Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Hours of Work (Industry) Convention, 1919 (No. 1) - Costa Rica (Ratification: 1982)

Articles 2 and 6(1)(b) of the Convention. Hours of work and overtime of bus drivers. The Committee has been receiving comments over the past three years, last on 30 August 2012, made by the Rerum Novarum Workers’ Confederation (CTRN) regarding the working hours of bus drivers, in particular alleged unpaid overtime. In its latest reply, the Government refers to a report of the National Chamber of Transport dated 15 February 2013, and reiterates that since the adoption of Act No. 7679 of 1997 that repealed section 146 of the Labour Code, employers in the road transport sector have reduced the working day to eight hours per day and only occasionally request bus drivers to work additional hours, in order to deal with unforeseen problems of staff shortage. As regards periods of rest, transport companies have increased the duration of the lunch break for employees following the repeal of section 146 of the Labour Code. The Government further indicates that sanitation facilities for employees in the transport sector have been installed in most terminals. More generally, based on information supplied by the National Chamber of Transport, the Government maintains that the allegations of the CTRN are incomplete, imprecise and without any factual or legal basis. Moreover, as they are not substantiated by any official documents, it is very difficult to verify whether those allegations are true. The Government recalls that the Ministry of Labour and Social Security (MTSS) has participated in several meetings between the representatives of the company “Transportes Unidos la 400” and the representatives of the National Association of Public and Private Employees (ANEP) aimed at finding negotiated solutions to problems such as sanitation facilities and the payment of additional hours. The Government also recalls that at the meeting of 8 November 2011, ANEP had acknowledged improvements with regard to sanitation facilities and the payment of additional hours. Finally, the Government indicates that, in 2012, the labour inspection services undertook 199 visits in road transport enterprises. The Committee trusts that if problems of unpaid overtime, or other infringements of the working time legislation, are reported again in the road transport sector, the Government will take prompt action to thoroughly investigate the matter and ensure that the Convention is effectively enforced.