover the normal interval between successive engagements. The Committee therefore trusts that the Government will also supply statistical information on the average period of time between two engagements for seafarers, as compared with the average period during which seafarers benefit in practice from continuation of sickness insurance after the termination of their engagement.

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

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The Committee notes the information supplied by the Government in its report and the communications transmitted by the trade union of fishing boat owner-masters of Puerto Supe and Associates regarding the application of the Convention. The Committee notes that the Government gives no reply on the concerns expressed by the aforementioned trade union concerning, inter alia, problems concerning fishers’ sickness insurance, which, according to the trade union, leads to enormous difficulties of application in practice. The Government does not indicate whether it intends to reply favourably to the proposal made by the trade union to convene a round table to discuss social security problems in the industrial fishery industry. The Committee therefore trusts that the Government will reply as soon as possible to the aforementioned communication and also wishes to draw its attention to the following matter.

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 is also raising certain other matters in a request directly to the Government.

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

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The Committee notes the information provided by the Government in reply to its previous comments and wishes to draw its attention to the following points.

Article 4, paragraph 1, of the Convention. Payment to the family of the seafarer of sickness benefit to which he would have been entitled had he not been abroad. Further to the Committee’s previous comments, the Government indicates that effect is given to this provision of the Convention through the provisions of the Civil Code authorizing representation between spouses, and those of Presidential Decree No. 002-79-RE issuing the consular regulations of the Republic. The Government indicates, with reference to the provisions of the above Decree relating to notarial functions, that sworn consular officials are empowered, in accordance with the national legislation, to authenticate the acts and contracts submitted to them. It adds that, under the terms of these provisions, a person could, from abroad, authorize another person to represent her or him for purposes such as receiving on her or his behalf the benefits to which she or he would have been entitled. The Committee takes due note of this information. Nevertheless, as the objective of this provision of the Convention is to protect the family of a seafarer who falls sick abroad and has lost his right to wages, it would be grateful if the Government would examine the possibility of introducing into the national legislation on sickness insurance a specific provision giving effect to this Article of the Convention. The Committee also requests the Government to provide information on the manner in which the payment is arranged in practice to the family, in whole or in part, of the cash benefit due to a seafarer who is abroad and has lost his right to wages. Furthermore, with reference to its previous comments, the Committee requests the Government to provide with its next report the information requested previously with regard to the benefits paid to the family members of insured persons.

Article 7. Continuation of the right to insurance benefit after the termination of the engagement. The Committee takes due note of the information provided by the Government that section 37 of Presidential Decree No. 00-97-SA, as amended by Presidential Decree No. 004-2000-TR, is in effect applicable to seafarers. It recalls that this provision establishes that, in the event of unemployment or the total interruption of occupational activity resulting in the loss of entitlement to social coverage, the persons protected by the regular scheme who have a minimum of five months of contributions, whether or not they are consecutive, during the three years prior to the cessation or interruption of occupational activity, are entitled to medical benefits for a period of two months of coverage for every five months of contribution. The Committee requests the Government to provide information in its next report, including statistics, on the application of this provision of the Convention in practice, with an indication of the time that normally elapses between successive engagements.

[The Government is asked to reply in detail to the present comments in 2005.]

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The Committee takes note of the information provided by the Government in its report, and in particular the information regarding the application of Article 1 of the Convention.

Article 4 (Payment to the family of the seafarer of sickness benefit to which he would have been entitled had he not been abroad). With reference to its previous comments, the Committee notes the information provided by the Government, and once again requests the Government to indicate the provisions of the legislation under the terms of which, in the event that the insured person is abroadand would have been entitled to cash benefit in respect of sickness, family members or other persons can receive the benefit when duly accredited to do so. The Committee recalls that the cash benefit payable under this provision of the Convention must be paid to the family members of the insured person without restriction. The Committee requests the Government to provide information on benefits paid to the family members of insured persons.

