Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

Labour Inspection Convention, 1947 (No. 81) - Peru (Ratification: 1960)

With reference to its observation on the Convention, the Committee requests the Government to provide information on the following matters:

1. Article 3, paragraph 1(b) and (c), of the Convention. The Committee notes that, in contrast with Presidential Decree No. 003-83-TR, Presidential Decree No. 04-95-TR does not give effect to these provisions of the Convention. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give effect to these provisions of the Convention.

2. Article 7. The Committee notes the provisions of section 4 of Presidential Decree No. 04-95-TR. It would be grateful if the Government would indicate the means by which the qualifications of candidates are ascertained and if it would provide information on the training received by inspectors.

3. Article 12, paragraph 1(c)(i). The Committee notes that, under the terms of section 15 of Presidential Decree No. 04-95-TR, inspection visits are carried out with the participation of representatives of the employer and the workers. The Committee would be grateful if the Government would indicate the manner in which it is ensured that inspectors are able to interrogate alone the employer or the staff of the enterprise on any matters concerning the application of the legal provisions, in accordance with this Article of the Convention.

4. Article 14. Please indicate the manner in which effect is given to the provisions of this Article, which requires that the labour inspectorate shall be notified of industrial accidents and cases of occupational disease.

5. Article 15(c). The Committee notes that, in contrast with Presidential Decree No. 003-83-TR, Presidential Decree No. 04-95-TR does not contain any explicit provision imposing upon inspectors the obligation to treat as absolutely confidential the source of any complaints and to give no indication to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to give effect to this provision of the Convention.

6. The Committee notes that the Basic Guide on Labour Inspection contains a summary of the principal provisions of labour law that are in force and are subject to verification by the inspectorate, in accordance with Presidential Decree No. 04-95-TR, and that employers are obliged to abide by the text of the Guide. The Committee notes that the Guide contains the following sections: general obligations, documents which must be displayed by the employer in the workplace, specific obligations and obligations of the employer with regard to the rights and benefits of workers. The Committee notes that the general obligations set out in the Guide include the verification of the authorization to work of young persons and the responsibility to keep a register containing the data of young workers. This register must contain, among other information, data on the date of birth of the young person, the work performed, the remuneration, working hours, the school attended and school hours. The Committee requests the Government to supply detailed information on the cases of non-compliance reported both as regards the responsibility to keep the above registers, and the various types of data that have to be entered, including the sanctions imposed in the event of violations of the legal provisions, in accordance with Article 12, paragraph 1(c)(ii), and Articles 17 and 18 of the Convention.