Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes the adoption of the new national Constitution on 7 February 2009, which implies the modification of many legislative texts, including the General Labour Act, which is under preparation. Further to its previous comment concerning intermittent work, the Committee notes the Government’s indication that, under the terms of section 46 of the General Labour Act and its implementing Decree No. 244 of 1943, permanent exceptions to daily hours of work include, listed exhaustively, persons engaged in positions of direction, trust or supervision, as well as persons engaged in discontinuous work. The Committee notes that the Government has not provided any indication of the types of work concerned by this exception and which are considered to be intermittent within the meaning of Article 7(1)(a) of the Convention. While recalling that, under the terms of this Article of the Convention, regulations made by the public authority shall determine the permanent exceptions which may be allowed for (i) certain classes of persons whose work is intermittent (such as caretakers and persons employed to look after working premises and warehouses), and (ii) classes of persons directly engaged in preparatory or complementary work (which must necessarily be carried on outside the limits laid down for the hours work of the rest of the persons employed in the establishment), the Committee once again requests the Government to indicate the types of work covered by this exception.

Article 7, paragraph 2. Additional hours of work. Further to its previous comments concerning the possibility of working additional hours under section 37 of Decree No. 244 of 1943, the Committee notes that the Government has not provided any information on this point. It recalls in this respect that the Convention only allows the granting of temporary exceptions to rules on working hours in specific cases, namely, in unforeseen cases, to prevent accidents or for the urgent repair of machinery; to prevent the loss of perishable goods or avoid endangering the technical results of the work; to allow for special work; or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances. The Committee hopes that the Government will take its comments into account in the process of preparing the new General Labour Act, particularly by amending section 50 of the General Labour Act, as the Committee has been requesting it to do for many years, and that it will confine the possibility of working additional hours to the cases envisaged by the Convention. The Committee requests the Government to keep the Office informed of any developments in the preparation of the new General Labour Act and to provide a copy of the text once it has been finalized. It recalls that the Government may, if it so wishes, avail itself of the technical assistance of the ILO, through its Regional Office in Lima, with regard to the necessary legislative amendments for the full application of the provisions of the Convention.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 7(1)(a) of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Article 7(2). Additional hours of work. The Committee notes that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow additional hours of work under any circumstances. It also notes that in support of that assertion, the Government referred, in its 2005 report, to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee observes that the exception set forth in section 37 is covered by the exceptions allowed in Article 7, paragraph 2(a), of the Convention.

However, the Committee also notes two judgements of the Constitutional Court of Bolivia, attached to the Government’s report submitted in 2005 regarding Convention No. 1 (judgement No. 149 of 26 April 2002, Maria Lourdes Villegas de Aguirre v. Banco del Estado en Liquidación, and judgement No. 257 of 10 November 2001, Humberto Rodríquez v. Ex-Banco del Estado). In both decisions the Court held that the definition of overtime (horas extraordinarias) implied that such work was “out of the ordinary” and performed occasionally. The Court also ruled that it was for employers to prove that they needed to impose overtime and that overtime must be authorized by the labour inspector. The Committee notes that the above decisions make no reference to unforeseeable circumstances, accident prevention or urgent repair of machinery. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244.

The Committee points out that Article 7, paragraph 2, of the Convention allows the granting of temporary exceptions to rules on working hours (apart from the cases of unforeseeable circumstances, accident prevention or urgent repair of machinery) only in the following cases: in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; in order to allow for special work (stocktaking, preparation of balance sheets, closing of accounts, etc.); or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances. While noting the statement in the report submitted in 2005 by the Government that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 7, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Article 7, paragraph 2. Additional hours of work. The Committee notes that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow additional hours of work under any circumstances. It also notes that in support of that assertion, the Government referred, in its 2005 report, to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee observes that the exception set forth in section 37 is covered by the exceptions allowed in Article 7, paragraph 2(a), of the Convention.

However, the Committee also notes two judgments of the Constitutional Court of Bolivia, attached to the Government’s report submitted in 2005 regarding Convention No. 1 (judgment No. 149 of 26 April 2002, Maria Lourdes Villegas de Aguirre v. Banco del Estado en Liquidación, and judgement No. 257 of 10 November 2001, Humberto Rodríquez v. Ex-Banco del Estado). In both decisions the Court held that the definition of overtime (horas extraordinarias) implied that such work was “out of the ordinary” and performed occasionally. The Court also ruled that it was for employers to prove that they needed to impose overtime and that overtime must be authorized by the labour inspector. The Committee notes that the above decisions make no reference to unforeseeable circumstances, accident prevention or urgent repair of machinery. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244.

