Solicitud directa (CEACR) - Adopción: 2009, Publicación: 99ª reunión CIT (2010)

Article 1, paragraphs 1–4, of the Convention. Scope of application. According to section 4 of the General Act No. 28806 of 19 July 2006 on Labour Inspection (Labour Inspection Act), labour inspections may take place in all workplaces, including on merchant shipping vessels and fishing vessels, regardless of the flag they fly; tugs do not appear to be excluded. The Government indicates that, at national level, the criteria for the application of the Convention have not yet been established. After consultations with the Regional Directorates for Labour and Employment Promotion (DRTPEs) as to which ships are to be regarded as seagoing ships, replies have been received from two Directorates. The DRTPE Moquegua considers as seagoing ships all vessels engaged in the transport of passengers or cargo or other maritime commercial operations, high-sea tugs, and fishing vessels of more than 500 gross tonnage (gt) falling under the labour regime of private activity. The DRTPE Piura considers as seagoing ships all vessels of more than 372 gt navigating in maritime areas of operation, and does not exclude tugs.

Article 1, paragraph 2, requires that national laws or regulations shall determine which ships are to be regarded as seagoing ships. Given that there are 24 different DRTPEs, it is indispensable that the question be dealt with uniformly. The Committee therefore requests the Government to take the necessary measures to ensure that the determination which ships are to be regarded as seagoing ships (including tugs), is made at national level by means of national laws or regulations, and to indicate in its next report which ships are regarded in Peru as seagoing for the purposes of this Convention.

Furthermore, according to Article 1, paragraph 4, the Convention does not apply to vessels less than 500 gt and, when not engaged in navigation, to vessels such as oil rigs and drilling platforms. The Convention requires that the decision as to which vessels are covered by this paragraph be taken by the central coordinating authority in consultation with the most representative organizations of shipowners and seafarers. In view of the size limitations established by two DRTPEs, the Committee asks the Government to indicate the consultations which have been held or will be held on the scope of application, in conformity with this paragraph.

Article 1, paragraph 5. Application to fishing. Under section 4 of the Labour Inspection Act, all merchant shipping vessels and fishing vessels, regardless of their size and flag, fall under the Act. According to the DRTPE Moquegua, the Convention shall apply to fishing vessels of more than 500 gt engaged in commercial maritime fishing and undertaking voyages of at least one week. The DRTPE Piura considers that the Convention covers all vessels engaged in commercial maritime fishing, insofar as safety and health and habitability are concerned. The Committee asks the Government to provide information on any consultations held or planned on the coverage of fishing vessels by DRTPE Moquegua and DRTPE Piura as well as any other DRTPEs, in conformity with this paragraph.

Article 1, paragraph 7(e). Scope of inspection. Sections 1 and 3(1) of the Labour Inspection Act and section 2 of the Supreme Decree No. 019-2006-TR of 28 October 2006 approving the Regulation implementing the Labour Inspection Act (Labour Inspection Regulation) enumerate the subject-matters to be inspected by labour inspectors. Since these generic pieces of legislation are applicable to all workers, items specific to the maritime sector are not listed. The Committee requests the Government to indicate by what means it is ensured that the following conditions specific to the maritime sector fall within the remit of labour inspection on board ships:

–           the standards of maintenance and cleanliness of shipboard living and working areas, minimum age, articles of agreement, food and catering, crew accommodation, recruitment, manning, qualifications, hours of work, medical examinations, prevention of occupational accidents, medical care, sickness and injury benefits, social welfare and related matters, repatriation, terms and conditions of employment which are subject to national laws and regulations, and freedom of association as defined in the Right to Organise and Collective Bargaining Convention, 1949 (No. 98), of the International Labour Organization.

Article 2, paragraph 3. Recognized organizations. The report contains no information as to whether the central coordinating authority has recognized any public institutions or other organizations as competent to carry out inspections. The Committee asks the Government to indicate whether public institutions or other organizations are recognized as competent to carry out inspections of seafarers’ living and working conditions. Please provide details on the basis on which such recognition is granted, and supply a copy of any list maintained and published in this respect.

Article 3, paragraph 1. Periodic inspection of all ships registered in Peru. Sections 10 and 12 of the Labour Inspection Act enumerate the factors triggering inspection activities. It remains unclear, however, whether all ships registered in Peru are being inspected or only a sample of vessels. Also, there is no information on the intervals at which inspections are carried out. The Committee requests the Government to provide information as to whether each and every ship registered in Peru is being inspected, and whether such inspection takes place at intervals not exceeding three years or, when practicable, annually.

Article 3, paragraph 3. Inspection in case of substantial changes. Neither the Labour Inspection Act nor the Government’s report contains information on the issue. The Committee asks the Government to indicate whether, in cases of substantial changes in construction or accommodation arrangements, ships are inspected within three months of such changes.

Article 4. Qualification of inspectors. Sections 26, paragraph 1(a), and 27 of the Labour Inspection Act list the qualifications required to carry out labour inspection, and provide for training and ongoing training. Under section 19(4), specialized inspection units and teams may be established, for example according to the sector of economic activity. The Committee requests the Government to indicate whether such specialized inspection units have been established or are envisaged for the maritime sector. If not, please indicate by what other means it is ensured that general labour inspectors have appropriate qualifications to guarantee that due regard is being given to the specificities of the maritime sector.

Article 6, paragraph 2. Compensation for unreasonable detention or delay. Section 21.6 of the Labour Inspection Regulation contains the right of the employer to challenge the order of prohibition or stop of work at the workplace. No information is, however, provided regarding compensation to be granted for loss or damage suffered in case of undue prohibition or stop of work at the workplace. The Committee asks the Government: (i) to indicate by what means it is ensured that, if a ship is unreasonably detained or delayed, the shipowner or operator of the ship is entitled to compensation for any loss or damage suffered; and (ii) to provide information on any cases in practice where the shipowner or operator of the ship was entitled to compensation.

Article 9, paragraph 1. Inspector’s report of inspection. According to section 13 of the Labour Inspection Act and section 17 of the Labour Inspection Regulation, the labour inspector shall draw up a written report concerning each inspection activity carried out and the results achieved. The Committee requests the Government to indicate by what means it is ensured that, in case of ship inspections, one copy of the inspection report in English or in the working language of the ship shall be furnished to the master of the ship, and another copy shall be posted on the ship's notice board for the information of the seafarers or sent to their representatives.

Article 9, paragraph 2. Inspector’s report of inspection pursuant to major incident. In the absence of relevant information, the Committee asks the Government to specify how it is ensured that, in case of a ship inspection pursuant to a major incident, the inspection report shall be submitted as soon as practicable but not later than one month following the conclusion of the inspection.

Part IV of the report form. Court decisions. Please indicate whether courts of law or other tribunals have given decisions involving questions of principle relating to the application of the Convention, and, if so, supply the text of these decisions.

Part V. Application in practice. The Committee asks the Government to give a general appreciation of the manner in which the Convention is applied in Peru in practice. In particular, please supply extracts from reports of inspections on board ships, and information on the number of seafarers covered by the measures giving effect to the Convention and the number and nature of infringements reported and sanctions imposed in the shipping sector.