Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 2, paragraphs 1(a) and 2, of the Convention. Working time and rest periods of drivers excluded. Further to its previous comment on this point, the Committee notes that under section 2 of the Road Transport Act (Act No. 4925 of 2003), road transport services excluded from its scope, such as: (i) passenger transport services which are provided within the boundaries of a province, irrespective of distance; (ii) intercity passenger transport services covering a distance of up to 100 km; and (iii) passenger transport services which are provided within municipal boundaries and contiguous areas, will be regulated by provincial and district traffic commissions or the responsible municipal authorities in accordance with the Road Transport Regulations (Official Gazette No. 25384 of 25 February 2004). The Committee requests the Government to provide more detailed information in this regard, including copies of any relevant legal texts not previously communicated.

Article 3. Tripartite consultations. The Committee notes the Government’s reference to the Tripartite Consultation Board provided for in section 114 of the Labour Code. However, in the absence of specific information on any tripartite consultations on matters related to the regulation of working time in road transport, the Committee requests the Government to provide additional clarifications in this regard.

Article 4, paragraph 1. Definition of “hours of work”. The Committee notes that apart from the definition of the term “working time”, which is contained in section 3 of the Regulations pertaining to working time which cannot be divided into weekly working days (Official Gazette No. 25425 of 6 April 2004) (hereinafter referred to as Transport Working Time Regulations), and which means the total time worked in the course of a work period, the national legislation does not appear to define the term “hours of work” to include time spent on driving, but also time spent on carrying out subsidiary work in connection with the vehicle, its passengers or its load. Recalling that such a definition is necessary, for instance for the purposes of implementing the requirements of Article 7 of the Convention, the Committee requests the Government to consider the possibility of introducing a definition of the term “hours of work” along the terms suggested in this Article.

Article 5, paragraph 1. Breaks. While noting that under section 98 of the Road Transport Regulations, drivers of vehicles carrying goods for commercial purposes and exceeding 3.5 tonnes, as well as drivers of vehicles carrying passengers for commercial purposes and of a transport capacity exceeding nine persons, are prohibited from driving more than 4.5 hours without a break, the Committee requests the Government to specify the maximum limits of continuous driving and the length of breaks applicable to drivers of vehicles weighing less than 3.5 tonnes or carrying less than nine passengers.

Article 7, paragraph 1. Breaks. The Committee notes that under section 7 of the Transport Working Time Regulations, workers must be granted rest breaks in accordance with section 68 of the Labour Code, that is, a break of 15 minutes for jobs lasting four hours or shorter, a break of 30 minutes for jobs lasting more than four hours, but shorter than or equal to 7.5 hours, and a break of one hour for jobs lasting more than 7.5 hours. It observes that in the absence of the clear definition of the term “hours of work” within the meaning of Article 4(1) of the Convention, this Article of the Convention cannot be fully implemented. The Committee therefore requests the Government to specify how it is ensured in law and in practice that drivers are granted a break after a continuous period of five hours of work, that is, time spent on driving or on carrying out subsidiary work in connection with the vehicle, its passengers or its load.

Article 9, paragraph 1. Temporary exceptions. While noting section 12 of the Transport Working Time Regulations which refers to overtime in cases of force majeure and extraordinary circumstances, the Committee would be grateful if the Government would provide more detailed explanations, and indicate relevant legal provisions, on any temporary extensions of driving time, extensions of continuous working time or reductions of daily rest periods in case of accident, breakdown, unforeseen delay, dislocation of service or interruption of traffic, and urgent and exceptional necessity for ensuring the work of services of public utility, as may be authorized under this Article of the Convention.

Part IV of the report form. Application in practice. The Committee notes the statistical information provided by the Government according to which the road transport sector consists of 6,456 workers employed in 441 public enterprises and 56,648 workers employed in 361,456 private companies. The Committee would be grateful if the Government would continue providing information concerning the application of the Convention in practice, including, for instance, statistical information on the number of workers employed in the road transport sector and covered by the relevant legislation, extracts from reports of the labour inspection services showing the number and nature of infringements reported, and the sanctions imposed, etc.