Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) - Uruguay (Ratification: 1989)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the Government’s report received in 2019 and the observations of the Inter-Union Assembly of Workers – Workers’ National Convention (PIT-CNT), sent with that report, as well as the additional information provided by the Government in the light of the decision taken by the Government Body at its 338th Session (June 2020).

Articles 6 and 10 of the Convention. Maximum total driving time. Means of supervision. The Committee notes that PIT-CNT alleges that, in practice, the limits provided under Article 6 (a maximum total driving time of nine hours a day and 48 hours a week) are largely exceeded, and that it is common for a worker to be available between 12 and 16 hours a day with cases of up to 64 hours of continuous work. The PIT-CNT considers that mechanisms to control working-hours should be put in place, and in that regard refers to the Integrated System for Cargo Transport Control (SICTRAC). The Committee also notes that the Government refers, in the information it provided in 2020, to recommendations by the Group 13 Wages Council (subgroup 7 (National Cargo Transport by Road) and subgroup 8 (International Cargo Transport)), adopted in March 2020, in response to the health crisis caused by the COVID-19 pandemic. Those recommendations provide the following: (i) to allow the enterprise, solely when the worker is in full agreement, to grant leave as a measure prior to recourse to unemployment insurance; (ii) to draw up a list of volunteers who, as a result of their health or family situation, etc. wish to make use of unemployment insurance; (iii) put in place a rotating system of unemployment insurance, within the possibilities of each enterprise and the types of work carried out by each worker; (iv) make use of special, partial unemployment insurance, sharing out the work among all workers, so as to maintain, to the extent possible, an active link to work. The Committee understands that the situation alleged by the PIT-CNT may have changed drastically as a consequence of the health crisis. The Committee is aware of the difficult situation caused by the COVID-19 pandemic in the road transport sector. The Committee requests the Government to provide information on the development of the situation, including on the implementation of SICTRAC or any other measure that may have been adopted in that regard.

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

The Committee notes the adoption of Decree No. 108/2007 of 22 March 2007 to standardize the work supervision records kept by enterprises in all sectors of activity, and particularly sections 9, 24 and 27 of the Decree which apply the provisions of Article 10 of the Convention.

Article 3. Consultations on rest periods for drivers. The Committee notes the information that a quadripartite committee has been established at the General Inspectorate of Labour and Social Security – composed of members of the National Labour Directorate of the Ministry of Labour and Social Security, the Ministry of Transport and Public Works, organizations of employers and the workers’ union – in order to improve the conditions of work of drivers particularly as regards rest and overtime. The Committee asks the Government to continue to provide information on the maximum hours of work of drivers and to send any other relevant information on the work of the quadripartite committee of the Ministry of Labour and Social Security and the results obtained.

Articles 6 and 8. Averaging of the maximum total driving time and/or of the daily rest. The Committee notes the information sent by the Government to the effect that the General Labour Inspectorate has issued no authorizations regarding overtime since 2005. The Committee recalls that the provisions of the Convention allow the averaging of hours of work and rest over a number of days or weeks, inter alia, to take account of the particular nature of the road transport sector, and asks it to provide information on any decisions taken to this effect or on any clauses in collective agreements allowing the hours of work and rest of drivers to be calculated as an average.

Part IV of the report form. Practical application. The Committee notes the information sent by the Government that 89 inspections were carried out in transport enterprises in 2006 and 113 inspections in 2007. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts of reports by the labour inspection services indicating the number of infringements reported in the area of hours of work in road transport and the penalties imposed, statistical data on the number of workers covered by the legislation, official studies carried out in the sector, copies of relevant collective agreements, regional initiatives on the harmonization of road transport and any effects they may have had on the application of the Convention, along with any other information enabling the Committee to assess whether the provisions of the Convention are applied effectively.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information contained in the Government’s last report and the attached documentation. It notes, in particular, that Decree No. 242/987 of 13 May 1987 has been amended by Decree No. 55/000 of 11 February 2000 as far as rest periods in industry and commerce are concerned.

Article 3 of the Convention. Recalling its previous comments, the Committee would be grateful if the Government would continue to inform the Office on the subject and results of any consultations undertaken with the employers’ and workers’ representative organizations on the matters covered by the provisions of the Convention.

Article 6, paragraphs 1 and 2. The Committee notes the Government’s statement that, according to section 6 of Act No. 15996 of 17 November 1988 and section 17 of Decree No. 550/989 of 22 November 1989, the requests for temporary and/or permanent exceptions authorizing overtime beyond the maximum allowed by the legislation do not require any special formalities other than a fair and reasonable cause and prior consultations with employers’ and workers’ organizations. The Committee further notes the Government’s indication that no such requests have so far been received in practice and also that the General Labour Inspectorate has not authorized averaging in the road transport sector. The Committee requests the Government to continue supplying information on all future developments concerning the regulation of maximum hours of work of wage-earning drivers.

