Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 8(3) of the Convention. Compensatory rest. The Committee recalls its previous comment, in which it noted the Government’s indication that the competent departments intended to continue their discussions on section 276 of the draft General Labour Act – which entitles employees who work on their weekly rest day without a compensatory rest day during the following seven days to a bonus remuneration representing 100 per cent of normal pay – to ensure that the national legislation is in conformity with the Convention. Although the Government’s latest report does not contain updated information on the process of revision of the General Labour Act, the Committee understands that the national Committee of Experts responsible for revising and updating the General Labour Act, pursuant to Ministerial Resolution No. 257-2011 of 1 September 2011, reviewed the matter following consensus of the National Council for Labour and the Promotion of Employment (CNTPE) and on 23 February 2012, approved the text of draft section 276 and merely proposed amending its title to “Bonus of 100 per cent”. Recalling that the Committee has been commenting for a considerable number of years on the need to amend section 3 of Legislative Decree No. 713 (which provides only for monetary compensation in case of work on a weekly rest day), and also recalling that a period for rest and leisure every week is essential for the workers’ health and well-being, the Committee requests the Government to take appropriate measures without further delay to ensure that workers who are asked to work on a weekly rest day receive compensatory rest regardless of monetary compensation.