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

Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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

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).

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

Article 1, paragraph 1, of the Convention. Legislation applicable to international transport. In its previous reports, the Government had pointed out that the legislative texts applying the provisions of the Convention were the Organic Labour Act of 10 June 1997 (LOT) and the Transit and Land Transport Act of 26 November 2001. The Committee notes that these texts only apply to transport within the national territory. Consequently, the Committee requests the Government to indicate the legislation which regulates the hours of work and rest periods for international transport drivers. Furthermore, the Committee notes that the abovementioned Act of 2001 repeals the Land Transport Act of 26 August 1996. It understands is lead to believe that the regulations issued under the Land Transport Act of 1998 are still in force. The Committee requests the Government to specify if this is the case.

Article 5. Length of working time and period of rest. In its previous comment, the Committee had noted the Government’s indication that most collective agreements, concluded pursuant to section 328 of the LOT – which provides that the provisions concerning the work day in the land transport sector are to be established by collective agreement or a joint resolution adopted by the Ministries of Labour and Transport – refer to the general provisions on working time under the LOT (section 189 et seq.). The Committee also notes that section 323, paragraph 1, of the regulations issued under the Land Transport Act provides for the possibility of adapting the provisions on driving time and breaks, as well as on the second (relief driver) to the various means of transport, either public or private, of persons or goods – by means of a resolution adopted by the Ministry of Communications and Transport after consultations with the organizations of the transport sector concerned. The Committee requests the Government to submit a copy of any collective agreement concluded in the transport sector under section 328 of the LOT, as well as resolutions adopted by the Ministry of Transport and Communications containing specific provisions on, particularly, the total maximum driving time, including overtime, the daily period of rest, the calculation of average hours of work and the rest period, temporary exemptions authorized and means of supervision (for example, individual control book, etc.).

Part IV of the report form. Practical application. The Committee requests the Government to submit general indications on the way in which the Convention is applied, by giving, for example, information on the number of workers covered by the legislation, extracts from the reports of the inspection services indicating the number and nature of violations recorded and the penalties imposed, etc.

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

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 report sent by the Government in reply to its previous direct request.

Article 1, paragraph 2, of the Convention. The Government indicates that sections 327 et seq. of the Organic Labour Act (LOT) determine the hours of work applying to land transport. The above section ensures application of these provisions to drivers who own their vehicles.

Article 2. The Committee notes the regulations to apply the Act on land transport.

Article 5, paragraph 1. The Government indicates that, under section 328 of the LOT, hours of work in the land transport sector are to be established preferably by collective agreements. It states, however, that most collective agreements concluded pursuant to this section refer to the general provisions of the LOT concerning hours of work. With reference to its previous comments, the Committee notes that section 205 stipulates that in work which does not constitute a continuous process, there must be a break after a maximum of five hours. It again asks the Government to indicate the measures adopted or envisaged to ensure that, in road transport, there is a compulsory break after every driving period of four hours at the most. With regard to the exceptions allowed by paragraphs 2 and 3 of this Article, the Government is asked to provide a copy of the resolutions adopted by the Ministries of Labour, and Communications and Transport, allowing the driving period to be extended to five hours at the most, and the break to be split.

Lastly, the Government appended to its report the collective agreement governing passenger transport in the federal district of the State of Miranda. The Committee would be grateful if the Government would comment on clause No. 10 of the above collective agreement which stipulates that daily breaks are to be determined in accordance with section 205 of the LOT, bearing in mind that the LOT's provisions concerning continuous periods of driving are incompatible with Article 5 of the Convention.

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

The Committee notes the report sent by the Government in reply to its previous direct request.

Article 1, paragraph 2, of the Convention. The Government indicates that sections 327 et seq. of the Organic Labour Act (LOT) determine the hours of work applying to land transport. The above section ensures application of these provisions to drivers who own their vehicles.

Article 2. The Committee notes the regulations to apply the Act on land transport.

Article 5, paragraph 1. The Government indicates that, under section 328 of the LOT, hours of work in the land transport sector are to be established preferably by collective agreements. It states, however, that most collective agreements concluded pursuant to this section refer to the general provisions of the LOT concerning hours of work. With reference to its previous comments, the Committee notes that section 205 stipulates that in work which does not constitute a continuous process, there must be a break after a maximum of five hours. It again asks the Government to indicate the measures adopted or envisaged to ensure that, in road transport, there is a compulsory break after every driving period of four hours at the most. With regard to the exceptions allowed by paragraphs 2 and 3 of this Article, the Government is asked to provide a copy of the resolutions adopted by the Ministries of Labour, and Communications and Transport, allowing the driving period to be extended to five hours at the most, and the break to be split.

Lastly, the Government appended to its report the collective agreement governing passenger transport in the federal district of the State of Miranda. The Committee would be grateful if the Government would comment on clause No. 10 of the above collective agreement which stipulates that daily breaks are to be determined in accordance with section 205 of the LOT, bearing in mind that the LOT's provisions concerning continuous periods of driving are incompatible with Article 5 of the Convention.

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

The Committee notes the Government's second report covering the period 1988 to June 1993. It also notes the enactment of the Organic Labour Act of 20 December 1990.

