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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: Direct request (2019), direct request (2019)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (workers’ compensation in agriculture), 19 (equality of treatment – accident compensation), 24 (sickness insurance – industry), 25 (sickness insurance – agriculture) and 102 (social security – minimum standards) together in a single same comment. With reference to Conventions Nos 24 and 25 (instruments considered to be outdated by the ILO Governing Body), the Committee refers to its comments on Convention No. 102, the most up-to-date Convention on social security ratified by Peru (including Parts II and III).
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 1 of Convention No. 12. Extension of coverage to agricultural workers. The Committee notes the information provided by the Government in its report that on 3 June 2022 Presidential Decree No. 008-2022-SA2 updated Schedule 5 of Presidential Decree No. 009-97-SA, extending the list of activities considered to be high risk which are covered by the Supplementary Scheme for High-risk Work (SCTR). The Committee notes in particular the inclusion of the cultivation of vegetables and melons, root and tuber crops, as well as the cultivation of plants for the preparation of drinks. The Committee also notes the observations of the CATP indicating that when updating Schedule 5, agricultural activities that are fundamental for the national economy were left out, with the result that only 2 per cent of the agricultural workers who should be covered are actually protected. In this context, the Committee requests the Government to provide information on the number of workers protected by the SCTR in relation to the total number of agricultural workers.
Article 1(2) of Convention No. 19 and application in practice of the Convention. The Committee notes the information provided by the Government concerning the implementation in practice, as from June 2022, of the improved version of the Electronic System for the Notification of Employment Accidents, Hazardous Incidents and Occupational Diseases (SAT), following the adoption of Presidential Decree No. 006-2022-TR. The Committee also notes that, according to the information available in the SAT for the period from June 2022 to March 2023, there were a total of 1,162 accidents involving foreign workers, of which 1,151 were not fatal. The Committee notes the CATP’s observations, according to which the SAT only reflects notifications relating to formal workers, resulting in a clear under-reporting of cases involving foreign workers, for whom the informality rate is around 70 per cent. Finally, the Committee observes that the Government has not provided information on matters that were raised in its previous comment. In this context, the Committee once again requests the Government to provide information, if the existing statistics allow, on the approximate number of non-national workers on the national territory, as well as on their occupation and nationality. It also once again requests the Government to provide information on the compensation for employment accidents provided to workers who are nationals of other Member States that have ratified the Convention and to their dependants, within and outside the national territory, in the case of occupational accidents that occurred in Peru.
Part I (General provisions), Article 3 of Convention No. 102. Declaration appended to the ratification. The Committee notes the information provided by the Government on the Bill to reform the social insurance system in Peru, drawn up within the context of the Multisectoral Commission established by Presidential Decree No. 081-2022-PCM. The Committee also notes that the proposed reform is under discussion in a public consultation with the social partners on its implementation. The Committee requests the Government to provide information on whether the introduction of the reform of the social insurance system will result in the percentage of persons protected being achieved, which would mean that it could cease to avail itself of the exceptions under Article 3 of the Convention.
Part II (Medical care), Article 10(2). Cost-sharing by beneficiaries in the cost of medical care. The Committee notes that, according to the information provided by the Government, neither emergency care nor promotional preventive care are subject to cost sharing. The Committee further notes the CATP’s observations concerning the excessive share of the cost of health care and medicines borne by insured persons in health schemes. In this regard, the Committee once again requests the Government to provide detailed information on the application of the Convention in practice in relation to the cost sharing by beneficiaries for medical care, in both the public and private systems, such that it avoids hardship.
Part V (Old-age benefit), Article 27(d) in relation to Article 3. Persons protected. The Committee notes the information provided by the Government on progress in the implementation of the Pension 65 Programme, and the statistics on the number of protected employees working in industrial workplaces employing 20 persons or more. The Committee also notes that, according to the Government, the exception under Article 3 of the Convention in respect of the group of persons protected, as set out in Article 27(d) will have to be maintained until the implementation of the proposed reforms to the social insurance system in Peru. The Committee trusts that the implementation of the reform of the social insurance system will make it possible to renounce the use of the exception under Article 3 of the Convention, and requests the Government to provide information on this subject.
Article 28, in relation to Article 65. The rate of the benefit. The Committee notes the information provided by the Government in relation to the provisions indicated in its previous comment. The Committee also notes the observations of the CATP, according to which the contributory pensions of the National Pension System (SNP) do not ensure the minimum replacement rate of 40 per cent, due to a combination of increases in wages and the maximum ceiling of the pension, set at 893 soles, and that the Private Pension System (SPP) is not really designed as a pension system, as the rules allow almost the whole content of accounts to be withdrawn for non-pension-related reasons. Taking into account the context of the above reform of the social insurance system, the Committee trusts that measures will be adopted to ensure the minimum replacement rate of 40 per cent for the old-age benefits of the National Pension System and the Private Pension System, and requests the Government to provide information on this subject.
