Direct Request (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 the Government does not reply to its 2009 direct request. Therefore, it refers to its previous comment and draws the Government’s attention on the following points:

Article 1 of the Convention. Scope of application. With regard to measures taken or contemplated specifically to regulate hours of work in private road transport services carrying passengers or goods, the Committee noted the Government’s indication that no measure had been adopted in this respect. The Committee therefore again requests the Government to provide information on any development in this respect.

Article 5. Weekly working hours. The Committee notes that section 30 of Supreme Decree No. 017-2009-MTC regulating public and private transport of persons and goods regulates daily hours of work and not weekly hours of work. Recalling that Article 5 of the Convention states that weekly working hours should not, in principle, exceed 48 in the week, the Committee again requests the Government 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 that section 30 of Supreme Decree No. 017 2009-MTC deals only with the maximum number of hours of driving per day. It 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 requests the Government to state whether the new legislation on transport of persons and goods was the subject of consultations with the employers’ and workers’ organizations concerned, as prescribed by this Article of the Convention.