Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Further to its previous comment, the Committee notes the Government’s explanations concerning the system of inspection, including standard and special visits, responsible for ensuring compliance with the national legislation on working time, as provided for in section 13 of Supreme Decree No. 007-2002-TR.

In addition, the Committee notes the comments made by the Trade Union of Toquepala Workers (STTA), dated 1 August 2003, alleging abusive practices with respect to working hours in the Southern Peru Copper Corporation. According to the trade union organization, as of 10 April 2000, the southern Peru mining company imposed a compulsory 12-hour working day and 60-hour working week to 300 mineworkers in violation of article 25 of the National Constitution and also in contravention with section 22 of the collective agreement concluded by the enterprise on 24 October 2001. The STTA denounces this unilateral decision taken under section 9 of Supreme Decree No. 003-97-TR, Act on productivity and labour competitiveness (Legislative Decree No. 728) that allows employers to modify work schedules according to their needs. The trade union organization further alleges that the long working hours have already had serious consequences on the health and safety of workers, including some fatal accidents. Moreover, the Committee notes that, following legal action taken by the STTA against the Southern Peru Copper Corporation, the Constitutional Tribunal rendered a decision on 27 September 2002 declaring the petition unfounded. The Committee requests the Government to transmit any observations it may wish to make in connection with the points raised by the STTA and also to specify the legal provisions currently regulating the averaging of working hours in industrial undertakings.

Part V of the report form. The Committee requests the Government to provide in its next report general information on the application of the Convention in practice, including, for instance, extracts from inspection reports showing the number of violations observed and the penalties imposed, the different categories and approximate number of workers covered by relevant legislation, copies of collective agreements including special working time arrangements, etc.