Demande directe (CEACR) - adoptée 1995, publiée 82ème session CIT (1995)

The Committee notes the Government's second report covering the period 1988 to June 1993. It also notes the enactment of the Organic Labour Act of 20 December 1990.

The Committee recalls that, when noting the Government's first report in 1988, it requested it to provide detailed information on the laws and administrative rules relating to the application of each of the Articles of the Convention, in accordance with point II of the report form. It once again requests the Government to provide the above information, taking into account the new legislation.

Furthermore, the Committee requests the Government to provide detailed information on the following points:

Article 1, paragraph 2, of the Convention. Please specify the measures taken to guarantee that these provisions apply in the case that the drivers are the owners of the motor vehicles.

Article 2. In its report, the Government refers to the regulations issued under the Land Transport Act. The Committee requests the Government to provide the above texts.

Article 3. The Committee notes that the organizations of employers and workers have not replied to the consultations held with regard to the application of the Convention. The Committee requests the Government to keep the ILO informed of any developments in this respect.

Article 5, paragraph 1. In its report, the Government states that the provisions of the Organic Labour Act respecting hours of work are applicable to land transport. It refers, in particular, to section 205 of the above Act, which provides that in work that does not involve a continuous process, a break shall be established and work shall not be carried on for more than five continuous hours. The Committee requests the Government to provide information on the measures that have been adopted to establish a compulsory break in road transport after a period of no more than four hours' continuous driving, in accordance with this provision of the Convention. It also requests the Government to supply information on any regulations issued by joint decision of the Ministries of Labour and of Communications and Transport. With regard to paragraphs 2 and 3, the Committee requests the Government to supply information on the exceptions allowed for the extension up to a maximum of five hours of the period of driving and on how the break may be split.

Article 6. In its report, the Government refers to the existence of a collective agreement in the passenger transport sector. The Committee would be grateful if the Government would communicate an example of the above agreement.

The Committee wishes to draw the Government's attention to the fact that clause 16 of the collective agreement for the passenger transport sector in the Federal District and in Miranda State, to which it refers in its report, could be contrary to Article 5 of the Convention if it applies to periods of continuous driving, in which case the break has to be required after a period of four hours. The Committee would be grateful if the Government would supply its comments on this point.

The Government is asked to report in detail in 1996.