Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Holidays with Pay Convention, 1936 (No. 52) - Peru (Ratification: 1960)

The Committee notes the Government’s explanations concerning the application of Article 1 (holidays for officials exercising political or confidential functions); Article 2, paragraph 2 (holidays for young workers and apprentices) and Article 8 (system of sanctions) of the Convention. It would like to draw the Government’s attention to the following points.

Article 2, paragraphs 1 and 4, of the Convention. Deferral of holidays. The Committee notes the Government’s indication that the provisions applicable to workers subject to the administrative career system are those of Legislative Decree No. 276 issuing basic regulations on the administrative career system and public sector pay, which is due to be revised soon as part of the reform of the civil service. The Committee hopes that the Government will take this opportunity to bring its legislation into conformity with the Convention on this point, limiting the deferral of holidays to exceptional cases and in respect of the part of the holidays in excess of the minimum of six working days. It requests the Government to keep the Office informed of any developments in this field and to supply a copy of any relevant legislative text once it is adopted.

Article 2, paragraph 3. Illnesses or accidents occurring during holidays. Further to its previous comment, the Committee notes that the Government’s report does not contain any new information on this point. The Committee requests the Government once again to indicate the legislative or regulatory provisions which ensure that interruptions of attendance at work due to sickness or accident are not counted in the period of annual holiday with pay, as required by this Article of the Convention.

Article 2, paragraph 5. Gradual increase of the annual holiday with pay. The Committee notes the Government’s statement to the effect that there are no legislative provisions which require the duration of the annual holiday with pay to increase with the length of service, but that the current legislation does not prohibit such an arrangement in the context of collective agreements or individual contracts, or made unilaterally by the employer. The Committee requests the Government to supply copies of collective agreements which provide for such an increase.

Part V of the report form. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services indicating the number and nature of infringements reported and penalties imposed, information on the number of workers covered by the legislation, etc.