Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

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.