Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Employment Policy Convention, 1964 (No. 122) - Peru (Ratification: 1967)

With reference to its observation of 2009, the Committee notes the information supplied by the Government in the report received in September 2010. The Committee also notes the joint comments from the General Confederation of Workers of Peru (CGTP), the Single Confederation of Workers of Peru (CUT), the Confederation of Workers of Peru (CTP) and the Autonomous Confederation of Workers of Peru (CATP) dated 27 August 2010, from the Lima Chamber of Commerce (CCL) dated 28 August 2010, and from the CGTP dated 31 August 2010.

Articles 1 and 2 of the Convention. Formulation of an active employment policy. The Government indicates that, in July 2009, by means of Ministerial Decision No. 160-2009-TR1, the “Guidelines on social and labour policy 2009–11” were approved. The Decision contains the foundations for the formulation and implementation of the “Sectoral plan of action for the promotion of youth employment 2009-II-2012-I”, the formulation of national employment policies, the setting up of the Directorate of Labour Migration and the National Employment Service, and also the establishment of the Revalora Peru programme, the restructuring of the “PROJOVEN” programme and the reinforcement of the Construyendo Peru programme. The trade unions again express their concern at the lack of a national employment plan, without which it is difficult to apply the guidelines adopted in July 2009 and achieve their objectives. Moreover, the trade unions consider that the policies formulated to promote employment do not contribute to an overall, integrated decent work strategy and tend to make conditions of work more precarious. The Committee notes the information provided by the Government in its report, reflecting a recovery in economic activity in the first quarter of 2010, which had a positive impact on labour indicators in comparison with those for the same period in 2009. According to data published by the ILO in the Labour Overview, Panorama Laboral 2010, the unemployment rate stood at 8.1 per cent and the underemployment rate owing to insufficient hours of work stood at nearly 16 per cent. The Government indicates that the impact of the international financial crisis was seen in a sharp drop in foreign demand during 2009. In order to alleviate its impact, measures were adopted to sustain domestic demand and from the third quarter of 2009 onwards economic activity began to recover. The Revalora Peru programme promotes employment and improves the employability of the unemployed and of workers who risk becoming unemployed owing to the global crisis or as a result of changes occurring in the country’s economic sectors. The programme also seeks to increase business competitiveness by means of training services, consultancy, technical assistance and links between enterprises. According to Government data, the programme had provided training for 28,474 persons up to April 2010, of which 39 per cent were women and 61 per cent were men. The CGTP points out that investment in infrastructure, colleges and health centres and investment in social expenditure could generate many temporary jobs in areas where mass unemployment occurred as a result of the crisis. The Committee recalls that the Convention invites member States to take steps to implement active labour market measures and to keep those measures under review, within a clearly defined and established framework. The Convention accordingly asks governments and the social partners to periodically review their labour market measures to evaluate their effectiveness in achieving full employment (2010 General Survey concerning employment instruments, paragraphs 785 and 786). The Committee requests the Government to indicate in its next report whether a national employment plan was adopted, and how it is ensured that the social partners participate in the review and evaluation of the measures adopted to achieve full employment. The Committee requests the Government to include information in the report on the situation, level and trends of employment, unemployment and underemployment in both urban and rural areas of the country.

Article 3. Participation of the social partners in the formulation and implementation of employment and vocational training policies. The Government indicates that the process of drawing up national employment policies has been public and participatory, with contributions and comments from the employers, the workers and the general public, with the goal of promoting the creation of decent work, especially identifying the different features and needs of men and women from vulnerable groups of the population. The trade unions state that the Government was unwilling to subject employment policies to the process of social dialogue and that the Technical Employment Committee of the National Council for Labour and Employment Promotion (CNTPE) has not met since October 2007. The Committee requests the Government to provide information in its next report on the manner in which it is ensured that the views of the representatives of the social partners (including representatives of workers in the rural sector and the informal economy) are taken fully into account in formulating employment policies and obtaining the necessary support for their implementation.