The Committee points out that Article 7, paragraph 2, of the Convention allows the granting of temporary exceptions to rules on working hours (apart from the cases of unforeseeable circumstances, accident prevention or urgent repair of machinery) only in the following cases: in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; in order to allow for special work (stocktaking, preparation of balance sheets, closing of accounts, etc.); or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances. While noting the statement in the report submitted in 2005 by the Government that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 7, paragraph 1(a), of the Convention. Permanent exceptions – intermittent work. The Committee notes that under section 46 of the General Labour Act of 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Article 7, paragraph 2. Additional hours of work. The Committee notes from the information supplied by the Government in its report that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow additional hours of work under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only “in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant”. The Committee observes that the exception set forth in section 37 is covered by the exceptions allowed in Article 7, paragraph 2(a), of the Convention.

However, the Committee also notes two judgements of the Constitutional Court of Bolivia, attached to the Government’s report regarding Convention No. 1 (judgement No. 149 of 26 April 2002, Maria Lourdes Villegas de Aguirre v. Banco del Estado en Liquidación, and judgement No. 257 of 10 November 2001, Humberto Rodríquez v. Ex-Banco del Estado). In both decisions the Court held that the definition of overtime (horas extraordinarias) implied that such work was “out of the ordinary” and performed occasionally. The Court also ruled that it was for employers to prove that they needed to impose overtime and that overtime must be authorized by the labour inspector. The Committee notes that the above decisions make no reference to unforeseeable circumstances, accident prevention or urgent repair of machinery. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244.

The Committee points out that Article 7, paragraph 2, of the Convention allows the granting of temporary exceptions to rules on working hours (apart from the cases of unforeseeable circumstances, accident prevention or urgent repair of machinery) only in the following cases: in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; in order to allow for special work (stocktaking, preparation of balance sheets, closing of accounts, etc.); or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

Part V of the report form. The Government is invited to continue to provide information on the application of the Convention in practice, including extracts of inspection reports and, if possible, data on the number and nature of breaches of the rules on working hours.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 7, paragraph 1(a), of the Convention. Permanent exceptions - intermittent work. The Committee notes that under section 46 of the General Labour Act of 1942, the rules on working hours laid down by the Act do not apply to wage earners who engage in discontinuous work. The Committee requests the Government to indicate the types of work covered by this exception.

Article 7, paragraph 2. Additional hours of work. The Committee notes from the information supplied by the Government in its report that the labour inspectorate is not, as the Committee said in its previous comments, authorized by section 50 of the General Labour Act to allow additional hours of work under any circumstances. It also notes that in support of that assertion, the Government refers to section 37 of Decree No. 244 of 1943 issuing implementing regulations for the General Labour Act, under which additional hours of work may be authorized only "in unforeseeable circumstances, to the extent necessary to avoid hindrance of the normal running of the establishment and to prevent accidents or carry out unpostponable repairs or adjustments on the machinery or plant". The Committee observes that the exception set forth in section 37 is covered by the exceptions allowed in Article 7, paragraph 2(a), of the Convention.

However, the Committee also notes two judgements of the Constitutional Court of Bolivia, attached to the Government’s report regarding Convention No. 1 (judgement No. 149 of 26 April 2002, Maria Lourdes Villegas de Aguirre v. Banco del Estado en Liquidación, and judgement No. 257 of 10 November 2001, Humberto Rodríquez v. Ex-Banco del Estado). In both decisions the Court held that the definition of overtime (horas extraordinarias) implied that such work was "out of the ordinary" and performed occasionally. The Court also ruled that it was for employers to prove that they needed to impose overtime and that overtime must be authorized by the labour inspector. The Committee notes that the above decisions make no reference to unforeseeable circumstances, accident prevention or urgent repair of machinery. The Committee accordingly understands that the instances in which additional hours of work may be allowed are not limited to those set forth in section 37 of Decree No. 244.

