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Article 5 of the Convention. Compensatory rest. Further to its previous comments concerning section 31 of Decree No. 244 of 1943 regulating the General Labour Act, which applies to all workers except agricultural workers, the Committee requests the Government to refer to its comments concerning Article 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).
The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:
Article 5 of the Convention. The Committee notes that the Government is requesting the Office’s technical and logistical assistance. It recalls that a draft Labour Code was completed with the assistance of the International Labour Office in 1988–1990. The Committee invites the Government to approach the Regional Office in Lima to examine the details of any further technical cooperation.
The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Article 5 of the Convention. The Government indicated in its last report that no progress had been made at the legislative level in guaranteeing compensatory periods of rest for workers employed on the weekly rest day. The Committee recalls that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 (a regulation issued under the General Labour Act) allows more latitude to the employer than is envisaged under the Convention. The Committee is bound to highlight with regret that since 1966 the Government has been indicating that amendments to the Labour Act will bring the national legislation into conformity with Article 5 of the Convention. The Committee notes that despite its numerous direct requests and observations for the past 34 years, the Government mentioned in its last report that the amendment of the General Labour Act is under preparation and will be completed within a “reasonable period”. The Committee urges the Government to continue its tripartite consultations and to take all the necessary measures to bring section 31 of Decree No. 244 (regulation issued under the General Labour Act) into conformity with the Convention. It hopes that new legislation will be adopted in the near future and requests the Government to indicate any progress made in this respect and to provide a copy of the relevant text once it has been adopted.
The Committee is also addressing a request directly to the Government on certain matters.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.
Article 5 of the Convention. Further to its observation on the same Convention, the Committee notes that the Government is requesting the Office’s technical and logistical assistance. It recalls that a draft Labour Code was completed with the assistance of the International Labour Office in 1988-1990. The Committee invites the Government to approach the Regional Office in Lima to examine the details of any further technical cooperation.
Article 5 of the Convention. In reply to the Committee’s previous observation, the Government indicates in its report received in September 2003 that no progress has been made at the legislative level in guaranteeing compensatory periods of rest for workers employed on the weekly rest day. In the absence of any progress, the Committee is bound to repeat its previous observation, which read as follows:
The Committee recalls that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 (a regulation issued under the General Labour Act) allows more latitude to the employer than is envisaged under the Convention. The Committee is bound to highlight with regret that since 1966 the Government has been indicating that amendments to the Labour Act will bring the national legislation into conformity with Article 5 of the Convention. The Committee notes that despite its numerous direct requests and observations for the past 34 years, the Government mentioned in its last report that the amendment of the General Labour Act is under preparation and will be completed within a "reasonable period".
The Committee urges the Government to continue its tripartite consultations and to take all the necessary measures to bring section 31 of Decree No. 244 (regulation issued under the General Labour Act) into conformity with the Convention in the near future. It hopes that new legislation will be adopted in the near future and requests the Government to indicate any progress made in this respect and to provide a copy of the relevant text once it has been adopted.
The Committee notes the information contained in the Government’s report. Referring to its observation of 1998 the Committee notes the information supplied in particular about possible agreements between employers and workers to grant compensatory rest in accordance with Article 5 of the Convention.
Article 5 of the Convention. The Committee recalls that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 (a regulation issued under the General Labour Law) allows more latitude to the employer than is envisaged under the Convention. The Committee must highlight with regret that since 1966 the Government indicates that amendments to the Labour Law will provide new regulations to bring the national legislation into conformity with Article 5 of the Convention. The Committee notes that despite its numerous direct requests and observations during the last 34 years, the Government mentioned in its last report that the amendment of the General Labour Law is under preparation and will be finished within a "reasonable period". The Committee reiterates its hope that the Government will make every effort to adopt the necessary measures in the very near future. It hopes that the new legislation will be adopted as soon as possible with a provision to ensure that workers employed on a weekly rest day are granted compensatory rest. It requests the Government to continue to indicate the progress achieved in this respect and to supply a copy of the relevant text, when it is adopted.
Part VI of the report form. The Committee further notes that in the last report no information was supplied whether the report has been communicated to representative organizations of employers and workers and whether any observations have been received from these organizations.
The Committee requests the Government to supply full information on this point, as requested in the report form and article 23, paragraph 2, of the ILO Constitution.
The Committee notes the indications contained in the Government's response to its previous comments and, in particular, the Government's statement to the effect that it will duly take into account the Committee's comment, in particular in respect of the application of Convention No. 14, during its revision of the General Labour Law. The Committee trusts the Government will provide full information in its next report in respect of the questions raised in the Committee's previous observation which read follows:
In earlier comments, the Committee noted that under section 31 of Decree No. 244 of 1943 (a regulation issued under the General Labour Law), an employer may grant to a worker, in the event of work on the weekly rest day, either compensatory rest or compensatory remuneration. In a report received in February 1991, the Government indicated that the General Labour Law was in the process of revision with the technical assistance of the ILO. In its report for 1994 on the application of several Conventions, including Convention No. 14, the Government indicates there have been no legislative changes.
The Committee must recall that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 allows more latitude to the employer than is envisaged under the Convention. It hopes that the new legislation will be adopted as soon as possible, with a provision to ensure that workers employed on a weekly rest day are granted a compensatory rest. It requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted.
The Committee also requests the Government to refer to the comments that it has made under Convention No. 106.
The Committee again reiterates its hope that the Government will make every effort to adopt the necessary measures in the very near future.
The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
In earlier comments, the Committee noted that under section 31 of Decree No. 244 of 1943 (a regulation issued under the General Labour Law), an employer may grant to a worker, in the event of work on the weekly rest day, either compensatory rest or compensatory remuneration. In a report received in February 1991, the Government indicated that the General Labour Law was in the process of revision with the technical assistance of the ILO. In its report for 1994 on the application of several Conventions, including Convention No. 14, the Government indicates there have been no legislative changes. The Committee must recall that Article 5 of the Convention provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 allows more latitude to the employer than is envisaged under the Convention. It hopes that the new legislation will be adopted as soon as possible, with a provision to ensure that workers employed on a weekly rest day are granted a compensatory rest. It requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted. The Committee also requests the Government to refer to the comments that it has made under Convention No. 106.
The Committee again expresses the hope that the Government will make every effort to take the necessary action in the very near future.
In earlier comments, the Committee noted that under section 31 of Decree No. 244 of 1943 (a regulation issued under the General Labour Law), an employer may grant to a worker, in the event of work on the weekly rest day, either compensatory rest or compensatory remuneration. In a report received in February 1991, the Government indicated that the General Labour Law was in the process of revision with the technical assistance of the ILO. In its report for 1994 on the application of several Conventions, including Convention No. 14, the Government indicates there have been no legislative changes. The Committee must recall that Article 5 of the Convention, provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 allows more latitude to the employer than is envisaged under the Convention. It hopes that the new legislation will be adopted as soon as possible, with a provision to ensure that workers employed on a weekly rest day are granted a compensatory rest. It requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted. The Committee also requests the Government to refer to the comments that it has made under Convention No. 106.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee must recall that Article 5 of the Convention, provides for, as far as possible, compensatory periods of rest in cases where exceptions have been made regarding the right to weekly rest. In this regard, the Committee once again points out that section 31 of Decree No. 244 allows more latitude to the employer than is envisaged under the Convention. It hopes that the new legislation will be adopted as soon as possible, with a provision to ensure that workers employed on a weekly rest day are granted a compensatory rest. It requests the Government to indicate the progress achieved in this respect and to supply a copy of the relevant text when it is adopted.