Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes the information supplied by the Government in reply to the comments made by the Confederation of Workers Rerum Novarum (CTRN) relating to an excessively low wage rate per hour for road transport workers.

The Committee notes the decision by the Higher Court of San Jose (No. 796 of 27.11.1990) to the effect that "in accordance with the principle of the most favourable rule and with what is laid down in section 17 of the Labour Code under which the interest of the workers must prevail in interpreting labour law, the general provisions of sections 136 and 139 of the Labour Code must be applied to transport drivers, bearing in mind that it is dangerous for a worker who transports people to be subjected to excessively tiring days which may result in exhaustion and, consequently, risk to the health and especially the safety of users of the service".

The Committee also notes with interest that, at the initiative of the Minister of Labour, after consultation with employers and workers, the Government has submitted to the Legislative Assembly a draft law repealing section 146 of the Labour Code which, in March 1996, received a favourable Opinion from the Standing Commission on Social Affairs. According to the Government, this draft law - which is based on article 58 of the Constitution and section 136 of the Labour Code setting out the limits of the working day - fixes the length of the ordinary working day. According to the Government, there is no valid reason from the legal or social point of view to subject workers in the transport sector to discriminatory treatment as compared with other categories of workers covered by section 146 of the Labour Code.

The Committee requests the Government to send it a copy of the relevant text once the draft law has been adopted.