Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Peru

Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) (Ratification: 1962)
Minimum Wage Fixing Machinery (Agriculture) Convention, 1951 (No. 99) (Ratification: 1960)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 and 99 together. The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP) on the application of Conventions Nos 26 and 99, received in 2017, and the Government’s reply to these observations.

Article 2 of Convention No. 99. Partial payment of minimum wages in kind. In its previous comments, the Committee noted the Government’s indication that the conditions for the payment of wages in the form of allowances in kind and their limits were regulated by Legislative Decree No. 14222 of 1962 and its Regulations (Presidential Decree No. 007) of 1965. In particular, the payment of wages in kind was regulated by sections 10, 11 and 13 of Legislative Decree No. 14222. In this regard, the Committee notes the information available on the webpage of the Peruvian Legal Information System of the Ministry of Justice and Human Rights, according to which Decision No. 582-2013-MTPE-4, of 5 March 2013, of the Ministry of Labour and Employment Promotion, indicates that sections 10 and 13 of Legislative Decree No. 14222 have been tacitly repealed in line with sections 1 and 2 of Act No. 28051 respecting food allowances for workers subject to the private sector labour regime of 2003. The Committee understands that section 11 of Legislative Decree No. 14222 has not been repealed. The Committee requests the Government to confirm whether section 11 of Legislative Decree No. 14222 and its regulations continue to cover the partial payment of wages in kind and, if so, to provide information on the application of assessment criteria and limits to such payments in practice, and particularly in relation to the payment of minimum wages to workers in the agricultural sector.

Article 3(1) and 2(1) and (2), of Convention No. 26, and Article 3(1), (2) and (3) of Convention No. 99. Minimum wage-fixing machinery. Participation of the social partners. With reference to its previous comments, the Committee notes the Government’s replies in its report to the observations of the General Confederation of Workers of Peru (CGPT) and the information provided on the General Labour Bill. The Committee also notes the indication by the CATP in its observations that workers in the agricultural sector are not consulted in relation to their minimum wage and that the special labour regime applicable to the sector has not been taken into account in the National Labour and Employment Promotion Council (CNTPE). Moreover, it refers to the suspension of the work of the CNTPE. The Committee requests the Government to provide information on the manner in which workers in the agricultural sector are consulted on or participate in the CNTPE with a view to the determination or application of the minimum wage-fixing machinery covering the sector. Furthermore, taking into account the fact that the operation of the CNTPE is under examination in the framework of the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144), the Committee refers to its comments on the application of that Convention.

Article 4 of both Conventions. Supervision and sanctions. The Committee notes the indication by the CATP in its observations that the labour inspection system is confronted with operational problems, particularly in relation to micro-enterprises, as a consequence of the shortage of human, financial and material resources, as well as the reduction in the penalties in place for failure to comply with the social and labour provisions applicable to such enterprises, including in relation to the minimum wage. The Committee requests the Government to provide updated information on the labour inspections undertaken in relation to the payment of the minimum wage, including the number of inspections conducted, the number of workers involved, the violations detected and the penalties imposed. The Committee also refers to its comments on the application of the Labour Inspection Convention, 1947 (No. 81).