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

The Committee notes the information contained in the Government’s last report and the attached documentation. It notes, in particular, that Decree No. 242/987 of 13 May 1987 has been amended by Decree No. 55/000 of 11 February 2000 as far as rest periods in industry and commerce are concerned.

Article 3 of the Convention. Recalling its previous comments, the Committee would be grateful if the Government would continue to inform the Office on the subject and results of any consultations undertaken with the employers’ and workers’ representative organizations on the matters covered by the provisions of the Convention.

Article 6, paragraphs 1 and 2. The Committee notes the Government’s statement that, according to section 6 of Act No. 15996 of 17 November 1988 and section 17 of Decree No. 550/989 of 22 November 1989, the requests for temporary and/or permanent exceptions authorizing overtime beyond the maximum allowed by the legislation do not require any special formalities other than a fair and reasonable cause and prior consultations with employers’ and workers’ organizations. The Committee further notes the Government’s indication that no such requests have so far been received in practice and also that the General Labour Inspectorate has not authorized averaging in the road transport sector. The Committee requests the Government to continue supplying information on all future developments concerning the regulation of maximum hours of work of wage-earning drivers.

Article 8, paragraphs 2, 3 and 4. Further to its previous comment, the Committee requests the Government to keep it informed of any decisions concerning the averaging of daily rest of drivers, or possible variations in the duration of daily rest periods, in accordance with this Article of the Convention.

Article 10. The Committee notes that Decree No. 658/91 and Decree No. 392/980 of 18 June 1980, as amended by Decree No. 21/983, are apparently in compliance with paragraphs 1 and 2 of this Article of the Convention in so far as they provide for the maintenance of "work schedule registers" indicating among other things the hours of work and periods of rest of all employees (Chapter II of Decree No. 392/980), "special working time books" showing any changes and overtime (Chapter III of Decree No. 392/980), and individual "work certificates" specifying among other things the hours of work and rest periods (Chapter VII of Decree No. 392/980). The Committee would be grateful if the Government would provide in its next report specimen copies of the abovementioned documents.

In addition, the Committee notes the Government’s indication that Decree No. 7/82 of 13 January 1982, as amended by Decree No. 463/995 of 27 December 1995, and Decree No. 14/983 of 12 January 1983, as amended by Decree No. 356/989 of 26 July 1989, provide for tachographs in vehicles engaged in the transport of passengers. The Committee requests the Government to transmit copies of the above-referenced instruments and also to specify any similar provisions requiring tachographs for vehicles engaged in the transport of goods.

Part III of the report form. The Committee would be grateful if the Government would continue to provide information on any new court decisions bearing on the application of the Convention.

Part IV of the report form. While noting the general information on the number and results of inspection visits carried out in the period from June 2002 to May 2003, the Committee would be grateful if the Government would provide in its next report sector-specific information showing, for instance, the number and nature of infringements observed with respect to the hours of work and periods of rest of road transport workers and the sanctions imposed.