Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Convention (n° 156) sur les travailleurs ayant des responsabilités familiales, 1981 - Pérou (Ratification: 1986)

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), the Confederation of Workers of Peru (CTP), the General Confederation of Workers of Peru (CGTP) and the Single Confederation of Workers of Peru (CUT-Peru), received on 1 September 2021. The Committee requests the Government to send its comments in this regard.

Measures during the COVID-19 pandemic. The Government indicates that in the context of the COVID-19 pandemic, various measures have been adopted to make it easier to reconcile work and family life, such as paid leave, reduced working hours and temporary leave with subsequent compensation, reorganization of hours of work, and the facilitation of remote work until July 2021, with guarantees of the right to have rest periods and the right to disconnect. The Committee also notes that the workers’ organizations, in their observations, indicate that in practice the flexibility measures adopted during the COVID-19 pandemic involved an excessive extension of working time for women, either in terms of increased demand for care services or as a result of an extended working day.

Article 3 of the Convention. National policy. The Committee notes the Government’s reference in its report to the joint implementation, with other stakeholders, of the Sectoral Plan for Equality and Non-Discrimination in Employment and Occupation 2018–21, and its indication that the National Employability Programme promotes participation in services to persons with family responsibilities, with the design of vocational training and self-employment services focusing on men and women beneficiaries who are heads of households and have children, including young heads of households and young persons with children. In this regard, the Committee notes the observations of the CGTP, CUT-Peru, CTP and CATP, indicating that the National Gender Equality Policy adopted in 2019 includes, in guideline 4.1, the implementation of a national care system with gender mainstreaming for persons in situations of dependence, but also that there is no information on the evaluation of the National Gender Equality Plan 2012–17 or of the National Family Support Plan 2016–21. With regard to the evaluation of policies, the Committee refers to its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Committee requests the Government to provide information on the results achieved through the National Family Support Plan 2016–21, the National Gender Equality Plan 2012–17 and the Trabaja Perú (Peru at work) programme, and also through any other policy or programme implemented to promote the rights of workers with family responsibilities. The Committee also requests the Government to provide information on the implementation of specific measures under the National Employability Programme and the National Gender Equality Plan 2012–17 aimed at addressing the situation of workers with family responsibilities.

Article 4. Equality regarding conditions of employment. The Committee notes that, with regard to its request for information on the adoption of measures to ensure equal conditions of employment for workers with family responsibilities, the Government indicates that: (1) Act No. 31110 regulating work in agriculture and incentives for agriculture and irrigation, agri-exports and agro-industry (published on 31 December 2020) recognizes the right of pregnant women to pre- and post-natal leave, nursing (breastfeeding) breaks, protection in situations of risk and a maternity and nursing allowance in accordance with the applicable laws and regulations; (2) in line with the objective of the National Competitiveness and Productivity Plan 2019 to enable the organization of part-time work calculated on the basis of weekly working hours, a normative proposal is being prepared to enable the conclusion of contracts more in line with workers’ needs; and (3) according to the study entitled “Women in the Peruvian civil service 2020”, which analyses public sector workers’ access to nursing (breastfeeding) areas, there was a 5 per cent increase in the number of nursing areas in 2019. The Committee also notes the information referred to by the Government in its report on the national-level review of the implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report),on: (1) follow-up and monitoring of the implementation and functioning of institutional nursing areas via the National Gender Equality Policy 2019 (guideline 4.3); (2) according to data provided by 29 entities, in 2018 maternity leave was granted to 3,662 women and paternity leave to 2,708 men, and 1,552 nursing areas were established in the public and private sectors. The above-mentioned report also refers to the adoption of Act No. 30807, which increases paternity leave to 10 days per year, to 20 days for premature or multiple births, and to 30 days for a birth with a terminal congenital illness or severe disability and where there are serious complications for the mother’s health; and to the adoption of Legislative Decree No. 1405, which establishes that employees can take up to seven days of their vacation entitlement in split periods of at least half a day in order to reconcile employment with personal and family life. The Committee requests the Government to provide information on the number of workers who have availed themselves of maternity or paternity leave, and also on flexible or part-time working arrangements for dealing with family responsibilities.

Article 5. Childcare and family services and facilities. The Committee notes that the Government does not provide any information on the availability of public care and assistance services in urban and rural areas, or on the implementation of the Cuna Más National Programme or of any other relevant measure. The Committee notes according to the Beijing+25 national report: (1) 60,695 women benefited from the day-care service for children under 3 years of age provided by the Cuna Más Programme and in 2018 a total of 3,407 day-care centres or homes were established through the programme; and (2) in the context of care services for adults in situations of economic and social neglect or vulnerability, there are 32 accredited centres covering 1,364 persons. The Committee once again requests the Government to provide up-to-date information on the availability of public care and assistance services in urban and rural areas, and also on the implementation of the Cuna Más National Programme and on any other relevant childcare or family assistance measures.

Article 6. Appropriate measures to promote better understanding of the principle of equality of opportunity and treatment for men and women workers, and of the problems of workers with family responsibilities. The Committee notes that the Government, in relation to legislative initiatives on part-time work and telework, carried out activities to promote dialogues and exchanges of practices and experiences relating to promotion of the work-life balance. The Committee also notes that according to the Beijing+25 national report, priority objective No. 6 of the National Gender Equality Policy 2019 (“to reduce the impact of discriminatory socio-cultural patterns on the population”) establishes guideline 6.3 on support and counselling for families with regard to sharing care responsibilities. The Committee requests the Government to provide information on awareness-raising and information measures to promote better understanding of the problems faced by workers with family responsibilities, including those implemented under the National Gender Equality Policy 2019.

Article 8. Protection against dismissal. The Committee notes the Government’s indication that Act No. 30709 prohibiting gender pay discrimination prohibits dismissal and non-renewal of contracts on grounds related to pregnancy and nursing (breastfeeding), and that Act No. 31110 prohibits the dismissal of women workers on grounds of pregnancy or nursing. The Government also states that in 2021 there were 1,580 inspection orders relating to verification of arbitrary dismissals and penalties were imposed in four cases. With regard to the Committee’s request for information on the application of the Labour Productivity and Competitiveness Act, the Government indicates that, on the subject of non-compliance with socio-labour regulations concerning working mothers during pregnancy and nursing, in 2021 there were 187 inspection orders and penalties were imposed in five cases. The Committee requests the Government to provide detailed information on any cases of dismissal involving workers with family responsibilities, including on grounds of pregnancy or nursing, which have been identified by the labour inspectorate and on any ruling handed down by the courts, as well as penalties imposed and compensation awarded.

Articles 6 and 11. Information and participation of workers’ and employers’ organizations. The Committee notes that the Government refers to the organization of training activities, workshops, forums and videoconferences relating to the work-life balance but that it does not indicate whether these activities were carried out in collaboration with employers’ and workers’ organizations, or whether members of these organizations were able to benefit from such measures. The Committee is bound to reiterate its request to the Government to collaborate with employers’ and workers’ organizations in the formulation and implementation of measures designed to give effect to the provisions of the Convention, and to provide information in this regard.