Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

The Committee notes with interest the information provided by the Government concerning its efforts to fully reflect in its report the comments made by the most representative employers’ and workers’ organizations.

Article 6, paragraph 1(b), of the Convention – Temporary exceptions. The Committee notes that, under section 9 of Legislative Decree No. 854 on hours of work (consolidated by Supreme Decree No. 007-2002-TR), overtime must be carried out on a voluntary basis, except in cases of force majeure. However, it notes that this text does not set out the circumstances in which overtime work is authorized, regardless of whether or not workers have given their consent. The Committee draws the Government’s attention to the fact that Article 6, paragraph 1(b), of the Convention restricts this possibility to cases in which the employer must deal with an abnormal pressure of work. It hopes that the Government will take steps to ensure compliance with the Convention on this point.

Article 6, paragraph 2. Remuneration of overtime. The Committee notes that section 10 of Legislative Decree No. 854 provides that overtime must be remunerated at a rate at least 25–35 per cent higher than the normal rate. It also notes that, according to section 10(4), the worker and the employer may reach an agreement to compensate the overtime worked with equivalent periods of rest. The Committee emphasizes that Article 6, paragraph 2, of the Convention provides for an overtime rate of pay at least 25 per cent higher than the normal rate in any case, i.e. whether or not compensatory rest is granted to the worker concerned. It requests the Government to take steps to ensure that the granting of compensatory rest, on the basis of an agreement between the employer and the worker concerned, for overtime worked does not replace but supplements the higher rate of pay prescribed by section 10 of Legislative Decree No. 854.

Part IV of the report form. The Committee notes with interest the detailed information provided by the Government with regard to labour inspection activities to enforce the legal provision relating to hours of work. It requests the Government to continue providing information on the application of the Convention in practice, including extracts from reports of the inspection services indicating the number and nature of infringements reported and any measures taken in response, information on the number of workers covered by the legislation relating to hours of work, and copies of any collective agreements containing provisions relating to working time arrangements.