Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 1 of the Convention. Scope of application. Further to its previous comment regarding the legislation implementing the framework Act on public employment, the Committee notes the Government’s indication that the principal legislation adopted since the entry into force of the framework Act is Legislative Decree No. 1023, which establishes the National Civil Service Authority. It notes in particular that additional provision No. 10 of this Decree reaffirms the hours of work established by the National Constitution in the public sector and provides that these may not exceed eight hours per day and 48 hours per week.

Furthermore, as regards the regulations applicable to road transport in the private sector, the Committee notes Supreme Decree No. 048-88-TC concerning school transport and Supreme Decree No. 003-2005-MTC issuing national regulations on tourist land transport. It requests the Government, however, to send a copy of Supreme Decree No. 08-78-TC, as amended, concerning goods transport, which has still not been made available to the Office.

Finally, with regard to measures taken or contemplated specifically to regulate hours of work in private road transport services carrying passengers or goods, the Committee notes the Government’s indication that no measure has been adopted in this respect. The Committee therefore requests the Government to keep the Office informed of all development in this respect.

Article 5. Weekly working hours. Further to its previous comment on this point, the Committee notes that section 121 of Supreme Decree No. 009‑2004‑MTC, mentioned in the Government’s report, regulates daily hours of work and not weekly hours of work. The Committee recalls that Article 5 of the Convention states that weekly working hours should not, in principle, exceed 48 in the week. The Committee therefore requests the Government once again to indicate the laws or regulations which give effect to this Article of the Convention.

Article 8. Maximum number of hours between the beginning and end of the working day. The Committee notes the Government’s indication to the effect that section 121 of the abovementioned Decree lays down the maximum number of hours which may be worked between the beginning and the end of the working day. However, this provision deals only with the maximum number of hours of driving per day. The Committee recalls that the maximum number of hours referred to in Article 8 of the Convention includes time spent in work done during the running time of the vehicle, time spent in subsidiary work, periods of mere attendance, and breaks for rest and interruptions of work and not only the maximum number of hours of driving per day. The Committee therefore again requests the Government to indicate the legislative provisions which state the maximum number of hours which may be worked between the beginning and the end of the working day.

Article 17. Obligation to hold consultations. The Committee notes the legislative amendments which have occurred in the field of transport, particularly the abrogation of Supreme Decree No. 005-95-MTC and Supreme Decree No. 040-2001-MTC, which have been replaced by Supreme Decree No. 009‑2004-MTC issuing national regulations for transport administration. The Committee requests the Government to state whether the new national regulations for transport administration were the subject of consultations with the employers’ and workers’ organizations concerned, as prescribed by this Article of the Convention.

Part V of the report form. Practical application. The Committee again requests the Government to provide a general description of the manner in which the Convention is applied in practice, including, for example, extracts from reports of the inspection services, the number of workers protected by the relevant legislation and, if possible, statistics on the number and nature of reported infringements.