Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee takes note of Legislative Decree No. 276 (Law of the Bases of the Administrative Career and Remuneration in the Public Sector) and the new Code of Children and Adolescents (Law No. 27337) of 7 August 2000.

Article 1, paragraph 1, of the Convention. The Committee notes that public servants are entitled to 30 days of paid annual leave, as provided for under section 24, paragraph (d), of Legislative Decree No. 276. It further notes section 2 of the Decree, which states that public servants under contract and officials with political or confidential functions are only covered by the provisions of the Decree, "as far as they are applicable", and that they are not applicable to the armed forces, the police forces and workers of state undertakings and of mixed companies. The Government is requested to indicate the legislative provisions that govern annual holidays with pay for these categories of workers in the public sector.

Article 2, paragraphs 1 and 4. The Committee notes that section 24, paragraph (d), of Legislative Decree No. 276 permits agreements on the accumulation of holidays up to two periods. It recalls that the Convention entitles the worker, after one year of continuous service, to a minimum annual holiday with pay of six working days. In special circumstances, any part of the annual holiday that exceeds the stated minimum duration prescribed by the Convention may be divided into parts. The Committee asks the Government to indicate in its next report the legislative measures taken or envisaged to ensure the application of the Convention in this respect.

Article 2, paragraph 2. The Committee notes from the report that equal rights for all persons are established in section 2 of the Constitution and that Legislative Decree No. 713 does not make any distinction in respect of age, sex or economic conditions. Thus, section 10 of the Decree also entitles young workers to 30 calendar days of paid annual holidays, after one year of continuous service. The Committee recalls, however, that the Decree is restricted to activities in the private sector. It therefore requests the Government to inform it of any legislation, which would ensure annual holidays with pay for young workers in the public sector. The Committee notes the indication in the report that young workers under 16 years of age, in general, still attend school. For this group, section 61 of the new Code of Children and Adolescents (Law No. 27337) requires the employer to make work compatible with regular school attendance and to grant annual holidays with pay simultaneously with school holidays, which usually last from the middle of December until April of the following year. Notwithstanding, it does not become clear from the text of the Code, whether, for instance, young persons under 16 years who do not go to school, have the right to at least 12 working days of paid annual holidays, after one year of continuous service, as required by the Convention. Please provide information as to how this requirement of the Convention is satisfied in the public as well as in the private sector.