Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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

The Committee notes the information in the Government's latest report. With reference to its previous comments, the Committee draws the Government's attention to the following points:

Article 2 of the Convention. The Committee requests the Government to indicate what specific legislative provisions govern the weekly rest of employees engaged in office work in public establishments, institutions and administrative services. It also would be grateful if the Government would supply the Office copies of such provisions.

Article 3. The Committee again requests the Government to consider communicating a declaration to the Office, in accordance with paragraph 2 of this Article, explicitly applying the Convention to persons employed in telecommunications services, newspaper undertakings and places of recreation and entertainment. Furthermore, the Committee repeats its request to the Government to indicate the extent to which effect has been given or is proposed to be given to the Convention to personal services, in accordance with paragraph 3 of this Article.

Article 7, paragraphs 1 and 2. The Government's report refers to the Labour Ministry's Official Communication No. 011-94-RR-PP, providing that for productivity reasons or in the interest of the parties, employers and workers may agree to substitute the weekly rest day by a legal non-working holiday. The Committee requests the Government to clarify how Official Communication No. 011-94-RR-PP affects the practical application of the right to weekly rest and to submit a copy of this communication to the Office.

Article 8, paragraph 3. Under section 3 of Legislative Decree No. 713, the worker who has worked on the weekly day of rest without substituting it with a day of rest during the same week, has the right to the corresponding remuneration plus a supplementary rate of 100 per cent for the work performed. The Committee wishes to call the Government's attention to the fact that, under this provision of the Convention, in a case of this kind, compensatory rest is compulsory regardless of monetary compensation. It therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.

Article 10, paragraphs 1 and 2. The Committee reiterates its request to the Government to provide any information available on the inspection mechanism with respect to weekly rest, including the penalties which may be imposed to ensure the proper application of the regulations which give effect to the Convention.

Article 11(b). The Committee once again requests the Government to indicate, in its next report, the types of circumstances which might be invoked under section 2 of Legislative Decree No. 713 resulting in temporary exemptions permitted under Article 8 of the Convention.