Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Workers with Family Responsibilities Convention, 1981 (No. 156) - Peru (Ratification: 1986)

1. Articles 1 and 3 of the Convention. National policy regarding workers with family responsibilities. The Committee notes with interest that section 6(f), final part of Act No. 28983 (the Act on equality of opportunity for men and women) adopted on 12 March 2007, provides that “labour rights include the harmonization of family and work-related responsibilities”. The Committee welcomes this provision which, under the terms of section 6, has to be given effect in policies, plans and programmes, and thus may provide an important framework for the application of the Convention. The Committee requests the Government to keep it informed of the policies, plans and programmes adopted under this legislation, in particular pursuant to section 6(f) and on their application in practice.

2. Specific employment programmes for women workers with family responsibilities. The Committee notes the information provided by the Government, but considers that the information supplied is not sufficient to enable it to assess the manner in which the specific employment programmes benefit women with family responsibilities (without age limits), as set out in section 37(a) of Supreme Decree No. 002-97-TR. Please provide more detailed information, including statistics if any, on this matter.

3. Article 4. Terms and conditions of employment. The Committee notes the information provided by the Government and observes that it does not provide a clear indication of the types of leave available that give effect to the Convention in law. The Committee draws the Government’s attention to Paragraphs 22 and 23 of the Recommendation and paragraphs 157–172 of its General Survey on workers with family responsibilities of 1993. The Committee requests the Government to take the necessary measures to give effect to Article 4 of the Convention in relation to leave and to keep it informed of any measure adopted in this respect.

4. Article 5. Community planning and services. The Committee notes the full information provided by the Government on the Wawa wasi programme. Please provide specific information regarding the extent to which the needs of men and women workers with family responsibilities are taken into account in the planning of local and regional community services, with particular reference to the application of section 6(f) of Act No. 28983.

5. Article 6. Information and education.  In its previous comments, the Committee requested information on the dissemination of the provisions of Convention No. 156 to the authorities responsible for planning, vocational training and employment so that they can be taken into account in the development of their various activities. The Committee notes that the information provided in the report does not reply to the request made by the Committee. Recalling that Article 6 establishes the obligation for governments to promote information and education which engender a broader public understanding of the principles of the Convention and the problems of workers with family responsibilities, the Committee once again requests the Government to give effect to this Article of the Convention and to provide information in its next report on the activities carried out to this end.

6. Articles 8 and 11. The Committee regrets that once again the report does not contain information relating to the requests that the Committee has been making since 1993 in relation to Articles 8 and 11 of the Convention and it urges the Government to provide the information requested. The relevant paragraphs of its previous direct request, which read as follows:

Article 8. The Committee requests the Government to provide information on any legislative provisions, collective agreements or court decisions ensuring that family responsibilities cannot constitute a basis for the dismissal of workers.

Article 11. The Committee once again requests the Government to supply information on the manner in which employers’ and workers’ organizations participate in the application of the provisions of the Convention.