Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 2(3) of the Convention. Illness or injury that occur during holidays. In previous comments, the Committee requested the Government to clarify whether, under section 13 of Legislative Decree No. 713, interruptions of attendance at work due to sickness are included in a worker’s annual holidays with pay. In the absence of any explanations in this regard, the Committee again requests the Government to indicate the legal provisions which prohibit interruptions of attendance at work due to sickness or accident to be deducted from annual leave even when such periods of incapacity for work occur during the period of annual leave. The Committee notes, parenthetically, that because of the difficulties experienced by many countries in complying with this requirement, particularly in the mandatory form used in this Article of the Convention, Article 6(2) of the Holidays with Pay Convention (Revised), 1970 (No. 132), was deliberately drafted in more flexible terms leaving it to the competent authority to determine the conditions under which periods of incapacity for work resulting from sickness or injury might not be counted as part of the minimum annual holiday with pay.

Articles 4 and 6. Monetary compensation for leave not taken. The Committee notes that under section 23 of Legislative Decree No. 713, where workers have not used their entitlement to leave in the year following the one in respect of which the entitlement was acquired, in addition to their regular pay they receive compensation and allowance for the days of holidays lost. The Committee recalls, in this respect, that even though the Convention does not contain any provision on the postponement or accumulation of holidays, the essence of annual holidays is that, in the course of the year, workers must be granted at least part of their leave in order to enjoy a minimum amount of rest and leisure. According to the spirit of the Convention, therefore, days of annual leave not taken should not be lost or compensated, except in the case of termination of the employment contract. The Committee recalls that the same principle is reflected in Articles 11 and 12 of Convention No. 132. The Committee accordingly requests the Government to take appropriate measures to ensure that the national legislation is fully aligned with the letter and spirit of the Convention in this respect.