Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Peru

Hours of Work (Industry) Convention, 1919 (No. 1) (Ratification: 1945)
Holidays with Pay Convention, 1936 (No. 52) (Ratification: 1960)
Holidays with Pay (Agriculture) Convention, 1952 (No. 101) (Ratification: 1960)

Previous comments: C.1, C.52 and C.101

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work, industry), 52 (holidays with pay) and 101 (holidays with pay, agriculture) in a single comment.

Hours of work

Article 8(2) of Convention No. 1.Application in practice. The Committee notes the indication of the Autonomous Workers’ Confederation of Peru (CATP) that limits on working hours are exceeded in certain cases (for example, in port enterprises, in the road transport sector and the urban passenger transport sector, in micro-, small and medium-sized enterprises and in the context of subcontracting) and that the labour inspection services only engage in limited action in this regard. The CATP adds that, according to the latest report of the National Institute of Statistics and Information Technology, only two out of ten workers are in the formal sector, as a result of which 80 per cent of workers do not have labour rights and have to work more than eight hours a day. The Committee requests the Government to provide its comments in this regard

Holidays with pay

Articles 2(3) and 8 of Convention No. 52 and Articles 5(d) and 10 of Convention No. 101. Illness that occurs during holidays. Public and customary holidays. The Committee notes the Government’s indication that section 13 of Legislative Decree No. 713 provides that periods of incapacity shall not be taken into consideration during holiday periods. It also indicates that the national legislation does not deduct from annual holidays interruptions of work due to illness or accident and that, on the contrary, in accordance with section 12 of Legislative Decree No. 713, for the purposes of the vacation record, the holiday period for the previous year, as well as absences for common illnesses, employment injury and occupational diseases, are considered as effective days of work. It therefore adds that absences from or interruptions of work do not affect the right of workers to annual holidays.

The Committee notes the concern expressed by the CATP in its observations at the application in practice of section 13 of Legislative Decree No. 713. It indicates in particular that, in order to avoid the long delay in the processing of their benefits by social security institutions, when workers take more than 20 days of leave for illness, they prefer to use their days of holiday during this period so that it is their employer that pays their monthly earnings. The Committee also notes the CATP’s indication that the National Labour Inspection Authority (SUNAFIL) does not have a plan of action to monitor or verify that holidays are accorded correctly and that they are not used to cover the illness or injury of workers. The CATP adds that section 13 of Legislative Decree No. 713 should be reformulated to specify that the employer shall not count public holidays during the period of holiday leave, and that workers are entitled to benefit from their days of leave without public holidays being counted as part of their holidays. The Committee requests the Government to provide its comments in this regard.

Specific issues related to holidays with pay in agriculture

Article 3 of Convention No. 101. Minimum duration of annual holiday with pay. With reference to its previous comments, the Committee notes that the Government reports the adoption of Act No. 31 110 on the agricultural labour system and incentives for the agricultural and irrigation sector, agricultural exports and agro-industry, published on 31 December 2020, and its regulations published on 30 March 2021. In this regard, the Committee notes the Government’s indication that, under section 12 of the Regulations of Act No. 31 110, the right of agricultural workers to holidays is regulated by the provisions of Legislative Decree No. 713. The Committee therefore observes that workers covered by the system set out by Act No. 31,110 are entitled to 30 calendar days of holiday for each complete year of work (section 10 of Legislative Decree No. 713). The Committee notes this information, which responds to its previous request.