Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s report. It notes that Decree No. 242/987 of 13 May 1987 revised the Decree of 29 October 1957, as far as rest periods in certain activities are concerned. The Government is requested to provide a copy of the revising decree.

The Committee further notes that a number of court decisions with relevance to Convention No. 153 have been cited and analysed in the report. Unfortunately, except for Decisions Nos. 17 of 15 March 1995 and 84 of 28 October 1996, no decisions have so far been received in the Office. The Committee, therefore, requests the Government to supply the missing decisions with its next report and to make available to the Office any new ones.

The Government is asked to provide further information on the following points.

Article 3 of the Convention. Referring to its previous comments, the Committee asks the Government to continue to inform the Office on any matters on which the competent authority might consult the representative organizations of employers and workers.

Article 6, paragraphs 1 and 2. The Decree of 29 October 1957 is apparently in compliance with these provisions of the Convention, in so far as it determines that the actual working time may not exceed eight or nine hours per day and 48 hours per week (sections 19 and 20) and permits, in the case of shift work, averaging of hours of work over a period of three weeks so that the average working time does not exceed eight hours per day and 48 hours per week (section 21). However, sections 14 and 15 of the Decree of 29 October 1957, section 5 of Act No. 15996 of 17 November 1988, and section 16 of Decree No. 550/989 of 22 November 1989, permit overtime up to six or eight hours per week. The competent public authority may authorize temporary or permanent exceptions permitting overtime, which goes even further (section 6 of Act No. 15996 and section 17 of Decree No. 550/989). The Committee asks the Government to indicate any exceptions made under sections 14 and 15 of the Decree of 29 October 1957 and the manner in which sections 5 and 6 of Act No. 15996 and sections 16 and 17 of Decree No. 550/989 are applied in road transport. The Committee further requests the Government to indicate whether the National Labour Institute, according to section 21 of the Decree of 29 October 1957, has authorized averaging.

Article 8. The Committee takes note of Article 2 of Decree No. 382/972 of 1 June 1972, which provides for daily rest for drivers in road transport, in conformity with the Convention. It asks the Government to keep it informed of any decisions taken in virtue of Article 8, paragraphs 2, 3 and 4, of the Convention.

Article 10, paragraphs 1 and 2. The Committee notes that controlling measures with regard to hours of work and rest periods in road transport are laid down in the Decrees Nos. 392/980 and 21/983, as amended. It requests the Government to supply a copy of the relevant texts.

Article 10, paragraph 3. The Committee notes that, according to Decree No. 7/982 of 13 January 1982 and Decree No. 369/974 of 9 May 1974, passenger transports require speedometers, as a means of modern supervisory methods. It requests the Government to indicate any provisions requiring speedometers for goods transport.