The Committee points out that Article 7, paragraph 2, of the Convention allows the granting of temporary exceptions to rules on working hours (apart from the cases of unforeseeable circumstances, accident prevention or urgent repair of machinery) only in the following cases: in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; in order to allow for special work (stocktaking, preparation of balance sheets, closing of accounts, etc.); or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances. While noting the Government’s statement that because of the present political and social crisis it is unable to ensure that new labour legislation will be enacted in the near future, but that it will make every effort gradually to amend the existing legislation on an ad hoc basis, the Committee again expresses the hope that the Government will take the necessary steps as soon as possible to give full effect to the Convention on this point. It strongly encourages the Government to contact the International Labour Office, and more particularly its regional office in Lima, in order to set up a specific technical assistance programme able to facilitate its search for solutions.

Part V of the report form. The Government is invited to continue to provide information on the application of the Convention in practice, including extracts of inspection reports and, if possible, data on the number and nature of breaches of the rules on working hours.

[The Government is asked to reply in detail to the present comments in 2006.]

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Government indicates the difficulties which have continued to prevent it from revising the General Labour Code of 1942 in line with the Committee’s previous comments. The Committee, nevertheless, cannot but regret once again that the Government has not retained the General Labour Bill drawn up with ILO technical assistance.

The Committee has for a considerable number of years been referring to section 50 of the above Act which provides that the labour inspectorate may authorize up to two additional hours of work per day under any circumstances, whereas under the provisions of Article 7 of the Convention temporary exceptions to the normal working day may only be granted in the event of abnormal pressures of work determined under paragraph 2(b), (c) and (d), and paragraph 3 of the same Article provides that a maximum number of additional hours of work which may be allowed in the day and in the year must be determined.

The Committee notes the Government’s renewed request for technical assistance to be provided to a tripartite committee in charge of the revision of the relevant national law. It again expresses the hope that any results achieved will be translated into action very soon.

[The Government is asked to report in detail in 2005.]

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information provided by the Government in its report on the application of the Convention. It regrets that the General Labour Bill, drawn up with the ILO technical assistance over a period of years, has not been retained by the Government. Consequently, the Committee regrets that no progress has been achieved to bring certain provisions of the General Labour Act of 1942 into conformity with the provisions of the Convention.

In this regard, the Committee draws the Government's attention to the fact that the Committee has for a considerable number of years been referring to section 50 of the above Act which provides that the labour inspectorate may authorize up to two additional hours of work per day under any circumstances, whereas under the provisions of Article 7 of the Convention temporary exceptions to the normal working day may only be granted in the event of abnormal pressures of work determined under paragraph 2(b), (c) and (d), and paragraph 3 of the same Article provides that a maximum number of additional hours of work which may be allowed in the day and in the year must be determined.

The Committee trusts that the Government will not fail to keep the ILO informed of developments in the revision of the General Labour Bill and that it will bring its legislation into conformity with the provisions of the Convention in the near future.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

See under Convention No. 1, as follows:

The Committee has been formulating comments, since many years, on the necessity to take measures to give full effect to several provisions of Conventions Nos. 1, 20 and 30.

The Government reiterates in the reports provided this year that these comments have been taken into account in the preliminary draft of the new General Labour Law, prepared with the technical assistance of the ILO. Furthermore, it states that the preliminary draft has been sent to the central organizations of employers and workers (CEPB and COB) for their comments, before the finalized draft is submitted to the National Congress for adoption. The Committee trusts that the new legislation will be adopted in the near future and that it will be in full conformity with the above-mentioned Conventions. It requests the Government to supply detailed information on all relevant developments on the matter.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

See under Convention No. 1, as follows:

The Committee has been formulating comments, since many years, on the necessity to take measures to give full effect to several provisions of Conventions Nos. 1, 20 and 30.

The Government indicates in the reports provided this year that these comments are taken into account in the preliminary drafts revising the General Labour Law, prepared with the technical assistance of the ILO. The Committee trusts that the new legislation will be adopted in the near future and that it will be in full conformity with the above-mentioned Conventions.

Direct Request (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee notes the information supplied by the Government in its last report concerning the preparation of the new General Labour Act, with the technical assistance of the ILO. It trusts that this legislation will be adopted in the near future and that it will take into account the Committee's previous comments concerning the application of Article 7 of the Convention and the limitations on overtime in accordance with the conditions set forth in paragraphs 2 and 3 of the above Article.

The Government is asked to report in detail for the period ending 30 June 1990.