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

Article 2 of the Convention. Partial payment of minimum wage in kind. The Committee notes the Government’s indication that the conditions under which and the limits within which minimum wages may be paid in the form of allowances in kind continue to be regulated by Decree-Law No. 14222 of 1962. The Committee also notes the Government’s statement that, under section 204 of the draft General Labour Act, which has already been approved by the National Labour and Employment Promotion Council (CNTPE), the cash value of food and other allowances in kind cannot exceed 20 per cent of the total amount of the minimum wage. The Committee requests the Government to provide additional information on the process of elaboration of the new General Labour Act, especially in matters connected with minimum wage fixing, and to transmit a copy of the new legislation as soon as it is adopted.

In addition, the Committee wishes to draw the Government’s attention to the conclusions of the ILO Governing Body as regards the relevance of the Convention following the recommendations of the Working Party on Policy regarding the Revision of Standards (GB.283/LILS/WP/PRS/1/2, paragraphs 19 and 40). In fact, the Governing Body has decided that Convention No. 99 is among those instruments which may no longer be fully up to date but remain relevant in certain respects. The Committee therefore suggests that the Government should consider the possibility of ratifying the Minimum Wage Fixing Convention, 1970 (No. 131), which contains certain improvements compared to earlier instruments on minimum wage fixing, for instance, as regards its broader scope of application, the requirement for a comprehensive minimum wage system, and the enumeration of the criteria for the determination of minimum wage levels. The Committee considers that the ratification of Convention No. 131 is all the more advisable as Peru has already in place a minimum wage fixing mechanism that covers all sectors of the economy rather than individual sectors as is the case under Convention No. 99. The Committee requests the Government to keep the Office informed of any decision taken or envisaged in this regard.

Further, the Committee refers to the comments made under Convention No. 26.