Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Hours of Work and Rest Periods (Road Transport) Convention, 1939 (No. 67) - Peru (Ratification: 1962)

The Committee takes note of the information supplied by the Government in answer to its previous comments, particularly that concerning the implementation of sections 56 and 57 of Presidential Decree No. 05-95-MTC and the effect given to Articles 7, 11, 13, paragraph 2, and 15, of the Convention.

With regard to Article 16, paragraph 1, of the Convention, which prescribes rest comprising at least 30 consecutive hours in every period of seven days, of which not less than 22 must fall within the same calendar day, the Government indicates that it gives effect to this Article by adding the minimum weekly rest period of 24 hours established in section 1 of Legislative Decree No. 713 to the daily rest period pertaining to the day that precedes it. In the Committee’s view, this interpretation of a general text applying to the private sector is insufficient to ensure that the 30 consecutive hours of rest prescribed by the Convention are invariably granted to all workers, in both the public sector and the private sector, to which the Convention applies. Consequently, it asks the Government to take the necessary steps to bring the legislation fully into line with the Convention on this point.

The Government is again requested to provide all relevant information on the way in which effect is given to Article 18, paragraph 3, of the Convention which establishes the requirement for an individual control book to be issued to every person to whom this Convention is applied.

The Government is also asked to provide all relevant information on how the Convention is applied in practice, in accordance with the information requested in Part V of the report form, and to keep the ILO informed of the adoption of the Bill of 4 July 1999 on road transport, mentioned in the report, as well as any other relevant texts. In this connection, the Committee recalls that it has asked the Government to adopt for road transport enterprises in the private sector regulations similar to those adopted for the public sector.