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

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

Article 2 of the Convention. Scope of application - Public administration. The Government attaches to its report a copy of Legislative Decree No. 800 of 30 December 1995, which provides in section 2 that the continuous working day in the public administration is 7 hours and 45 minutes, from Monday to Friday, which represents a weekly rest of two days. The Legislative Decree indicates that it amends section 1 of Legislative Decree No. 18223. The Committee requests the Government to provide a copy of this latter text.

Article 3, paragraph 3. Application of the Convention to additional categories of establishments. The Government indicates in its report that there are no specific provisions governing the weekly rest of persons employed in establishments, institutions and administrative services providing personal services, post and telecommunications services and theatres and places of public entertainment. It adds that Legislative Decree No. 713 and its implementing regulations No. 012-92-TR are applicable to these establishments. However, these texts only cover the private sector. The Committee requests the Government to indicate the weekly rest provisions applicable to such workers when they are employed in public establishments.

Article 8, paragraph 3. Temporary exemptions - Compensatory rest. In its report, the Government indicates that no amendment has been made to section 3 of Legislative Decree No. 713. Under the terms of this provision, employees who work on a rest day without compensatory rest during the course of the week benefit from an increase in their wage rate of 100 per cent. However, Article 8, paragraph 3, of the Convention establishes the obligation to grant compensatory rest to workers covered by a temporary exemption, whether or not they receive payment in compensation. The Committee urges the Government to indicate the measures adopted or envisaged to ensure compliance with the Convention on this point.