Article 8, paragraphs 2, 3 and 4. Further to its previous comment, the Committee requests the Government to keep it informed of any decisions concerning the averaging of daily rest of drivers, or possible variations in the duration of daily rest periods, in accordance with this Article of the Convention.

Article 10. The Committee notes that Decree No. 658/91 and Decree No. 392/980 of 18 June 1980, as amended by Decree No. 21/983, are apparently in compliance with paragraphs 1 and 2 of this Article of the Convention in so far as they provide for the maintenance of "work schedule registers" indicating among other things the hours of work and periods of rest of all employees (Chapter II of Decree No. 392/980), "special working time books" showing any changes and overtime (Chapter III of Decree No. 392/980), and individual "work certificates" specifying among other things the hours of work and rest periods (Chapter VII of Decree No. 392/980). The Committee would be grateful if the Government would provide in its next report specimen copies of the abovementioned documents.

In addition, the Committee notes the Government’s indication that Decree No. 7/82 of 13 January 1982, as amended by Decree No. 463/995 of 27 December 1995, and Decree No. 14/983 of 12 January 1983, as amended by Decree No. 356/989 of 26 July 1989, provide for tachographs in vehicles engaged in the transport of passengers. The Committee requests the Government to transmit copies of the above-referenced instruments and also to specify any similar provisions requiring tachographs for vehicles engaged in the transport of goods.

Part III of the report form. The Committee would be grateful if the Government would continue to provide information on any new court decisions bearing on the application of the Convention.

Part IV of the report form. While noting the general information on the number and results of inspection visits carried out in the period from June 2002 to May 2003, the Committee would be grateful if the Government would provide in its next report sector-specific information showing, for instance, the number and nature of infringements observed with respect to the hours of work and periods of rest of road transport workers and the sanctions imposed.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report. It notes that Decree No. 242/987 of 13 May 1987 revised the Decree of 29 October 1957, as far as rest periods in certain activities are concerned. The Government is requested to provide a copy of the revising decree.

The Committee further notes that a number of court decisions with relevance to Convention No. 153 have been cited and analysed in the report. Unfortunately, except for Decisions Nos. 17 of 15 March 1995 and 84 of 28 October 1996, no decisions have so far been received in the Office. The Committee, therefore, requests the Government to supply the missing decisions with its next report and to make available to the Office any new ones.

The Government is asked to provide further information on the following points.

Article 3 of the Convention. Referring to its previous comments, the Committee asks the Government to continue to inform the Office on any matters on which the competent authority might consult the representative organizations of employers and workers.

Article 6, paragraphs 1 and 2. The Decree of 29 October 1957 is apparently in compliance with these provisions of the Convention, in so far as it determines that the actual working time may not exceed eight or nine hours per day and 48 hours per week (sections 19 and 20) and permits, in the case of shift work, averaging of hours of work over a period of three weeks so that the average working time does not exceed eight hours per day and 48 hours per week (section 21). However, sections 14 and 15 of the Decree of 29 October 1957, section 5 of Act No. 15996 of 17 November 1988, and section 16 of Decree No. 550/989 of 22 November 1989, permit overtime up to six or eight hours per week. The competent public authority may authorize temporary or permanent exceptions permitting overtime, which goes even further (section 6 of Act No. 15996 and section 17 of Decree No. 550/989). The Committee asks the Government to indicate any exceptions made under sections 14 and 15 of the Decree of 29 October 1957 and the manner in which sections 5 and 6 of Act No. 15996 and sections 16 and 17 of Decree No. 550/989 are applied in road transport. The Committee further requests the Government to indicate whether the National Labour Institute, according to section 21 of the Decree of 29 October 1957, has authorized averaging.

Article 8. The Committee takes note of Article 2 of Decree No. 382/972 of 1 June 1972, which provides for daily rest for drivers in road transport, in conformity with the Convention. It asks the Government to keep it informed of any decisions taken in virtue of Article 8, paragraphs 2, 3 and 4, of the Convention.

Article 10, paragraphs 1 and 2. The Committee notes that controlling measures with regard to hours of work and rest periods in road transport are laid down in the Decrees Nos. 392/980 and 21/983, as amended. It requests the Government to supply a copy of the relevant texts.

