Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) - Ukraine (Ratification: 2008)

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

Article 6 of the Convention. Driving times. Further to its previous comments, the Committee notes that the Government indicates in its report that the reference period of one month to be used to calculate hours of work on average is provided in section 6 of Order No. 138/2006. It also notes that sections 3.1 and 3.4 of Order No. 340/2010, which set the limits to total driving times, apply to all drivers covered by the Order.

Article 8(2). Limits to the possible reduction of daily rest. In its previous comments, the Committee noted that section 5.3 of Order No. 340/2010 allows the duration of daily rest to be reduced from ten to eight consecutive hours in certain cases without limiting this reduction to two consecutive days. The Committee recalls that Article 8(2) provides that the daily rest shall in no case be reduced to eight hours more than twice a week. In the absence of new information on this matter, the Committee requests the Government to take the necessary measures in order to ensure full compliance with this Article of the Convention and to provide information in this regard.

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

Article 6(1) of the Convention. Non-standard system of hours of work for drivers. The Committee notes that the Government’s succinct reply refers merely to the normal limits of maximum total driving time including overtime prescribed under sections 3.1 and 3.4 of the Order of the Ministry of Transport and Communications No. 340 of 7 June 2010 (hereinafter Order No. 340/2010). The point raised in the Committee’s last comment, however, concerns hours of work of drivers under the non-standard working day system provided for under section 2.10 of the Order. According to this section, this system applies to the drivers of cars except for taxis and it may be established in addition to the normal duration of working time. The non-standard part of working time shall not be deemed as overtime work thereby not giving rise to overtime pay. The number of hours of work to be performed under this system must be specified in a collective agreement. For the drivers working under a non-standard working day system, an additional annual leave must be granted in the form of compensation. The Committee requests the Government to explain how this system of non-standard working day is operated in practice by providing information concerning: (i) rules on cases under which such a non-standard working day system may be permitted; (ii) the number and types of cases authorized by the competent authority; and (iii) the length of periods of daily rest and breaks for drivers under this system. The Government is also requested to provide a copy of collective agreements which specify the maximum number of hours of work under the non-standard working day system.

Article 6(2). Averaging of hours of work. Further to its last comment on this point, the Committee notes the Government’s reply that a reference period in case of an aggregate recording of hours of work is as a rule per month, in accordance with section 61 of the Labour Code. It observes, however, that section 61 does not appear to contain any specific provisions related thereto. The Committee therefore requests the Government to specify a legal provision providing for a reference period of one month to be used to calculate an average hours of work in case of an aggregate recording of hours of work.

The Committee indicated in its last comment that section 2.3 of Order No. 340/2010 permits the use of an aggregate recording of hours of work, in case of which the normal duration of daily work must not exceed ten hours. However, in accordance with Article 6(1) and (2) of the Convention, the maximum total driving time, including overtime, must not exceed nine hours per day, even in case of an aggregate recording of hours of work. In the absence of reply on this point, the Committee reiterates its request for the Government to explain how this Article of the Convention is given effect.

Article 8(2). Averaging of daily rest. The Committee notes that the Government did not reply to the point raised in its last comment. The Committee reiterates its previous request for the Government to clarify how this Article of the Convention is given effect.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Article 6(1) of the Convention. Hours of work of drivers under non-standard working day system. The Committee notes with interest the first detailed report on the application of the Convention. It also notes the Order of the Ministry of Transport and Communications No. 340 of 7 June 2010 establishing regulations on hours of work and rest periods of drivers of wheeled vehicles. However, the Committee notes that section 2.10 of the Order permits a non-standard working day, i.e. in excess of the normal duration of the hours of work, for drivers of cars (except taxis). It also notes that this work may not be deemed as overtime work and does not give rise to overtime pay. The number of additional hours (which are not considered to be overtime hours) must be specified in a collective agreement. Finally, the Order provides for compensation in the form of additional annual leave for the drivers with a non-standard working day. The Committee requests the Government to provide additional explanations on the extent to which use is made of the non-standard working day for drivers of cars and to transmit copies of any relevant collective agreements specifying the maximum number of hours of work as well as the periods of daily rest and rest breaks for those drivers.

Article 6(2). Averaging of hours of work. The Committee notes that section 2.3 of Order No. 340/2010 permits the use of an aggregate recording of hours of work in order to make sure that the duration of hours of work for a reporting period does not exceed the normal number of working hours. The Order also provides that the decision to use an aggregate recording must be taken with the agreement of a trade union organization concerned. It further provides that in case of aggregate recording, the normal duration of daily work may not exceed ten hours. The Committee requests the Government to specify the reference period (i.e. the number of days or weeks) over which the normal daily and weekly driving times may be averaged. The Committee also wishes to draw the Government’s attention to the fact that the Convention does not allow for the extension of the normal duration of daily work to ten hours in the case of averaging.

Article 8(2). Averaging of daily rest. The Committee notes that section 5.7 of Order No. 340/2010 provides that for drivers to whom an aggregate calculation of hours of work applies (averaging), the duration of the daily rest may be decreased to eight consecutive hours during any 24-hour period. The Order does not require, however, that the daily rest may not be reduced to eight hours more than twice a week, as prescribed by this Article. The Committee therefore requests the Government to provide further explanations in this respect.

Articles 10(2)(b) and 11. Enforcement measures. The Committee notes that sections 7.1 and 7.2 of Order No. 340/2010 contain general provisions on State control and inspection for ensuring compliance with established rules on work and rest of drivers. The Committee would be grateful if the Government would provide information on the measures implementing the requirements set out in these Articles of the Convention, namely record-keeping and communicating records to the competent authority in a prescribed manner, adequate inspection system with verifications at the enterprise level but also on the roads, and appropriate penalties.

Part IV of the report form. Practical application. The Committee requests the Government to provide information on the application of the Convention in practice, including statistical information on the number of workers employed in the road transport sector and covered by the relevant legislation, copies of collective agreements or sample internal regulations containing provisions on hours of work and rest periods of road transport drivers, and extracts from reports of the labour inspection services showing the number and nature of infringements of the relevant legislation reported and the sanctions imposed.