Observation (CEACR) - adoptée 1997, publiée 86ème session CIT (1998)

The Committee notes the Government's reply concerning the observations made by the union of Crew Members of Maritime Vessels for the Protection of Workers stating, amongst other things, that the Board of Liquidators of the Peruvian Steamship Company (a limited liability company under liquidation) failed to comply with the requirements of Legislative Decree No. 20530 of 1974 with regard to pensions. The Union asserts that 187 workers were excluded from receiving pension benefits on the grounds that they had not completed 30 years of service despite the fact that they had already been receiving their pensions for three years. In its reply the Government states that the Peruvian Steamship Company had exhausted its available financial means in order to make payment of an amount of $3,400,000 in incentives and social benefits to its 1,200 workers, and that it did not have any other means to meet its other obligations which had been contracted later. The Government states that the Board of Liquidators invested $2,200,000 up to October 1992, the date at which the workers were put under the responsibility of the Ministry of Economy and Finance in view of the necessity to find a solution to the payment of indemnities and pensions. The Government adds that for this reason the list of 1,200 dismissed workers and pensioners has been progressively settled in conformity with the provisions of Legislative Decree No. 763 which banned any admission or reinstatement in the scheme, which would have occurred setting aside the provisions of Legislative Decree No. 20530. The Government acknowledges that 180 former pensioners of the Peruvian Steamship Company were excluded, 14 of whom obtained a favourable decision ordering their reinstatement in the scheme. It would appear that another group of workers failed to obtain a favourable ruling. The Committee notes the foregoing and asks the Government to indicate in its next report as to what is the position of this last group of workers vis-à-vis the Convention. In this connection, the Committee recalls that the Peruvian pension system has given rise to a number of comments on the application of ratified Conventions and that in its last observation it asked the Government to provide a detailed report on the application of Convention No. 71. It therefore reiterates that request and asks the Government to provide a detailed report containing the information required by the report form for Articles 2, 3 and 4 of the Convention, together with general information on its application in practice (point V of the report form).

[The Government is asked to report in detail in 1999.]