Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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.