Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

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 reads as follows:

The Committee notes the Government’s report and the text of Supreme Decree No. 3642 of 11 February 1954 (relating to Article 11 of the Convention).

Article 2.  Further to its previous request, the Committee notes the Government’s indication that the proposal of the new General Labour Act has not yet received responses from the organizations concerned. It hopes that progress will soon be made in this regard so as to extend the coverage of the general Labour Act to all agricultural workers and also to establish the standards for the workers in the public sector and the civil servants. Please continue to provide information in this respect.

Article 3(1).  The Committee notes the Government’s explanation regarding the term "el bono" in section 58 of Supreme Decree No. 21060 of 29 August 1985.

The Committee, however, recalls that under section 1 of the Act of 7 September 1901, it is prohibited to issue chips (fichas), stamps (siñales) or vouchers (vales) for the advance or payment of day wages (jornales). It has pointed out that the definition of wages in the Convention covers any remuneration or earnings however designated or calculated (Article 1). The Committee once again requests the Government to indicate measures taken to provide for similar prohibition regarding other types of wages than day wages.

Article 5.  The Committee noted in its previous request the Government’s reference to the above-mentioned draft of the new General Labour Act which would bring the legislation into conformity with this provision of the Convention. It again requests the Government to provide information in this regard.

Articles 6 and 8.  The Committee notes the Government’s explanation regarding sections 26 and 27 of the Supreme Decree No. 20255 of 24 May 1984, which is applicable to the temporary agricultural workers in sugar cane and cotton harvest.

The Committee recalls that section 42 of Supreme Decree No. 244 (Regulations under the General Labour Act) does not prescribe the extent to which the employer may make deductions from wages when such deductions are provided for in the contract. It notes that the Government’s report does not reply on this point and requests the Government to indicate measures taken or envisaged to fix a limit on deductions that may be made under this provision, in conformity with Article 8, paragraph 1.

Article 9.  The Committee notes the Government’s description of the functioning, free of charge, of the Public Employment Service. It asks the Government to indicate whether the engagement of workers by private employment agencies or other intermediaries is prohibited, and if so, to specify the relevant legislative provisions and to send copies of them.

Article 10.  In the absence of the reply to its previous comment on this point, the Committee again requests the Government to supply detailed information on the methods that are adopted by the judicial authorities to protect wages from assignment, including copies of any relevant legal or other texts.

Article 12(2).  The Committee recalls that the General Labour Act and Supreme Decree No. 244 require the regular payment of wages, but no provision is made concerning the final settlement of wages. The Committee therefore hopes that the Government will soon take the measures to ensure the final settlement of wages due in accordance with the provisions of the Convention, for all workers who are not covered by Supreme Decree No. 20255, which gives effect to the Convention as to sugar cane and cotton workers.

Articles 14(b) and 15(d).  The Committee notes the Government’s reference to Supreme Decree No. 23791 of 30 May 1994, which provides information on the wage increments and the fixing of the National Minimum Wage. It points out however, that these provisions require measures to be taken in order (i) to ensure that the workers are informed of particulars of their wages which may be subject to change (Article 14(b)), and (ii) to require the maintenance of adequate records (Article 15(d)). It again requests the Government to indicate the measures taken or envisaged for this purpose.