Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) - Türkiye (Ratification: 2005)

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 1 of the Convention. Implementing legislation. The Committee recalls that in its previous comment, it had requested further information concerning the applicable legislation for the following categories of workers: (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. The Committee notes the Government’s indication that it has not specifically regulated the rest breaks for drivers that are excluded from the scope of application of the Road Transport Regulations, that is, drivers of vehicles of less than 3.5 tons and drivers of vehicles carrying passengers for commercial purposes with transport capacity of less than nine persons, including the driver. Nevertheless, the Government indicates that the applicable rest breaks are regulated by section 7 of the Regulations pertaining to working time, which provides that workers are entitled to rest breaks in accordance with section 68 of the Labour Act.

The Committee accordingly requests the Government to provide more information in this regard, including copies of any relevant legal texts not previously communicated. Further, concerning the rest period which falls, by default in the absence of further regulations, under section 68 of the Labour Act, the Committee wishes to draw the Government’s attention to its most recent comments under the Weekly Rest (Industry) Convention, 1921 (No. 14).

Article 3. Tripartite consultations. The Committee notes the Government’s statement that the Tripartite Consultation Board, which serves as a consultative platform to improve labour peace and industrial relations, does not address working time in road transportation in its agenda. Recalling that this Article of the Convention requires that the representative organizations of employers and workers concerned be consulted by the competent authority, the Committee requests the Government to begin such consultations in the near future, either within the context of the Tripartite Consultation Board or any other national mechanism, and to provide information on any steps taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

Article 2(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(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(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(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(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.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with interest the Government’s first report on the application of the Convention. Pending the translation of numerous legislative texts which will enable a detailed assessment of the application of the substantive provisions of the Convention, the Committee wishes to draw the Government’s attention to the following preliminary points.

Article 2, paragraph 1(a), of the Convention. Scope of application. The Committee notes the Government’s indication that section 2 of the Road Transport Act No. 4925 of 2003 excludes from its scope of application transport by private car, trailers powered by tractors, or transport vehicles belonging to public administration, municipalities or universities. In addition, section 2 of the Road Transport Regulation No. 25384 of 2004 excludes passenger transport operating within provincial borders, intercity passenger transport operating within 100 kilometres and local passenger transport operating within municipal borders. The Committee requests the Government to indicate any standards on driving time and rest periods for drivers engaged in any of the above excluded categories of road transport and to specify the legal instruments setting out such standards.

Article 3. Tripartite consultations. The Committee notes the Government’s reference to section 114 of the Labour Law (Act No. 4857 of 22 May 2003) concerning a tripartite advisory board established for promoting labour peace and industrial relations and for monitoring the preparation and implementation of labour legislation. It asks the Government to provide more detailed information on any consultations held on road transport-related matters prior to the adoption of the Road Transport Act and the Road Transport Regulation with the employers’ and workers’ organizations concerned and the results obtained.

Article 5, paragraphs 1 and 2. Driving hours and breaks. The Committee notes the Government’s indication that under section 98 of Regulation No. 25571 of 2004 on changes to the Road Traffic Regulation, drivers of vehicles over 3.5 tonnes or of vehicles carrying at least nine persons, are prohibited from driving more than nine hours in total in a day and four-and-a-half hours without a break. Recalling that the Convention requires that no driver be allowed to drive continuously for more than four hours (or five hours subject to authorization in particular conditions) 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.

Moreover, the Committee notes that the Government’s report does not contain references to specific legal provisions with regard to certain requirements of the Convention. It would therefore appreciate if the Government would indicate the legal provisions giving effect to the following: Article 6, paragraph 1 (maximum weekly driving time), and paragraph 3 (reduced driving time after heavy working week); Article 8 paragraph 5 (daily rest for drivers of vehicles equipped with sleeping facilities); Article 10 (maintenance of tachographs).

Part IV of the report form. While noting the statistical information concerning the number of road transport workers covered by the relevant legislation and the number of inspections carried out in the transport sector in 2006, the Committee would be grateful if the Government would continue to provide up to date information on the practical application of the Convention including, for instance, extracts from reports of the labour inspection services, official surveys of the road transport sector with special reference to working time issues, copies of relevant collective agreements, etc.