Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Convention (n° 67) sur la durée du travail et les repos (transports par route), 1939 - Pérou (Ratification: 1962)

Further to the Government’s last report, the Committee wishes to obtain additional information on the following points.

Article 1 of the Convention. Scope of application. The Committee notes that, in its report, the Government refers to a draft framework Act on public employment that has since been adopted by Parliament. Section 15 of Act No. 28175 of 18 February 2004, enumerates the rights of public sector employees, including the right to paid rest. The Government indicates in its report that other standards will be adopted to develop the concepts contained in this framework Act and will cover in particular the question of hours of work. The Committee requests the Government to keep the Office informed of the progress made on the adoption of these implementing texts.

Moreover, as the Committee noted previously, Supreme Decree No. 05-95-MTC governs public inter-provincial road transport service for passengers by bus. In its previous comments, the Committee requested the Government to adopt other similar regulations, applicable in particular to private sector road transport enterprises. In its 1999 report, the Government mentioned the existence of regulations governing other types of road transport, namely the regulations on the transport of goods, approved by Supreme Decree No. 08-78-TC, as amended, the regulations on school transport, approved by Supreme Decree No. 048-88-TC, and the regulations on tourist transport, approved by Supreme Decision No. 011-78-TC. The Committee requests the Government to provide copies of these texts.

The Committee further notes that the Government refers in its report to Legislative Decree No. 713, which consolidates the legislation respecting paid rest for private sector workers. It requests the Government to indicate whether measures have been taken or are envisaged, specifically respecting working hours in private road transport services carrying passengers or goods, taking into account the specific characteristics of this branch of activity.

Article 5. Weekly working hours. The Committee notes that Supreme Decree No. 05-95-MTC governing the public inter-provincial road transport service for bus passengers does not contain any provisions on maximum weekly working hours, which should not, in principle, exceed 48 in the week. It requests the Government to indicate which legal provisions or regulations set such a limit for the workers covered by this Supreme Decree.

Article 8. Maximum number of hours which may separate the beginning and end of the working day. The Committee requests the Government to indicate whether the competent national authority has prescribed the maximum number of hours which may separate the beginning and end of the working day in the road transport sector, in accordance with this provision of the Convention.

Part V of the report form. The Committee again requests the Government to supply general indications on the manner in which the Convention is applied in practice, providing, for example, extracts from reports of the inspection services and, if possible, statistics on the number and nature of violations recorded.