Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Other comments on C156

Direct Request

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The Committee notes the observations of the Autonomous Workers’ Confederation of Peru (CATP), received on 1 September 2016.

Article 3 of the Convention. National policy. In its previous comments, the Committee asked the Government to provide information on the measures adopted as part of the National Equal Opportunities Plan between Women and Men 2006–10 and its impact on the implementation of the principles of the Convention, and also on the impact of the National Family Support Plan 2004–11, and the Gender Equality Initiative 2011–15. The Committee notes the Government’s indication in its report that the National Equal Opportunities Plan 2006–10 was replaced by the National Gender Equality Plan 2012–17, which, according to the Government, includes indicators relating to the granting of paternity and maternity leave, and the establishment of day-care centres and nursing (breastfeeding) areas, and provides information on progress achieved in these areas of the Plan. In particular, the Committee notes the Government’s indication that in 2015, maternity leave was granted in 2,880 cases and paternity leave in 2,431 cases, and 465 nursing areas were established in public and private entities, benefiting some 9,240 women. The Committee also notes that, according to the information available on the website of the Ministry for Women and Vulnerable Population Groups, at the end of 2017, the Plan was extended to enable the formulation of a new plan for the following phase. In addition, the Committee notes the information supplied by the Government on the National Family Support Plan 2016–21, aimed at promoting shared family responsibilities and balancing family life and work. The Committee notes that the aforementioned plan aims, inter alia, to: (i) reduce gender disparities in the exercise of family responsibilities; (ii) improve and extend public and private services aimed at balancing family life and work; and (iii) promote, apply and evaluate legislation and policies aimed at ensuring a balance between family life and work in the public and private spheres. The Committee further notes that the Government refers to the Trabaja Perú Programme (for the creation of inclusive social employment), whose objective is to create jobs, develop productive capacities and promote sustained, quality employment, with a view to increasing income and improving the employability of people living in poverty and extreme poverty. The Committee notes that this Programme is directed, inter alia, towards parents of children under 18 years of age. Moreover, the Committee notes the CATP’s claim that there is a lack of synergy between the various measures taken by the State and a lack of coordination needed between the various ministries involved in the implementation of those measures. The CATP also indicates that the lack of clear indicators and objectives for the relevant public policies hampers transparent monitoring of their effectiveness. While noting the measures which have been adopted, the Committee requests the Government to provide information on: (i) specific measures adopted under the National Family Support Plan 2016–21 and their results; and (ii) any evaluation of the impact of the National Gender Equality Plan 2012–17 and the Gender Equality Initiative 2011–15 on reconciling work and family life for workers with family responsibilities and their ability to find, keep and advance in employment, including information on the number of beneficiaries of available assistance services and their coverage, and the follow-up actions taken, including the definition of objectives and indicators for monitoring the implementation of such actions. The Committee also requests the Government to indicate the manner in which the Trabaja Perú Programme (for the creation of inclusive social employment) contributes to the implementation of the principles of the Convention.

Article 4. Equality regarding conditions of employment. In its previous comments, the Committee asked the Government to indicate whether, in addition to the maternity and paternity leave referred to in its report, there are any other mechanisms or provisions established in the legislation, collective agreements or arbitration awards which enable men and women to achieve a better balance between their work and family responsibilities. The Committee notes the information supplied by the Government regarding the various laws adopted regarding leave, in particular the following: (i) Act No. 30119 of 12 November 2013, granting workers in public and private employment the right to leave for the purposes of medical assistance and rehabilitation therapy for persons with disabilities; (ii) Act No. 30012 of 17 April 2013, establishing a leave entitlement for workers with immediate family members who are seriously or terminally ill or who have suffered a serious accident; (iii) Act No. 29992 of 6 February 2013, extending postnatal leave by 30 additional days in cases of children born with disabilities; and (iv) Act No. 27409 of 10 January 2001, establishing a leave entitlement for cases of adoption. The Committee also notes the Government’s indication that, by Act No. 30367 of 24 November 2015, maternity leave was extended to 98 days, with 49 days’ prenatal leave and 49 days’ postnatal leave. The Committee further notes that, as part of the National Family Support Plan 2016–21, a legislative proposal was made to extend paternity leave from four to 15 days. The Committee requests the Government to continue providing information on the application of measures aimed at enabling workers with family responsibilities who are employed or wish to be employed to enjoy the same opportunities as other workers, including measures concerning flexible working hours, part-time work, work at home or leave for the care of dependent children or any other immediate family member who needs care or support. The Committee also requests the Government to supply statistical information, disaggregated by sex, on the number of workers with family responsibilities who avail themselves of the leave provided for in the legislation.

