Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Peru (Ratification: 1960)

Article 4 of the Convention. Scope - associations and cooperatives. Section 77 of Legislative Decree No. 653 (to promote agrarian sector investment) places agricultural workers under the private sector work regime. However, the same provision excludes from this regime workers who are members of an association or cooperative, who are subject to specific regulations. The Committee requests the Government to indicate the legislative provisions that apply to these workers and to provide a copy of them.

Article 5(a). Young workers. Section 51 of the Children’s and Young Persons’ Code sets the minimum age for agricultural work at 15 years. As the Committee has noted in its observation on the application of Convention No. 52, it infers from the Government’s information that under section 61 of the abovementioned Code, young workers who are not in education are likewise entitled to holiday with pay. The Committee requests the Government to specify the length of such holiday. Noting that work of apprentices are excluded from the scope of the Children’s and Young Persons’ Code and is covered by separate regulations, the Committee requests the Government to indicate the provisions on holidays with pay that apply to apprentices and to provide a copy of them.

Article 5(b). Gradual increase in the duration of annual paid holiday. The Committee requests the Government to state whether the duration of the annual holidays with pay increases with the worker’s length of service.

Article 5(c). Proportionate holiday. The Government is asked to specify whether workers whose period of continuous service is too short to qualify them for full annual holidays with pay pursuant to Legislative Decree No. 713 are entitled to proportionate holidays or payment in lieu thereof. The Committee also requests the Government to specify the minimum length of service, if any, for such entitlement.

Article 10 and Part III of the report form. The Committee requests the Government to provide information on the system of inspection and supervision responsible for ensuring the application of the Convention.

Article 11 and Part V of the report form. The Government is invited to provide information on the number and categories of workers protected by the Convention, and on the inspectorate’s activities that concern holidays with pay in agriculture.

Part IV of the report form. The Committee requests the Government to indicate whether courts of law have given decisions involving questions of principle relating to the application of the Convention and, if so, to supply a copy of them.