Articles 29(2) and 63(2). Reduced old-age benefit with a qualifying period of 15 years of contribution and reduced survivors’ benefit.The Committee requests the Government to provide its comments on the observations of the CATP in relation to these Articles.
Article 30. Provision of benefits throughout the contingency. The Committee notes the information provided by the Government concerning the publication in 2023 of Act No. 31670, which establishes minimum pensions and promotes alternative voluntary social insurance contributions, the purpose of which is to create a disincentive for registered persons to withdraw funds for reasons unrelated to social insurance and to ensure the receipt of a minimum retirement pension. The Committee notes the CATP’s observations which point to the defects of the Private Pension System by allowing the withdrawal of savings for reasons unrelated to social insurance, which occurred frequently following the adoption of the emergency decrees during the COVID-19 pandemic. Taking into consideration the context of the reform of the social insurance system, the Committee trusts that the implementation of the new social insurance system will make it possible to ensure that the Private Pension System complies with the obligation set out in this Article of the Convention, and requests the Government to provide information on this subject.
Part IX (Invalidity benefit), Article 56, in relation to Article 65. Rate of the benefit. The Committee notes the information provided by the Government on the guaranteed replacement rate in the pensions schemes of the National Pension System and the Private Pension System. The Committee also notes the CATP’s observations indicating that the existence of a low maximum pension ceiling makes it difficult in practice to comply with the replacement rate guaranteed by the Convention. With reference to the Private Pension System, the CATP indicates that in a country with a high rate of labour instability, the requirement to have paid contributions in four of the past eight months to be entitled to the benefit makes it difficult in practice to be in compliance with the Convention, as only active insured persons are protected. Considering the impact on the National Pension System and the Private Pension System of the current reform of the social insurance system, the Committee trusts that the implementation of the new system will make it possible to guarantee in practice compliance with this Article of the Convention, and requests the Government to provide information on this subject.
Part XIII (Common provisions), Article 70(1). Right of appeal of claimants of social security benefits. The Committee requests the Government to provide information on the average time that elapses for the resolution of procedures before the Administrative Social Insurance Tribunal.
Article 71(1) and (2). Collective financing of social security. The Committee trusts that the implementation of the new social insurance system will ensure compliance with this Article of the Convention, and requests the Government to provide information on this subject.
Articles 71(3) and 72(2). General responsibility of the State for the due provision of benefits and the proper administration of institutions and services. Health system. The Committee notes the information provided by the Government on the proposal by the social security health system (EsSALUD) to standardize social security health contributions, approved by the Executive Board of EsSALUD by Executive Board Decision No. 9-5-ESSALUD-2023, which will be referred to the Ministry of Labour. The Committee also notes the recommendations made in the EsSALUD Financial Actuarial Study 2018 prepared by the ILO. The Committee requests the Government to provide information on the effect given to the recommendations contained in the EsSALUD Financial Actuarial Study 2018, and on the impact of the proposal to standardize social security contributions in this context.
Articles 71(3) and 72(2). General responsibility of the State for the due provision of benefits and the proper administration of institutions and services. Social security. The Committee notes the statistical data provided by the Government. The Committee also notes the observations of the CATP concerning: (i) the number of reports of violations in compliance with contributions for compensation for periods of service; (ii) the different role played by the National Superintendence of Customs and Tax Authorities (SUNAT) in relation to contributions to the Social Insurance Standardization Office (ONP), with reference to the operation of the Private Pension System; and (iii) the debt with penalty interest of 28,550.32 million soles of the Private Pension System, according to the figures of the Superintendence of Banks and Insurers (SBS). The Committee requests the Government to provide its comments on these observations.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received in 2016, stating that the Ministry of Labour and Employment Promotion (MTPE) should provide information regarding coverage for occupational accidents and the forms of insurance for non national workers in the land, air and maritime transport sectors and the hydrocarbons sector, and in general on the total number of non-national workers in the country, by sector of activity.
Article 1(2) of the Convention and application in practice of the Convention. The Committee notes that, regarding the issues raised by the CATP, the Government indicates in its report that Act No. 26790 of 1997 on modernizing the social security health insurance system and Act No. 27056 of 1999 establishing the social health insurance scheme (EsSALUD), do not establish different or discriminatory treatment for non-nationals working in Peru with regard to occupational accidents. Non-nationals have the right to health social security through EsSALUD, on an equal footing with Peruvians, insofar as they comply with the requirements for coverage. The Committee notes that the Government has not provided information on protection in the event of occupational accidents for non-national workers in comparison with Peruvian workers. The Committee requests the Government to provide information, if the existing statistics allow, on the approximate number of non-national workers on the national territory, as well as on their occupation and nationality and the number and nature of the accidents recorded involving non-national workers. The Committee also requests the Government to provide information on the compensation for occupational accidents provided to workers who are nationals of other member States that have ratified the Convention and to their dependants within and outside the national territory, in the case of occupational accidents that took place in Peru.
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