Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Peru (Ratification: 1988)

Further to its previous comment, the Committee notes the information in the Government's latest report and, in particular, the adoption of Legislative Decree No. 713 of 8 November 1991 and Supreme Decree No. 012-92-TR concerning paid rest for workers in private activities. The Government is requested to provide further clarification on the following points.

Article 2 of the Convention. The Committee notes that the above-mentioned decrees would appear to apply only to workers in private undertakings. The Government is requested to indicate the manner in which the Convention is applied to public establishments, institutions and administrative services in which the persons employed are mainly engaged in office work, in accordance with this Article of the Convention.

Article 3. The Committee notes from the Government's report that telecommunications services, newspaper undertakings and places of recreation and entertainment are subject to special weekly rest schemes, but would seem, nevertheless, to be covered overall by the provisions of the legislation. The Government might, therefore, wish to consider the communication a declaration to the Office, under paragraph 2 of this Article, accepting the obligations of the Convention in respect of the establishments referred to in paragraph 1(b), (c) and (d). Furthermore, the Government is requested to indicate the extent to which effect has been given or is proposed to be given to the Convention in respect of personal services, in accordance with paragraph 3 of this Article.

Article 6, paragraph 4. The Government is requested to indicate the manner in which the traditions and customs of religious minorities are respected, as far as possible, as regards weekly rest.

Article 7, paragraph 1. The Committee notes that Legislative Decree No. 25921 sets forth the procedures to be followed with respect to decisions taken on the initiative of the employer to change, among others, the days of work. The Government is requested to indicate whether the changes which might be proposed by the employer in this regard must, nevertheless, meet the conditions set forth under section 2 of Legislative Decree No. 713.

Article 7, paragraph 2. The Committee notes that section 2 of Legislative Decree No. 713 provides that, whenever the requirements of production render it necessary, the employer may establish alternative schemes or the accumulation of workdays and rest days while respecting the legal proportion, or designate a day other than Sunday as a weekly rest day. It further notes the indication in the Government's report that this permits a rotation system whereby workers can periodically benefit from the right to weekly rest. The Government is requested to indicate whether the workers to whom special weekly rest schemes apply because of the nature of the work, the nature of the service performed, the size of the population to be served or the number of persons employed, in accordance with paragraph 1 of this Article, are guaranteed a rest period of at least 24 hours in respect of each period of seven days.

Article 10, paragraphs 1 and 2. The Government is once again requested to provide any information available on the working of inspection in relation to weekly rest, as well as the penalties which may be imposed to ensure the proper administration of the regulations which give effect to the Convention.

Article 11(b). The Government is requested to indicate, in its next report, the types of circumstances which might be invoked under section 2 of Legislative Decree No. 713 resulting in temporary exemptions permitted under Article 8 of the Convention.