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

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

The Committee notes that public and private transport of persons and goods is currently regulated by Supreme Decree No. 017-2009-MTC, which substantially reproduces the provisions of Supreme Decree No. 009-2004-MTC analysed by the Committee in its previous comments. The Committee also notes the observations of the National Society of Industry (SNI), which were communicated with the Government’s report. Noting that the Government provides little information with regard to the issues raised in the Committee’s previous comments, the Committee hopes that the Government will provide detailed information on the following points.

Article 7 of the Convention. Daily hours of work. The Committee notes that by virtue of section 30(2) of Supreme Decree No. 017-2009-MTC, drivers of vehicles in the public transport of persons may not drive for more than five consecutive hours during the day or four consecutive hours at night. By virtue of the same section, the daily limit of work in each 24-hour period is ten hours. However, the Government clarifies that, pending the entry into force of this provision, such a limit will continue to be 12 hours. The Committee reminds the Government that Article 7(1) of the Convention provides that the hours of work of persons to whom the Convention applies shall not exceed eight in the day. Daily hours of work can only be extended under certain conditions, namely: (i) where the hours of work on one or more days of the week are less than eight and by no more than one hour per day (Article 7(2)); (ii) in respect of persons whose weekly hours of work do not exceed 48 in any week, or whose hours of work average 48 (Article 7(3)(a)); (iii) in respect of persons who ordinarily do a considerable amount of subsidiary work or whose work is frequently interrupted by periods of mere attendance (Article 7(3)(b)); (iv) in cases where lost time is made up (Article 9); (v) in cases where there is a shortage of skilled labour (Article 10); (vi) in the event of accident or other urgent necessity (Article 11); (vii) in cases of indispensable work in order to meet exceptional requirements in respect of the transport of passengers between hotel and station and also transport affected by funeral undertakings (Article 12); and (viii) in cases of overtime work (Article 13). The Committee requests the Government to bring its legislation into full conformity with the provisions of the Convention on these points. It requests the Government to provide information on any progress in this regard. The Committee notes the comment of the SNI according to which only limits on hours of work for vehicles engaged in the transport of persons on the road are regulated under the applicable legislation. The Committee requests the Government to provide information on legislation regulating limits on hours of work for vehicles engaged in the transport of goods.

Article 15. Daily rest. The Committee again requests the Government to indicate the steps taken or contemplated in order to bring its legislation into conformity with this provision of the Convention.

Article 16(1). Weekly rest. The Committee requests the Government to take the necessary steps without delay to ensure that drivers are granted the weekly rest period prescribed by this provision of the Convention.

Recalling its previous comments, the Committee encourages the Government to ratify the Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153), which entails ipso jure the immediate denunciation of Convention No. 67. The Committee requests the Government to continue to provide information on any decision taken or contemplated in this regard.

The Committee is raising other matters in a request addressed directly to the Government.