Article 10, paragraph 3. The Committee notes that, according to Decree No. 7/982 of 13 January 1982 and Decree No. 369/974 of 9 May 1974, passenger transports require speedometers, as a means of modern supervisory methods. It requests the Government to indicate any provisions requiring speedometers for goods transport.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the Government's report as well as the information provided in reply to its previous observation. It notes with interest the indication that the Decrees of 17 and 23 August 1994 include the driver category in the definition of the vehicle crew of urban passenger transport of the district of Montevideo. Furthermore, referring to its previous comments, the Committee notes that the Government supplies detailed information in reply to points III and IV of the report form. It would be grateful if the Government would also supply all relevant information on consultations undertaken in application of Article 3 of the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

1. The Committee notes the Government's reports which were received in September and November 1995. With reference to its previous observation, it also notes the communication sent by the Inter-Union Assembly of Workers - National Convention of Workers (PIT-CNT) containing the observations made by the National Union of Transport Employees and Manual Workers (UNOTT), and the Government's reply.

2. UNOTT considers that the Government's latest report refers unjustly to the collective agreement of 9 August 1994 between the urban transport undertakings of the department of Montevideo and the organizations of workers' representatives, as well as to the governmental decrees of 17 and 23 August 1994 as implementing the provisions of the Convention. The opinion of UNOTT is that these decrees and collective agreements merely settled the dispute between the Uruguay Public Transport Company (CUTCSA) and the representative organizations mentioned above by granting vehicle crews a 30-minute break. The only two national standards which give effect to the Convention are Act No. 5350 of 17 November 1915 and the Decree of 29 October 1957. UNOTT adds that the definition of hours of work is laid down by the combination of section 4 of Act No. 5350 and sections 6, 10 and 29 of the Decree of 29 October 1957. Taking into account all the time during which workers or employees cannot dispose freely of their time or are present at their workplace or available to an employer or a hierarchical superior during actual hours of work, these provisions are said to be more favourable to workers than Article 4, paragraph 2, of the Convention and should be applied as such. The result according to UNOTT is that there are no reasons for splitting the rest period, as proposed by CUTCSA and confirmed by an opinion of the General Labour Inspectorate.

3. In its reply, the Government emphasizes that there are no regulations applying the Convention as a whole and that the collective agreement of 9 August 1994, along with the Decrees of 17 and 23 August 1994, only deal with part of the matter.

4. The Committee requests the Government to indicate whether the vehicle crew, as defined in the collective agreement of 9 August and the Decrees of 17 and 23 August 1994, includes drivers. The Committee notes that the Government has not excluded urban transport from the Convention's scope pursuant to Article 2. It would recall that under Article 5, paragraphs 3 and 4, the competent authority or body may, after consulting with employers' and workers' organizations in accordance with Article 3, decide how the break may be split or exclude rest periods because drivers have sufficient breaks as a result of stops provided for in the timetable or as a result of the intermittent nature of the work.

5. Furthermore, the Committee notes the information contained in the Government's reports in reply to its previous comments. It notes in particular that section 1 of the Decree of 29 October 1957 has been repealed by Decree 611/80 of 19 November 1980 and that heads of firms and members of their families are not excluded from national legislation on hours of work. The Committee also notes that an adequate system of inspection and appropriate penalties for infringement are provided by Decree 680/977 of 6 December 1977 and Act No. 15.903 of 10 November 1987. The report describes the regular consultations of employers' and workers' organizations on the matters covered by the provisions of the Convention. The Government is requested to supply detailed information on the subject of these consultations and their results (Article 3).

Finally, noting that the problem raised by UNOTT relates to the practical application of the Convention and noting that the Government's report mentions none of the many judgements cited by UNOTT, the Committee would be grateful if the Government would indicate in subsequent reports any change, progress or difficulty arising in application of the provisions of the Convention and would supply full information on any decision of the courts or other tribunals raising matters of principle on this subject (points III and IV of the report form).

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's first and subsequent reports which consist mainly of uncommented pieces of legislation. From the Committee's first examination it appears that the provisions of the Convention have not been applied in full.

Article 1, paragraph 2, of the Convention. Under this provision, owner-drivers of motor vehicles and non-wage-earning members of their families shall come under the national hours-of-work legislation. However, section 1, subsections 3 and 6, of the Decree of 29 October 1957 to institute a new reglementation for industry and commerce with the aim of unifying and harmonizing provisions of the national legislation with the international conventions exclude directors, managers or chiefs of enterprises from the application of the Decree as well as the employers' children working in their parents' enterprises if they are not permanently employed or employed as wage-earners. The Committee asks the Government to bring these provisions of the national legislation in line with the Convention.

