Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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 report sent by the Government in reply to its previous direct request.

Article 1, paragraph 2, of the Convention. The Government indicates that sections 327 et seq. of the Organic Labour Act (LOT) determine the hours of work applying to land transport. The above section ensures application of these provisions to drivers who own their vehicles.

Article 2. The Committee notes the regulations to apply the Act on land transport.

Article 5, paragraph 1. The Government indicates that, under section 328 of the LOT, hours of work in the land transport sector are to be established preferably by collective agreements. It states, however, that most collective agreements concluded pursuant to this section refer to the general provisions of the LOT concerning hours of work. With reference to its previous comments, the Committee notes that section 205 stipulates that in work which does not constitute a continuous process, there must be a break after a maximum of five hours. It again asks the Government to indicate the measures adopted or envisaged to ensure that, in road transport, there is a compulsory break after every driving period of four hours at the most. With regard to the exceptions allowed by paragraphs 2 and 3 of this Article, the Government is asked to provide a copy of the resolutions adopted by the Ministries of Labour, and Communications and Transport, allowing the driving period to be extended to five hours at the most, and the break to be split.

Lastly, the Government appended to its report the collective agreement governing passenger transport in the federal district of the State of Miranda. The Committee would be grateful if the Government would comment on clause No. 10 of the above collective agreement which stipulates that daily breaks are to be determined in accordance with section 205 of the LOT, bearing in mind that the LOT's provisions concerning continuous periods of driving are incompatible with Article 5 of the Convention.