Article 5. Childcare and family services and facilities. In its previous comments, the Committee asked the Government to continue providing information on the establishment of childcare services and to indicate whether other assistance services for other dependent family members exist. The Committee notes the Government’s indication that the Wawa Wasi National Programme (providing childcare), to which it referred in its previous report, has been absorbed by the Cuna Más National Programme, established by Supreme Decree No. 003-2012-MIDIS, providing day-care services and family support. The Committee notes that the day-care service is aimed at children aged between six months and 3 years living in areas of poverty and extreme poverty. According to the executive summary of the institutional operating plan for the programme for 2016, the target set for 2015 for the number of children receiving care in the day care service was 64,554, and by September 54,597 children had been recorded as care recipients. The Committee also notes that, according to the same document, the scope of action of the programme is predominantly urban, but the target criteria are in the process of being revised. The Government also states that on 8 February 2016, Supreme Decree No. 001-2016-MIMP was adopted, regulating Act No. 29896 of 2012 concerning the establishment of nursing (breastfeeding) areas in public and private sector institutions. The Committee also notes the information supplied by the Government on the preparation of a study on proposals to expand care coverage for children between 0 and 5 years of age in Peru. Regarding the setting up of these services (nursing areas and day care) and effective access to them, the Committee notes the CATP’s claim that there are a number of challenges relating to their insufficient provision at the local level, the distance between the workplace and workers’ homes, and the fact that, since access to these services is linked to workers’ contractual status, workers in the informal economy and workers whose contracts have been terminated are excluded. The CATP adds that there is a need to reinforce auditing of these measures and to allocate adequate financial resources for their implementation. While noting all this information, the Committee requests the Government to provide information on the availability of public care and assistance services in urban and rural areas, and to continue providing information on the implementation of the Cuna Más National Programme and any other relevant childcare or family assistance measures which have been adopted or planned, including in the context of the National Family Support Plan 2016–21 and other programmes aimed at extending the coverage provided by those services, adding statistical information on the number of beneficiaries and the difference between available and requested places, particularly in rural areas.

Article 6. Appropriate measures to promote better understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities. The Committee notes the information provided by the Government concerning promotion and awareness-raising activities undertaken by the Directorate for Family Support (at the Ministry for Women and Vulnerable Population Groups), including actions to promote joint responsibility for care provision and encourage the use of paternity leave, and also the production and distribution of 4,608 copies of the “Guide of good practice regarding the work–life balance”. The Committee also notes the observations of the CATP that there is no information on the actual impact of this guide as the scope of operation of the labour inspection system is limited to workers covered by “regime 728” (Legislative Decree No. 728, issuing the Employment Promotion Act) in the public and private sectors. The CATP also states that the communication strategy should be changed, that promotion and awareness-raising activities should begin in school, and that the Ombudsman’s Office should be involved in these activities. The Committee requests the Government to continue providing information on the awareness-raising and information measures adopted to promote better public understanding of the principle of equality of opportunity and treatment for men and women workers and of the problems of workers with family responsibilities, including information on measures designed and/or implemented in cooperation with workers’ and employers’ organizations, or in which the Ombudsman’s Office has been involved.

Article 8. Protection against dismissal. In its previous comments, the Committee noted the Government’s indication that there are no legislative provisions ensuring that family responsibilities cannot constitute a basis for the dismissal of workers. It asked the Government to state whether any complaints have been made regarding dismissal of workers on the basis of family responsibilities, and to take specific steps to ensure that workers are not dismissed on account of their family responsibilities. The Committee notes the Government’s statement that, according to reports of the Computerized Labour Inspection System (SIIT), a total of 23,521 inspection orders for unjustified dismissal were issued between 2014 and 2016. However, the Committee observes that it is unclear from this information whether these cases of unjustified dismissal include dismissals on account of family responsibilities. In this regard, the Committee also notes the CATP’s assertion that this information does not provide a full picture of the situation owing to the inadequacy of the inspection system, the failure to publicize the labour rights concerned, and the fact that numerous cases of dismissal of men and women workers on fixed-term contracts are considered to be the legitimate end of the employment relationship. The Committee further notes that section 1 of Act No. 30367 of 24 November 2015 amends section 29 of the single consolidated text of Legislative Decree No. 728 (Labour Productivity and Competitiveness Act) and prohibits any dismissal not only in relation to pregnancy but also on the grounds of “childbirth and its aftermath and nursing (breastfeeding)”. While noting this information, the Committee requests the Government to continue providing information on labour inspection activities including their adequacy, on efforts to publicize rights in relation to dismissal on account of family responsibilities, and any relevant decisions issued by ordinary courts of law, or other types of decisions concerning dismissals of workers on account of their family responsibilities (including in relation to men and women workers on fixed-term contracts), the penalties imposed and compensation granted, including information on the application in practice of section 29 of the Labour Productivity and Competitiveness Act, as amended by Act No. 30367 of 2015.

Articles 6 and 11. Information and participation of workers’ and employers’ organizations. The Committee notes that the Government provides information on the establishment of the “Peruvian paternity platform”, set up by state and civil society organizations and institutions and by enterprises, aimed at promoting equitable gender relations and men’s participation in care tasks. It also notes the Government’s indication that it is compiling relevant information to forward to the Committee. Moreover, the Committee notes that the CATP refers to the low level of participation of workers’ organizations in the formulation and adoption of plans and measures aimed at ensuring compliance with the Convention. The Committee encourages the Government to cooperate with employers’ and workers’ organizations in the formulation and application of measures aimed at giving effect to the provisions of the Convention, and to provide information in this regard.