Precarious employment and the informal economy. The Committee observes that informal work continues to involve large sections of the population, with nearly seven in ten persons outside the agricultural sector engaging in some kind of informal employment. In the first half of 2010, a total of 4,426 enterprises and 17 formalization offices and information booths catering for micro- and small enterprises were established, providing assistance, advice and training in that sphere. The Ministry of Production, through the CRECEMYPE programme, provides users with brochures and publicity material to inform them of the procedures to follow to formalize their businesses and the profits made. Priority sectors are wood and carpentry, textiles, craftwork, tourism, catering, leather, footwear and agro-industry. The trade unions have repeatedly expressed concern, stating that measures to promote micro- and small enterprises may generate more precarious employment and have a negative impact on the rights of workers in micro-, small and medium-sized enterprises (2010 General Survey, paragraph 394). The trade unions repeat their concern in the observations received in August 2010 at the lack of consultation with regard to identifying and resolving the social problems that arise in micro-, small and medium-sized enterprises and in the informal economy. The CCL considers that the existing legislative machinery can facilitate the formalization of small and medium-sized enterprises. The Committee recalls that the Conference, in the conclusions relating to the promotion of sustainable enterprises (96th Session, June 2007), urged all enterprises, regardless of their size, to apply workplace practices based on full respect for fundamental principles and rights at work and international labour standards. The Committee requests the Government to include information in its next report which shows that while the creation of productive and sustainable employment in smaller enterprises is promoted, it is also ensured that the rights contained in ratified Conventions are applied to the workers in these enterprises.

Vulnerable categories of workers. The Government indicates that women, young persons, persons with disabilities and, in general, all groups with low skill levels tend to have a precarious footing in the labour market. The goal of the Construyendo Peru programme is to generate temporary employment and the development of skills for unemployed persons in situations of poverty and extreme poverty in urban and rural areas. The beneficiaries of the programme include significant numbers of women, young persons at risk, single mothers, persons with disabilities and older people. According to the information in the Government’s report, since July 2006 a total of 296,277 temporary jobs were created in 10,522 projects and 224,058 persons were trained to develop basic, technical and productive skills to improve their employability. The Committee requests the Government to include up-to-date information in its next report on the impact of the measures taken to ensure that the most vulnerable categories of workers obtain productive, high-quality employment.

Youth employment. The Government indicates that youth unemployment stands at 18.8 per cent. The Committee notes that the aim is to provide labour and social security incentives for employers in labour-intensive sectors with regard to placing young persons in jobs or training schemes. In addition, the aim is to strengthen the Vocational Guidance and Occupational Information Service vis-à-vis young persons, taking account of their needs and capacities and the requirements of the labour market. The Committee requests the Government to provide up-to-date information in its next report on the impact of the measures taken to stimulate youth employment, vocational training and the business development of young entrepreneurs. Furthermore, the Committee requests the Government to include information on the incorporation of the youth employment promotion policy in tripartite consultation bodies.

Coordination of training policies with employment. The Government indicates that the “National vocational training policy guidelines” (LNPFP) are being implemented to create more effective links between vocational training and the requirements of the labour market. Vocational training policies have been established in 18 regions, six of which have a regional vocational training plan. The Committee notes that the drawing up of various surveys on worker skills in different sectors served as the means for developing occupational profiles in the agro-industry and dock work and updating occupational profiles connected with tourism and the textile industry. Policies were also formulated to promote occupational, technical and vocational training, to increase access to high-quality technical training and various forms of retraining, and to enhance the development of entrepreneurial capacities in the workforce and the reinforcement of enterprises. The trade unions consider that the level of investment in education is abnormally low. The Committee requests the Government to provide information in its next report on the impact of regional policies and plans on promoting education and vocational training policies. It also requests the Government to include information on the coordination of education and vocational training policies with employment policies, especially how the supply of training is coordinated with the demand for knowledge and skills and the needs of the labour market.

Cooperatives. The Government recalls that the Ministry of Production is formulating policies and programmes to promote the creation of cooperatives, the formalization thereof and an increase in their competitiveness. The Committee notes that the “National plan for cooperative development” will lead in the medium term to a greater contribution by cooperatives to productive employment in the country. The IV National Economic Census of 2008 reveals that urban cooperatives have created 8,120 jobs but does not contain any information on rural service cooperatives. The trade unions reiterate their concern at Act No. 27626 regulating temporary work cooperatives, which they consider contributes towards evasion in the application of the labour legislation. The Committee again emphasizes the importance of ensuring the application of labour laws so as to avoid the emergence of “pseudo-cooperatives”, which are only intended to gain access to the benefits related to the status of cooperatives, such as tax advantages or social security benefits, while avoiding the application of labour legislation (2010 General Survey, paragraph 465). The Committee requests the Government to indicate in its next report the measures taken to combat and eliminate the practices of “pseudo-cooperatives”. The Committee refers to the Promotion of Cooperatives Recommendation, 2002 (No. 193), and requests the Government to include information on the manner in which cooperatives contribute to the promotion of productive employment.