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

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Peru (Ratification: 1945)

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.