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

The Committee notes the comments by the General Confederation of Peruvian Workers (CGTP) of 23 April 2001 and of 6 June 2001 concerning the application of the Convention, as well as the Government’s response of 3 September 2001. It further notes that according to the sworn statement of a group of mining workers of the mining company "Milpo SA", the employer, under the threat of terminating their employment, obliged them to accept a 14-day working schedule of 12 hours and seven days of rest.

The Committee recalls that under Article 2(c) of the Convention, where persons are employed in shifts, it shall be permissible to employ persons in excess of eight hours in any one day and 48 hours in any one week, if the average number of hours over a period of three weeks or less does not exceed eight per day and 48 per week. The Committee considers that the working time schedule described by the CGTP is not in compliance with Article 2 of the Convention, since the average weekly number of hours over a period of three weeks amounting to 56 hours per week would exceed the limit prescribed by Article 2(c) (48 hours per week).

The Committee further notes that copies of individual labour agreements concluded between workers and the mining company "Milpo SA", sent by the Government with its response, provide for a working day of ten hours for 14 consecutive working days and seven days of rest. This would amount to a working week of 46.7 hours, which is under the limit of 48 hours per week permitted by Article 2(c) of the Convention. The Committee asks the Government to indicate how it is ensured in practice that the actual working time does not exceed the working time specified in individual labour agreements (which should not exceed the standard prescribed by the Convention) and collective agreements and that it is set in compliance with standards prescribed by the Convention.