Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

In reply to the Committee’s previous comments, the Government refers once again to the compensation received by workers on the basis of length of service, which is considered to be a social benefit intended to cover the contingency arising out of the termination of the employment relationship and which is designed to assist the worker and his family (Presidential Decree No. 001-97-TR), and to the compensation for unwarranted dismissal (section 34 of Legislative Decree No. 728, approved by Presidential Decree No. 003-97-TR). The Government adds that the establishment of an unemployment insurance system depends on the existence of a fund to support it, which can be financed by employers’ or workers’ contributions. The Government could promote the adoption of regulations on this matter, but the cost of such a system would have to be borne by the workers or the employers.

The Committee notes this information. It emphasizes once again that neither the benefit for unwarranted dismissal, nor the compensation based on length of service constitutes a system of protection against unemployment in accordance with the requirements set out in the Convention. The Committee recalls that, to give effect to the Convention, the States which have ratified the instrument have to guarantee to workers who are involuntarily unemployed a benefit or allowance paid through a scheme which may be a compulsory insurance scheme, a voluntary insurance scheme, a combination of compulsory and voluntary insurance schemes, or any of the above alternatives combined with a complementary assistance scheme (Article 1 of the Convention). The Committee notes that the information provided by the Government on this subject does not show any progress towards the implementation of an unemployment protection sytsem, even though this Convention was ratified by Peru nearly 40 years ago. While aware of the economic impact of the establishment of such a system, the Committee hopes that the Government will be able to re-examine the situation and that it will be in a position in its next report to indicate the measures which have been taken or are envisaged to establish an unemployment protection system in accordance with the provisions of the Convention.