The Committee recalls that, when noting the Government's first report in 1988, it requested it to provide detailed information on the laws and administrative rules relating to the application of each of the Articles of the Convention, in accordance with point II of the report form. It once again requests the Government to provide the above information, taking into account the new legislation.

Furthermore, the Committee requests the Government to provide detailed information on the following points:

Article 1, paragraph 2, of the Convention. Please specify the measures taken to guarantee that these provisions apply in the case that the drivers are the owners of the motor vehicles.

Article 2. In its report, the Government refers to the regulations issued under the Land Transport Act. The Committee requests the Government to provide the above texts.

Article 3. The Committee notes that the organizations of employers and workers have not replied to the consultations held with regard to the application of the Convention. The Committee requests the Government to keep the ILO informed of any developments in this respect.

Article 5, paragraph 1. In its report, the Government states that the provisions of the Organic Labour Act respecting hours of work are applicable to land transport. It refers, in particular, to section 205 of the above Act, which provides that in work that does not involve a continuous process, a break shall be established and work shall not be carried on for more than five continuous hours. The Committee requests the Government to provide information on the measures that have been adopted to establish a compulsory break in road transport after a period of no more than four hours' continuous driving, in accordance with this provision of the Convention. It also requests the Government to supply information on any regulations issued by joint decision of the Ministries of Labour and of Communications and Transport. With regard to paragraphs 2 and 3, the Committee requests the Government to supply information on the exceptions allowed for the extension up to a maximum of five hours of the period of driving and on how the break may be split.

Article 6. In its report, the Government refers to the existence of a collective agreement in the passenger transport sector. The Committee would be grateful if the Government would communicate an example of the above agreement.

The Committee wishes to draw the Government's attention to the fact that clause 16 of the collective agreement for the passenger transport sector in the Federal District and in Miranda State, to which it refers in its report, could be contrary to Article 5 of the Convention if it applies to periods of continuous driving, in which case the break has to be required after a period of four hours. The Committee would be grateful if the Government would supply its comments on this point.

The Government is asked to report in detail in 1996.

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

The Committee refers to its observation. 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 takes note of the Government's first report and of the brief information referring essentially to the general provisions of the Labour Act and the collective agreement concluded in 1981 in the Federal District and Miranda State.

It also notes that section 276 of the Regulations of the Labour Act of 1973 and section 71 of the Labour Act of 1983 provide for the adoption of resolutions or regulations establishing standards in transport work.

The Committee would be grateful if the Government would indicate the measures adopted or contemplated to give effect to these texts. It hopes that the next report will contain full information in answer to the questions of the report form on each of the Articles of the Convention. The Government is also requested to supply a copy of resolution No. 1 of 23 February 1964 of the Ministry of Communications, which has not been received in the ILO.

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

The Committee notes with regret that for the fifth successive year the Government's reports have not been received.

It furthermore observes that since it examined the Government's first report in 1988, no report has been received.

The Committee hopes that the Government will provide a report for examination at its next session and that it will contain full information on the matters referred to in the direct request of 1988, which it sees itself obliged to repeat.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that for the fourth consecutive year 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 takes note of the Government's first report and of the brief information referring essentially to the general provisions of the Labour Act and the collective agreement concluded in 1981 in the Federal District and Miranda State.

It also notes that section 276 of the Regulations of the Labour Act of 1973 and section 71 of the Labour Act of 1983 provide for the adoption of resolutions or regulations establishing standards in transport work.

The Committee would be grateful if the Government would indicate the measures adopted or contemplated to give effect to these texts. It hopes that the next report will contain full information in answer to the questions of the report form on each of the Articles of the Convention. The Government is also requested to supply a copy of resolution No. 1 of 23 February 1964 of the Ministry of Communications, which has not been received in the ILO.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that for the third consecutive year 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 takes note of the Government's first report and of the brief information referring essentially to the general provisions of the Labour Act and the collective agreement concluded in 1981 in the Federal District and Miranda State.

It also notes that section 276 of the Regulations of the Labour Act of 1973 and section 71 of the Labour Act of 1983 provide for the adoption of resolutions or regulations establishing standards in transport work.

The Committee would be grateful if the Government would indicate the measures adopted or contemplated to give effect to these texts. It hopes that the next report will contain full information in answer to the questions of the report form on each of the Articles of the Convention. The Government is also requested to supply a copy of resolution No. 1 of 23 February 1964 of the Ministry of Communications, which has not been received in the ILO.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret 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 takes note of the Government's first report and of the brief information referring essentially to the general provisions of the Labour Act and the collective agreement concluded in 1981 in the Federal District and Miranda State.

It also notes that section 276 of the Regulations of the Labour Act of 1973 and section 71 of the Labour Act of 1983 provide for the adoption of resolutions or regulations establishing standards in transport work.

The Committee would be grateful if the Government would indicate the measures adopted or contemplated to give effect to these texts. It hopes that the next report will contain full information in answer to the questions of the report form on each of the Articles of the Convention. The Government is also requested to supply a copy of resolution No. 1 of 23 February 1964 of the Ministry of Communications, which has not been received in the ILO.