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

Hours of Work (Industry) Convention, 1919 (No. 1) - Peru (Ratification: 1945)

Articles 2 and 5 of the Convention. Averaging of hours of work. In its previous comment the Committee noted that section 2(1)(b) and (c) of Legislative Decree No. 854 on hours of work (consolidated by Supreme Decree No. 007 2002-TR), that allows the uneven distribution of working hours in the same week, or the reduction or increase of the number of working days during the week, on condition that weekly hours of work do not exceed an average of 48 hours, is not consistent with the requirements of Articles 2(b) and 5 of the Convention. Noting that the Government’s report does not provide new information on this point, the Committee is bound to recall that the Convention permits the variable distribution of working hours within a week on condition that the daily limit of eight hours is not exceeded by more than one hour (Article 2(b)) and also permits the averaging of hours of work over a period longer than a week only in exceptional cases where it is recognized that the limits on normal daily and weekly hours of work cannot be applied (Article 5). The Committee accordingly asks the Government to consider the possibility of revising the relevant provisions of the Legislative Decree No. 854 to ensure that they are brought fully into line with these Articles of the Convention and inform the Office of any revision.

Article 6. Circumstances in which temporary exceptions may be permitted. Overtime pay. The Committee has been commenting on sections 9 and 10 of Legislative Decree No. 854 which do not define the circumstances in which overtime work may be carried out and also allow for overtime pay to be replaced by compensatory rest. In this connection, the Committee notes the comments of the Single Confederation of Workers of Peru (CUT), which were received on 25 June 2013 and transmitted to the Government on 9 July 2013. The CUT indicates that the legislation on overtime work is not complied with, especially in the case of small enterprises where workers are often assigned specific tasks that need to be completed irrespective of the number of hours of work involved. In addition, the CUT denounces cases where employers alone establish that work is urgent and necessary, and therefore overtime work becomes compulsory. The CUT also refers to cases in which only time off, instead of extra pay, is offered in compensation of overtime. In its reply, the Government states that the allegations regarding lack of effective supervision are not corroborated by any facts and refers to labour inspection data that show that the number of overtime-related infringements recorded in the period between 2010 and 2012 has been on the increase. The Committee once again recalls that under the Convention overtime work may only be authorized in exceptional cases of pressure of work and overtime pay at a rate at least 25 per cent higher than the normal wage rate must be paid in all cases. The Committee accordingly asks the Government to take the necessary measures to ensure compliance with the Convention on these points.