Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Holidays with Pay (Agriculture) Convention, 1952 (No. 101) - Peru (Ratification: 1960)

The Committee notes the information supplied by the Government concerning the application of Article 5(a) (apprentices and young workers), Article 5(c) (proportionate holidays) and Article 10 (system of inspection) of the Convention. It wishes to draw the Government’s attention to the following points.

Article 4. Scope of application. Associations and cooperatives. The Committee notes the Government’s statement to the effect that associations and cooperatives are governed by Act No. 26.887 of 19 November 1997 on companies and also by the unified text of the General Act on cooperatives (approved by Supreme Decree No. 074-90-TR). As the Committee understands it, although the non-associated workers of these enterprises are covered by the provisions applicable to the private sector, the associated workers (socios-trabajadores) are subject to regulations which are due to be adopted shortly. The Committee requests the Government to supply more detailed information on this subject and to indicate the legislative or regulatory provisions governing these workers’ entitlement to annual holidays with pay.

Article 5(b). Gradual increase in the duration of annual paid holidays. The Committee notes the Government’s statement that the legislation does not contain any provision relating to increases in annual paid holidays on the basis of workers’ years of service. The Committee requests the Government to indicate, as it did in its last report relating to Convention No. 52, whether such an increase is provided for by collective agreements in the agricultural sector and, if so, to supply copies of the relevant collective agreements.

Parts IV and V of the report form. Court decisions and practical application. The Committee notes with interest the decision of the Constitutional Court rendered on 21 November 2007, which refers to the provisions of the Convention. The Committee requests the Government to continue supplying copies of any court decisions relating to the area covered by the Convention. It also requests the Government to supply general information on the way in which the Convention is applied in practice, including, for example, extracts from reports of the inspection services indicating the number and nature of infringements reported with regard to annual holidays with pay in agriculture and penalties imposed, information concerning the number of agricultural workers covered by the legislation, copies of collective agreements containing clauses relating to holidays with pay, etc.