Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP) dated 9 September 2011 and of the General Confederation of Workers of Peru (CGTP) dated 4 October 2011.

Article 3 of the Convention. National policy. In its previous comments, the Committee noted the adoption of the Equal Opportunities Act (No. 28983 of 12 March 2007), which provides that the State shall adopt policies, plans and programmes that take account of the need to balance family and work responsibilities. The Committee notes the statements by the CATP and the CGTP that the Act should be publicized more widely and should be taken into account when formulating plans and policies. The Committee notes the Government’s statement that the National Equal Opportunities Plan 2006–10 has been adopted. The Committee notes that a strategy established in the Plan provides for the inclusion in development plans of action to promote shared family responsibilities, for the integration of community services, and for the fair exercise of the right to have access to and handle family resources. The Government also refers to the National Family Support Plan 2004–11, adopted in the context of the Family Support Act (No. 28542), on the basis of which the following were adopted: Supreme Decree No. 009-2006-MIMDES, which provides for the establishment of a facility for nursing mothers (a system for the storage of mother’s milk during the working day) in public institutions employing more than 20 women of childbearing age, and Supreme Decree No. 002-2007-MIMDES, which provides for the implementation of childcare services (Wawa Wasi) in public institutions employing more than 50 women of childbearing age or where there are at least 16 workers’ children who require such services. The Gender Equality Initiative 2011–15 was also adopted; its strategic objective concerning decent work provides for equal opportunities and reconciling work and family responsibilities, particularly through childcare services, maternity and paternity leave and recognition for companies that take account of these rights. The Government indicates that plans have also been implemented at provincial and regional levels. The Committee requests the Government to supply information on the specific measures adopted in the context of the National Equal Opportunities Plan 2006–10 and their impact on the implementation of the principles of the Convention. The Committee also requests the Government to provide information on the impact of the other plans and initiatives adopted, including the specific measures taken within companies to promote equality and address discrimination.

The Committee notes the information from the Government concerning the employment programmes that it has implemented, including Trabaja Perú, which benefited 505,039 heads of family, of which 335,339 are women. This programme interacts with the Wawa Wasi programme in order to ensure care for workers’ children who are between 6 and 47 months old. The Committee requests the Government to send further information on these programmes and on how they help to ensure equal opportunities and treatment of workers with family responsibilities with other workers with respect to employment and occupation.

Article 4. Leave entitlements. The Committee notes that in the context of the National Plan on Equal Opportunities between Women and Men 2006–10 a law was adopted granting the right to paternity leave to workers in the public and private sectors (Supreme Decree No. 014-2010-TR). Such leave is for a period of four days, cannot be replaced by another benefit, and must be used in the postnatal period before the discharge of the mother and child. The Committee notes the CGTP’s statement that there is a need to provide for longer paternity leave so that women and men can share the family responsibilities with regard to their children or other direct dependants. The Committee also notes the adoption of the regulations relating to Act No. 26644, which prescribe prenatal and postnatal maternity leave. The Committee recalls that the objective of the Convention is to enable persons with family responsibilities who are employed or wish to be employed to exercise their right to do so without being subject to discrimination and, as far as possible, without conflict between their employment and family responsibilities. Accordingly, hours of work and the arrangement of working time are of central concern to workers with family responsibilities (see General Survey on workers with family responsibilities, 1993, paragraphs 131 ff.). The Committee therefore requests the Government to indicate whether there are any other mechanisms or provisions established in the legislation, collective agreements or arbitration awards, such as reduced working hours, part-time work or any kind of leave, paid or unpaid, which enable men and women to reconcile better their work and family responsibilities. In particular, the Committee requests the Government to indicate the kind of measures and types of leave foreseen in the context of the Agenda for Equality between Women and Men 2011–15 referred to above.

Article 5. Childcare services and facilities. The Committee notes that the CATP and the CGTP refer to the need to establish mechanisms for achieving a balance between work and family responsibilities. The Committee notes the Government’s indication that in 2010, a total of 39 Wawa Wasis (institutional childcare centres) were set up benefiting 727 children. The Committee further notes that the Wawa Wasi childcare programme works in conjunction with employment programmes to cater for the needs of jobseekers with family responsibilities. The Committee requests the Government to continue to supply information on the establishment of child assistance services, particularly in the context of the Agenda for Equality between Women and Men 2011–15 and the Family Support Plan 2004–11. The Committee further requests the Government to provide information on whether other assistance services for other dependent family members exist. The Government is also requested to supply statistical information in this regard.

Article 6. Information and education. The Committee notes the awareness-raising and dissemination activities adopted by the Government in relation to the need to reconcile work and family responsibilities, and also the dissemination activities of the programme for facilities for nursing mothers in public institutions. The Committee notes that the Directorate for Family Support has plans to conduct a survey of the national legislation that recognizes the need to achieve a work–life balance. The Committee further notes that the strategy and objectives of the National Plan on Equal Opportunities between Women and Men 2006–10 and the Agenda for Equality between Women and Men 2011–15 include incorporating into education the concept of parental responsibility being shared between fathers and mothers. Accordingly, an objective of the abovementioned Plan was that 50 per cent of educational centres should have promoted models of responsible paternity and maternity in 2010 and established incentives for sharing family responsibilities. The Committee requests the Government to supply information on the specific manner in which these strategies and objectives are implemented and on the progress achieved in raising public awareness so that all workers with dependent family members can exercise their responsibilities and participate fully in the labour force. The Committee further requests the Government to provide information on any other dissemination or awareness-raising activities relating to the principle of the Convention and on the survey of the national legislation planned by the Directorate for Family Support.

Article 8. Protection against dismissal. The Committee notes the information supplied by the Government to the effect that there are no legislative provisions ensuring that family responsibilities cannot constitute a basis for the dismissal of workers. The Committee requests the Government to state whether any complaints have been made regarding dismissal of workers on the basis of family responsibilities. The Committee also requests the Government to take specific steps to ensure that workers are not dismissed on account of their family responsibilities. The Committee requests the Government to provide information on any developments in this respect.

Article 11. Cooperation with workers’ and employers’ organizations. The Committee notes the information supplied by the Government and requests it to indicate the manner in which workers’ and employers’ organizations have participated in the adoption of the plans and initiative referred to above.