Article 7 (Continuation of the right to insurance benefit after the termination of the engagement). In its previous comments the Committee had noted that, under section 37 of Supreme Decree No. 004-2000-TR, in the event of unemployment or the full suspension of activity resulting in the loss of entitlement to coverage, regular insured persons with a minimum of five months of contributions, whether or not they are consecutive, during the three years prior to the cessation or full suspension of activity, are entitled to the medical benefits envisaged in sections 11 and 12 of the above Decree to the level of two months of coverage for every five months of contributions. The Committee requested the Government to indicate whether the period of coverage covers the normal interval between successive engagements. In its report, the Government indicates that this provision of the Convention is reflected in current legislation only in respect of medical benefits, and is applicable to persons who remain unemployed or have their contracts of employment fully suspended. The system of supplementary occupational risk insurance (SCTR) applies during the period in which the worker is actually in employment, its purpose being to provide protection for persons employed in high-risk activities. The Committee notes the Government’s statement. Since the Government does not refer in its report to Supreme Decree No. 004-2000-TR, the Committee requests that it indicates whether section 37 of that Decree is applicable to seafarers and, if that is not the case, to indicate the measures which it intends to take with a view to maintaining, in accordance with Article 7 of the Convention, the continuity of medical benefits in the period after the termination of the last engagement, which period should be fixed in such a way as to cover the normal interval between successive engagements.

[The Government is asked to reply in detail to the present comments in 2003.]

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The Committee notes the additional information supplied by the Government concerning the comments transmitted by the Trade Union of Fishing Boat Owner-Masters of Puerto Supe in May 1999 and January and March 2000 concerning the operational difficulties of the system of supplementary occupational risks insurance (SCTR) envisaged under the Social Security Modernization Act No. 26790 in the area of health. The Committee refers in this respect to its observation under Convention No. 55.

The Committee notes the information provided by the Government in its report.

Article 1 of the Convention (scope of application). The Committee notes that seafarers are covered by Act No. 26790, and the pertinent regulations. In accordance with section 3 of the above Act, and of section 4(b) of Act No. 27056 establishing the Social Security Health System (ESSALUD), persons considered to be seafarers are regularly insured. Furthermore, under Act No. 27177 of 25 September 1999, fishermen are included in ESSALUD. The Committee requests the Government to provide statistical information on the number of persons considered to be seafarers, and on the number of persons in this sector covered and affiliated to ESSALUD.

Article 4 (payment to the family of the seafarer of sickness benefit to which he would have been entitled had he not been abroad). In addition to the legislative provisions respecting the subsidy for temporary incapacity, the Government indicates that in the event that the insured person is abroad and would have been entitled to cash benefit in respect of sickness, Peruvian legislation provides for the possibility of family members or other persons to receive the benefit when duly accredited to do so. The Committee notes this information. It recalls that the cash benefit envisaged by this provision of the Convention has to be provided without any restriction to the family of the insured person. It requests the Government to indicate the provisions of the legislation to which it is referring. It also requests the Government to provide information on the cash benefits paid to the families of insured persons.

Article 6 (funeral benefit). The Committee notes that section 18 of Supreme Decree No. 009-97-SA establishes that the funeral benefit covers the funeral services for the death of a regular insured person, whether active or retired.

Article 7 (continuation of the right to insurance benefit after the termination of the engagement). The Committee notes that, under section 37 of Supreme Decree No. 009-97-SA, as amended by Supreme Decree No. 004 2000 TR, in the event of unemployment or the full suspension of activity resulting in the loss of entitlement to coverage, regular insured persons with a minimum of five months of contributions, whether or not they are consecutive, during the three years prior to the cessation or full suspension of activity, are entitled to the medical benefits envisaged in sections 11 and 12 of the above Decree to the level of two months of coverage for every five months of contributions. The Committee requests the Government to indicate whether the period of coverage covers the normal interval between successive engagements.

[The Government is asked to report in detail in 2002.]

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The Committee has noted the observations of the Trade Union of Fishing Boat Owner-Masters of Puerto Supe and Associates, in connection with the operating difficulties, in the fisheries sector, of the system of supplementary insurance against employment risks established by the Social Security Modernization Act (No. 26790). These comments were transmitted on 30 July 1999 to the Government which, to date, has made no comment on them. The Committee has therefore decided to defer their examination to its next session in order to examine these observations in the light of, first, information to be communicated by the Government in this respect and, secondly, information contained in the Government's report on application of the Convention, due in 2000. In this context, the Committee recalls the matters to which it drew the Government's attention in its previous observation.

The Committee notes certain information provided by the Government on the application in practice of the Convention. It also notes the adoption in 1997 of the Social Security Health Care Modernization Act (No. 26790), which repeals Legislative Decree No. 22482 on which the Committee had commented previously. The Committee notes that, according to the Government's information, the new legislation provides for the involvement of the private sector in health care. The social health insurance system is now complemented by health plans and programmes provided by Health Care Providers (EPS). These may be public or private companies or institutions distinct from the Peruvian Institute of Social Security and their sole purpose is to provide health care, using their own or third-party facilities, under the supervision of the EPS supervisory body.

