Observación (CEACR) - Adopción: 2001, Publicación: 90ª reunión CIT (2002)

The Committee notes with interest the information provided by the Government in reply to its previous comments, which give effect to Articles 4, paragraph 2(l) and (o), and 32 of the Convention. The Committee would be grateful if the Government would provide a copy of Directorial Resolution No. 029-2002-DCG.

The Committee notes the information provided by the Government in reply to its previous comments based on the observations made by the Dockers’ Union of the port of Mayor de Callao concerning the alleged increase, at an alarming rate, of occupational accidents including deaths due to the non-observance of labour standards not only regarding holidays and rest periods but also due to the extra work done by dockworkers to make up for the inexperience of new dockworkers. In particular it notes the information that in the case of non-observance of the rights of the dockworkers, the workers have the possibility of reporting these violations of the legal and conventional standards to the labour administration authorities for them to make inspection visits with a view to verifying their veracity. If these authorities find irregularities they will impose adequate fines on the employers violating the said standards. Moreover, the workers have the right to initiate legal action before the tribunals. While noting the comments made by the Government, the Committee recalls its pervious comments that the problems complained about by the Dockers’ Union did not refer to the inexistence of laws or regulations as much as they refer to their application. The Committee therefore wishes to point out that, pursuant to Article 41 of the Convention, ratifying Members are required to (a) specify the duties in respect of occupational safety and health of persons and bodies concerned with dock work; (b) take the necessary measures, including the provision of appropriate penalties, to enforce the provisions of the Convention; (c) provide appropriate inspection services to supervise the application of the measures to be taken in pursuance of the Convention, or satisfy themselves that appropriate inspection is carried out. The Committee hopes the Government will take all the necessary implementation measures to ensure the enforcement of the provisions of the Convention. The Committee would be grateful if the Government provide extracts from the reports of the inspection services, the number of workers covered by the legislation, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported, as required by Part V of the report form.

The Committee notes the information provided by the Government in reply to its previous comments based on the observations made by the Dockers’ Union of the port of Mayor de Callao on the question of the inexperience of new dockers. According to the Government’s report, section 9 of the Law on the hours and days of work and overtime, Legislative Decree No. 854, provides that overtime work is to be voluntary both for the employer as well as the worker and only in justified cases of work resulting from fortuitous events or force majeure posing imminent danger to persons and things at work or endangering the continuity of productive work. The Committee recalls its previous request for the Government to provide information on the question of the inexperience of new dockers raised by the Dockers’ Union, bearing in mind the training requirements provided for in Articles 4, paragraphs 1(c), 2(r), and 7, paragraph 2, of the Convention. The Committee would be grateful if the Government would provide indications in this regard.

The Committee is also addressing a request directly to the Government on a number of other questions relating to the application of the Convention.