Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's first and subsequent reports which consist mainly of uncommented pieces of legislation. From the Committee's first examination it appears that the provisions of the Convention have not been applied in full.

Article 1, paragraph 2, of the Convention. Under this provision, owner-drivers of motor vehicles and non-wage-earning members of their families shall come under the national hours-of-work legislation. However, section 1, subsections 3 and 6, of the Decree of 29 October 1957 to institute a new reglementation for industry and commerce with the aim of unifying and harmonizing provisions of the national legislation with the international conventions exclude directors, managers or chiefs of enterprises from the application of the Decree as well as the employers' children working in their parents' enterprises if they are not permanently employed or employed as wage-earners. The Committee asks the Government to bring these provisions of the national legislation in line with the Convention.

Furthermore, the Committee requests the Government to send, with its next report, full information on all points listed in the report form, but with special reference to the following points:

- Article 2, paragraph 1(a) - any exclusion of certain types of urban transport, and (b) the extent to which drivers in rural industries have been excluded from the hours-of-work legislation under section 1, subsection 1 of the Decree of 29 October 1957;

- (c)-(f) - any information regarding these provisions of the Convention;

- Article 3 information concerning consultations with employers' and workers' organizations on matters covered by this Convention;

- Article 4, paragraph 2, and Article 5, paragraph 4 - whether under section 6 of the Decree exceptions for temporary or intermittent work have been granted for road transport by the Ministry of Industry and Labour;

- Article 6, paragraph 1 - any exceptions under sections 14 and 15 of the Decree of 29 October 1957 in road transport and the application of section 5 of Act No. 15996 and section 17 of Decree 550/1989 in this branch of activity;

- paragraph 2 - whether, according to section 21 of the Decree of 29 October 1957, the working time has been spread over an extended period;

- paragraph 3 - reduction of driving times in particularly difficult conditions;

- Article 8 - the required information concerning daily rest periods;

- Article 9, paragraph 1(c) - exceptions to the requirements of the Convention in case of urgent and exceptional necessity for ensuring the work of services of public utility;

- Article 10, paragraph 1(b) - notification of the hours worked in accordance with Article 9, paragraph 1, of the Convention;

- paragraph 3 - provisions for the application of modern methods of supervision, as for instance tachographs;

- Article 11(a) - specific information concerning labour inspection in road transport and verification in the undertaking and on the roads.