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

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

The Committee notes the Government’s report and its response to previous comments. It requests the Government to provide further information on the following points.

Article 2 of the Convention. The Committee notes that section 25 of the Political Constitution of 1993 provides the right of workers to weekly rest and that its enjoyment and compensation shall be regulated by law or agreement. It further notes that Legislative Decree No. 276 of 6 March 1984 on the administrative career and remuneration in the public sector, and the rules approved by Supreme Decree No. 005-90-PCM of 17 January 1990 do not contain any such regulations of weekly rest for persons employed in public establishments, institutions or administrative services, whereas, according to the Government’s indication, section 2 of Legal Decree No. 800 provides a specific daily working time in the public administration from Monday to Friday. This would imply a weekly rest of two days. The Committee requests the Government to indicate further references (time and place of publication) of Legal Decree No. 800 and to supply a copy of its text.

Article 3, paragraph 3. The Committee notes from the Government’s information that work and rest time for journalists are regulated by Law No. 24724 and Supreme Decree No. 001-8-TR, and for artists by Law No. 19479, Law of the Artist. It further notes that, in the absence of specific regulations, the general provisions of Legislative Decree No. 713 of 7 November 1991 on weekly rest apply, as far as the private sector is concerned. The Committee again asks the Government to provide further details on whether specific regulations exist on weekly rest for all persons employed in establishments, institutions and administrative services providing personal services, in post and telecommunication services and in places of public entertainment, whether public or private.

Article 7, paragraphs 1 and 2. The Committee notes that according to the Government, Official Communication No. 011-94-RR-PP of the Labour Ministry leaves it to the contracting parties of employers and workers to substitute a weekly rest day by a legal non-working day and does not affect the compulsory weekly rest day laid down in the Constitution and Legislative Decree No. 713. It further notes that Legal Decree No. 25921 of 27 November 1992 and National Directive No. 001-93-DNRT of the Labour Ministry govern the right of employers to modify working time and the procedure to be followed in such cases. The Committee requests the Government to supply a copy of National Directive No. 001-93-DNRT.

Article 8, paragraph 3. The Committee refers to its previous comments on section 3 of Legal Decree No. 713 and notes that the information provided by the Government does not reply to them. This provision conflicts with the Convention as long as it does not provide compensatory rest for the worker who has worked on a weekly rest day. The Committee reiterates that monetary compensation must not replace compensation by another rest day. It again requests the Government to indicate the measures taken or envisaged to ensure to the persons concerned the compensatory rest provided for Article 8, paragraph 3.