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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Peru (Ratification: 1988)

Article 3, paragraph 3, of the Convention. Scope of application. The Committee notes the detailed information provided by the Government concerning the legislative provisions governing the weekly rest of persons employed in the post and telecommunications services and also in theatres and places of public entertainment.

Article 8, paragraph 3. Compensatory rest. The Committee notes the Government’s statement that section 3 of Decree No. 713 – which provides for monetary compensation in lieu of compensatory rest – has not been amended. However, the Committee notes the indication that discussions have begun within the labour and promotion of employment unit – forming part of the National Council for Labour and the Promotion of Employment (CNTPE) – in order to bring the national legislation into line with the provisions of the Convention. These discussions led to amendments to the sections relating to weekly rest, which have been transcribed into a draft General Labour Act.

More specifically, the Committee notes that section 273 of this draft provides that “where, for reasons connected with production, the employer chooses a different rest day from the one initially provided for, he has also to determine the day on which workers will have their compensatory rest, collectively or individually”. However, it notes that section 276 provides that “employees who work on their weekly rest day, without that day being compensated during the following seven days, must be remunerated with a bonus representing 100 per cent of normal pay”. The Government points out that section 276 is not in conformity with the Convention but that the competent departments intend to continue their discussions on this point in order to ensure that the national legislation is brought into line with the Convention. The Committee therefore requests the Government to keep the Office informed of any developments in this area and to send a copy of the amended text of the General Labour Act once it has been adopted.

Part V of the report form. Practical application. The Committee notes the detailed information supplied by the Government concerning inspections conducted in 2008. The Committee requests the Government to continue providing general information on the manner in which the Convention is applied in practice, including, for example, extracts from reports of inspection services indicating the number and nature of infringements reported and penalties imposed, information on the number of workers covered by the relevant legislation, etc.