The Committee notes that Act No. 26790 introduces fundamental changes into the health care system. Furthermore, it is the Committee's understanding that the new legislation also applies to persons employed on Peruvian ships. The Committee therefore requests the Government to provide detailed information, in accordance with the report form, on the effect of the new legislation and national practice on the application of each of the Articles of the Convention and, in particular, Article 1 (scope), Article 4 (payment to the seafarer's family of the sickness cash benefits to which he would have been entitled had he not been abroad), Article 6 (funeral expenses) and Article 7 (continuation of insurance benefit after the termination of engagement).

The Government is also requested to consider the Committee's comments concerning Convention No. 24 made in 1998.

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The Committee notes certain information provided by the Government on the application in practice of the Convention. It also notes the adoption in 1997 of the Social Security Modernization Act (No. 26790), which repeals Legislative Decree No. 22482 on which the Committee had commented previously. The Committee notes that, according to the Government's information, the new legislation provides for the involvement of the private sector in health care. The social health insurance system is now complemented by health plans and programmes provided by Health Care Providers (EPS). These may be public or private companies or institutions distinct from the Peruvian Institute of Social Security (IPSS) and their sole purpose is to provide health care, using their own or third-party facilities, under the supervision of the EPS supervisory body.

The Committee notes that Act No. 26790 introduces fundamental changes into the health-care system. Furthermore, it is the Committee's understanding that the new legislation also applies to persons employed on Peruvian ships. The Committee therefore requests the Government to provide detailed information, in accordance with the report form, on the effect of the new legislation and national practice on the application of each of the Articles of the Convention and in particular Article 1 (scope), Article 4 (payment to the seafarer's family of the sickness cash benefits to which he would have been entitled had he not been abroad), Article 6 (funeral expenses) and Article 7 (continuation of insurance benefit after the termination of engagement).

The Government is also requested to consider the Committee's comments concerning Convention No. 24.

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Article 3 of the Convention. With reference to its previous comments, the Committee notes the Government's reply that section 34 of Decree Law No. 22-482 of 1979 and section 93 of Supreme Decree No. 08-80-TR both authorize the payment of benefit to compulsorily insured workers and their families even when the employer has not paid contributions. The Committee requests further information on the application of these provisions in practice, in particular on the number of cases in which benefit, including medical care, has been provided to workers whose employers have failed to pay contributions.

Article 8. Further to its previous comments, the Committee notes the Government's statement that inspections will be carried out to verify the employers' fulfilment of their obligation to pay contributions. The Committee would appreciate being kept informed of the number and results of these inspections, and of the actions taken against those employers which such inspections reveal are not paying contributions. See also the Committee's comments under Convention No. 24, as follows:

The Committee notes the Government's statement in its report that the regulations for implementing Decree No. 718 of 8 November 1991 are still under development. It hopes that when these regulations are adopted they will not fail to take into account the points raised by the Committee in its observation formulated in March 1995.

[The Government is asked to report in detail in 1997.]

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Article 3 of the Convention. See the request sent directly to the Government under Convention No. 24 (Article 4, paragraph 1), as follow:

Article 4, paragraph 1, of the Convention. By virtue of section 18 of Legislative Decree No. 22-482 of 27 March 1979, as amended by Act No. 24-620 of 24 December 1986, workers are no longer required by law to have made three consecutive monthly contributions or four non-consecutive monthly contributions to be entitled to the provision of medical care, as the new provision empowers the Peruvian Institute of Social Security (IPSS) to determine the qualifying periods for insured persons to be entitled to the provision of medical care, in accordance with the characteristics of their work. In this connection, the Committee notes Directive No. 005-PE-IPSS-87 whereby the Peruvian Institute of Social Security has fixed a four-week qualifying period for entitlement to medical care for casual workers, it being understood that no qualifying period is required in the event of accident. The Committee would be grateful if the Government would indicate in its future reports whether the Peruvian Institute of Social Security has issued other directives fixing a qualifying period for entitlement to medical care for categories of workers other than casual workers. If so, please provide a copy of them.

