Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Hours of Work (Industry) Convention, 1919 (No. 1) - Chile (Ratification: 1925)

Article 5 of the Convention. Working hour limits – Exceptional cases. The Committee notes the adoption of resolution No. 1082 of 22 September 2005, which authorizes the introduction of an exceptional system for the distribution of working hours and rest periods for drivers and auxiliaries employed in intercity transport services and on railways. It notes that this resolution introduces three types of distribution: (i) seven consecutive days’ work followed by two days’ rest; (ii) nine consecutive days’ work followed by three days’ rest; and/or (iii) ten consecutive days’ work followed by four days’ rest. In this regard, the Committee recalls that under the Convention exceptions to the daily and weekly hours of work may only be granted in exceptional cases rendering the normal working hour limits inapplicable by means of an agreement between the workers’ and employers’ organizations (Article 5, paragraph 1) and provided that the average number of hours worked per week, over the number of weeks covered by any such agreement, does not exceed 48 hours (Article 5, paragraph 2). The Committee notes that, although section 3 of the resolution mentioned above requires a prior agreement between the transport enterprise and its employees before a request for authorization may be examined, it does not contain a provision on the daily and weekly limits applicable in the context of this exceptional system. The Committee therefore requests the Government to provide further information on this point and to indicate how it is ensured that the average number of hours worked per week does not exceed 48 hours.

With regard to Articles 2 (normal daily and weekly working hours), 5 (distribution of working hours over a period longer than one week) and 6 (permanent and temporary exceptions), the Committee requests the Government to refer to the comments made under Articles 1, 6 and 7 of Convention No. 30.