Observación (CEACR) - Adopción: 1998, Publicación: 87ª reunión CIT (1999)

The Committee notes the comments made by the Dockers Union of the port of Mayor de Callao in which the Union indicates that occupational accidents including many deaths have increased at an alarming rate, due to the non-observance of labour standards not only with regard to holidays and rest periods but also due to the extra work done by dockers compensating for the inexperience of new dockers. The Committee notes from the Government's reply that by virtue of section 25 of the Constitution of Peru, Legislative Decree No. 713 and its implementing regulations in Supreme Decree No. 012-92-TR, and sections 1 and 7 of Legislative Decree No. 854 (the eight-hour day and 48-hour week allowing for weekly rest and paid annual holidays, and midday breaks for meals are provided for) unless a shorter working day is provided for by law, agreement or unilateral decision of the employer. The Committee notes that, in any case, the problems complained about by the Dockers Union of the port of Mayor Del Callao do not refer to the inexistence of laws or regulations as much as they refer to their application, and as a result the application of the relevant provisions of the Convention. The Committee would be grateful if the Government would provide indications on the measures taken or envisaged to ensure compliance with national legislation as well as the relevant provisions of the Convention.

The Committee would be grateful if the Government would provide information on the question of the inexperience of new dockers raised by the Dockers Union which it considers to have resulted in longer working time for the more experienced dockers, bearing in mind Articles 4, paragraphs 1(c), 2(r), and 7, paragraph 2, of the Convention.