Furthermore, the Committee requests the Government to send, with its next report, full information on all points listed in the report form, but with special reference to the following points:

- Article 2, paragraph 1(a) - any exclusion of certain types of urban transport, and (b) the extent to which drivers in rural industries have been excluded from the hours-of-work legislation under section 1, subsection 1 of the Decree of 29 October 1957;

- (c)-(f) - any information regarding these provisions of the Convention;

- Article 3 information concerning consultations with employers' and workers' organizations on matters covered by this Convention;

- Article 4, paragraph 2, and Article 5, paragraph 4 - whether under section 6 of the Decree exceptions for temporary or intermittent work have been granted for road transport by the Ministry of Industry and Labour;

- Article 6, paragraph 1 - any exceptions under sections 14 and 15 of the Decree of 29 October 1957 in road transport and the application of section 5 of Act No. 15996 and section 17 of Decree 550/1989 in this branch of activity;

- paragraph 2 - whether, according to section 21 of the Decree of 29 October 1957, the working time has been spread over an extended period;

- paragraph 3 - reduction of driving times in particularly difficult conditions;

- Article 8 - the required information concerning daily rest periods;

- Article 9, paragraph 1(c) - exceptions to the requirements of the Convention in case of urgent and exceptional necessity for ensuring the work of services of public utility;

- Article 10, paragraph 1(b) - notification of the hours worked in accordance with Article 9, paragraph 1, of the Convention;

- paragraph 3 - provisions for the application of modern methods of supervision, as for instance tachographs;

- Article 11(a) - specific information concerning labour inspection in road transport and verification in the undertaking and on the roads.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's reports, which were received in September and November 1995 for the period between July 1990 and August 1995. In September 1995, the Inter-Union Assembly of Workers-National Convention of Workers (PIT-CNT) transmitted to the Office observations made by the National Union of Transport Employees and Manual Workers (UNDTT) concerning important aspects of the application of the Convention. According to normal practice, the communication from the organization of workers was transmitted to the Government so that it could consider whether to make its own comments on the matter. The Committee decided to defer the examination to its next session and trusts that the Government will provide it with its own comments on the observations made by the trade union organization.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the Government's first and subsequent reports which consist mainly of uncommented pieces of legislation. From the Committee's first examination it appears that the provisions of the Convention have not been applied in full.

Article 1, paragraph 2, of the Convention. Under this provision, owner-drivers of motor vehicles and non-wage-earning members of their families shall come under the national hours-of-work legislation. However, section 1, subsections 3 and 6, of the Decree of 29 October 1957 to institute a new reglementation for industry and commerce with the aim of unifying and harmonizing provisions of the national legislation with the international conventions exclude directors, managers or chiefs of enterprises from the application of the Decree as well as the employers' children working in their parents' enterprises if they are not permanently employed or employed as wage-earners. The Committee asks the Government to bring these provisions of the national legislation in line with the Convention.

Furthermore, the Committee requests the Government to send, with its next report, full information on all points listed in the report form, but with special reference to the following points:

- Article 2, paragraph 1(a) - any exclusion of certain types of urban transport, and (b) the extent to which drivers in rural industries have been excluded from the hours-of-work legislation under section 1, subsection 1 of the Decree of 29 October 1957;

- (c)-(f) - any information regarding these provisions of the Convention;

- Article 3 information concerning consultations with employers' and workers' organizations on matters covered by this Convention;

- Article 4, paragraph 2 and Article 5, paragraph 4 - whether under section 6 of the Decree exceptions for temporary or intermittent work have been granted for road transport by the Ministry of Industry and Labour;

- Article 6, paragraph 1 - any exceptions under sections 14 and 15 of the Decree of 29 October 1957 in road transport and the application of section 5 of Act No. 15996 and section 17 of Decree 550/1989 in this branch of activity;

- paragraph 2 - whether, according to section 21 of the Decree of 29 October 1957, the working time has been spread over an extended period;

- paragraph 3 - reduction of driving times in particularly difficult conditions;

- Article 8 - the required information concerning daily rest periods;

- Article 9, paragraph 1(c) - exceptions to the requirements of the Convention in case of urgent and exceptional necessity for ensuring the work of services of public utility;

- Article 10, paragraph 1(b) - notification of the hours worked in accordance with Article 9, paragraph 1, of the Convention;

- paragraph 3 - provisions for the application of modern methods of supervision, as for instance tachographs;

- Article 11(a) - specific information concerning labour inspection in road transport and verification in the undertaking and on the roads.