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With reference to its previous comments and to the observations made in December 1987 by the "Sindicato Marítimo de Tripulantes y Defensa en el Trabajo al Servicio de CPVSA" to the effect that insured workers could not receive medical treatment because of the non-payment of the financial contributions to the sickness insurance institutions by the enterprise "Compañia Peruana de Vapores SA", the Committee notes with interest the adoption of Directive No. 001-DNPS-IPSS-91 of 4 January 1991 which facilitates the provision of medical treatment in cases of emergency, providing in Point V.2 that the insured person is only required to present his latest pay slip in order to check his labour relationship and the fact that social security deductions have been made by the employer. In addition, point VI.1 of the above Directive contains a provision similar to that of section 34 of Legislative Decree No. 22482 of 27 March 1979, according to which all the costs incurred by the Peruvian Institute of Social Security (IPSS) in case of non-payment of the financial contributions by the employer shall be recovered from the employer by legal action. In view of the fact that said Directive No. 001-DNPS-IPSS-91 of 1991, and in particular its points II and V.2, is limited to "cases of emergency", the Committee hopes that the Government will indicate in its next report the measures taken or contemplated in order to ensure the full application in practice of Article 3, paragraph 1 of the Convention in all cases where the employer has not paid his financial contribution to the sickness insurance institution.

In addition, the Committee once again requests the Government to indicate the measures taken or contemplated in order to ensure that in practice employers (as well as workers) share in providing the financial resources of the sickness insurance scheme, in conformity with Article 8 of the Convention.

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The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. In its previous comments, the Committee noted the observations made in December 1987 by the "Sindicato Marítimo de Tripulantes y Defensa en el Trabajo al Servicio de CPVSA" to the effect that insured workers could not receive medical treatment because of the non-payment of the financial contributions to the sickness insurance institutions by the enterprise "Compañía Peruana de Vapores SA". In its report, the Government refers to section 34 of Legislative Decree No. 22482 of 27 March 1979, according to which the insurance benefits shall be granted by the Peruvian Institute of Social Security (IPSS) even if the employer has not paid its financial contributions, in which case all the costs incurred by the Institute shall be recovered by legal action from the employer. While noting this information, the Committee would be glad if the Government would supply in its next report information on the practical implementation of this provision of the legislation regarding medical benefits, in particular with regard to the observations made by the above-mentioned organisation, so as to give full effect to Article 3, paragraph 1, of the Convention. The Committee also requests the Government to indicate the measures taken or contemplated in order to ensure that in practice employers (as well as workers) share in providing the financial resources of the sickness insurance scheme, in conformity with Article 8 of the Convention. 2. The Committee takes note of the Government's statement in the report to the effect that there has been no modification of the national legislation, but that the Peruvian Institute of Social Security has taken note of the Committee's previous comments in respect of Article 3 of the Convention which does not authorise the provision of medical treatment to be subject to any qualifying period. It can but reiterate its hope that the Government will take the necessary measures in order to abolish any qualifying periods regarding medical benefit so as to bring the national legislation into full conformity with the Convention on this point.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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1. In its previous comments, the Committee noted the observations made in December 1987 by the "Sindicato Marítimo de Tripulantes y Defensa en el Trabajo al Servicio de CPVSA" to the effect that insured workers could not receive medical treatment because of the non-payment of the financial contributions to the sickness insurance institutions by the enterprise "Compañía Peruana de Vapores SA".

In its report, the Government refers to section 34 of Legislative Decree No. 22482 of 27 March 1979, according to which the insurance benefits shall be granted by the Peruvian Institute of Social Security (IPSS) even if the employer has not paid its financial contributions, in which case all the costs incurred by the Institute shall be recovered by legal action from the employer.

While noting this information, the Committee would be glad if the Government would supply in its next report information on the practical implementation of this provision of the legislation regarding medical benefits, in particular with regard to the observations made by the above-mentioned organisation, so as to give full effect to Article 3, paragraph 1, of the Convention.

The Committee also requests the Government to indicate the measures taken or contemplated in order to ensure that in practice employers (as well as workers) share in providing the financial resources of the sickness insurance scheme, in conformity with Article 8 of the Convention.

2. The Committee takes note of the Government's statement in the report to the effect that there has been no modification of the national legislation, but that the Peruvian Institute of Social Security has taken note of the Committee's previous comments in respect of Article 3 of the Convention which does not authorise the provision of medical treatment to be subject to any qualifying period. It can but reiterate its hope that the Government will take the necessary measures in order to abolish any qualifying periods regarding medical benefit so as to bring the national legislation into full conformity with the Convention on this point.