CMNT_TITLE

Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) - Ukraine (RATIFICATION: 2008)

Other comments on C153

Direct Request

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Article 6(1) of the Convention. Non-standard system of hours of work for drivers. The Committee notes that the Government’s succinct reply refers merely to the normal limits of maximum total driving time including overtime prescribed under sections 3.1 and 3.4 of the Order of the Ministry of Transport and Communications No. 340 of 7 June 2010 (hereinafter Order No. 340/2010). The point raised in the Committee’s last comment, however, concerns hours of work of drivers under the non-standard working day system provided for under section 2.10 of the Order. According to this section, this system applies to the drivers of cars except for taxis and it may be established in addition to the normal duration of working time. The non-standard part of working time shall not be deemed as overtime work thereby not giving rise to overtime pay. The number of hours of work to be performed under this system must be specified in a collective agreement. For the drivers working under a non-standard working day system, an additional annual leave must be granted in the form of compensation. The Committee requests the Government to explain how this system of non-standard working day is operated in practice by providing information concerning: (i) rules on cases under which such a non-standard working day system may be permitted; (ii) the number and types of cases authorized by the competent authority; and (iii) the length of periods of daily rest and breaks for drivers under this system. The Government is also requested to provide a copy of collective agreements which specify the maximum number of hours of work under the non-standard working day system.

Article 6(2). Averaging of hours of work. Further to its last comment on this point, the Committee notes the Government’s reply that a reference period in case of an aggregate recording of hours of work is as a rule per month, in accordance with section 61 of the Labour Code. It observes, however, that section 61 does not appear to contain any specific provisions related thereto. The Committee therefore requests the Government to specify a legal provision providing for a reference period of one month to be used to calculate an average hours of work in case of an aggregate recording of hours of work.

The Committee indicated in its last comment that section 2.3 of Order No. 340/2010 permits the use of an aggregate recording of hours of work, in case of which the normal duration of daily work must not exceed ten hours. However, in accordance with Article 6(1) and (2) of the Convention, the maximum total driving time, including overtime, must not exceed nine hours per day, even in case of an aggregate recording of hours of work. In the absence of reply on this point, the Committee reiterates its request for the Government to explain how this Article of the Convention is given effect.

Article 8(2). Averaging of daily rest. The Committee notes that the Government did not reply to the point raised in its last comment. The Committee reiterates its previous request for the Government to clarify how this Article of the Convention is given effect.