Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) - Venezuela (Bolivarian Republic of) (Ratification: 1983)

Article 1(1) of the Convention. Legislation applicable to international transport. The Committee notes the adoption of the Organic Labour Act (LOTTT) of 30 April 2012, as well as the Partial Regulations implementing the Basic Labour Act (RPLOTTT) of 30 April 2013. The Committee further notes that section 240 of the LOTTT essentially reproduces the previous Organic Labour Act by specifying, for transport workers, that working hours should preferably be established through collective agreement or by Ministerial Resolution. In this respect, the Committee notes the Government’s indication that, for those transport workers who do not have a collective agreement or other resolution setting out their working conditions, Title IV, Chapter VI of the LOTTT stipulates that relevant provisions of the LOTTT, its regulations and the Land Transport Act will apply. Pursuant to section 175 of the LOTTT, where the hours of work are set through collective agreement, those hours may exceed the daily and weekly limits otherwise contained in the Act, only provided that: (1) those hours do not exceed 11 working hours per day, with rest time in accordance with sections 168–170 (providing among others for a minimum of one hour of rest for five hours of continuous work); (2) two days of continuous rest are guaranteed for every seven days of work; and (3) hours of work are limited to 40 per week in every eight-week period. The Committee further notes the Government’s indication that the regulations under the Land Transport Act of 1998 continue to regulate the working hours for drivers, according to which hours of work are fixed at eight hours of continuous work, with a half hour rest period for each three hours of driving.

While noting this information, the Committee recalls its previous comment which had noted that the scope of the applicable legislation is expressly limited to national territory. In this regard, the legislation does not appear to regulate the working conditions for those transport workers such as long-haul drivers who undertake international trips. Consequently, the Committee requests the Government to indicate the legislation which regulates the hours of work and rest periods for international transport drivers. Further, while noting the reference to relevant collective agreements that are in place, the Committee requests the Government to submit a sample copy of such agreements, as well as any Ministerial resolutions which may have been adopted containing specific provisions on the working hours of transport drivers. Finally, to the extent that the provisions regulating the working hours of transport drivers fall, by default in the absence of collective agreement, under sections 175 and 176 of the LOTTT, the Committee wishes to draw the Government’s attention to its most recent comments directed to the Government under the Hours of Work (Industry) Convention, 1919 (No. 1).