Rests subject to the employer’s disposition in the driving schedule of interprovincial bus drivers

Abstract

In this article, we will address the legal nature of the working hours of Peruvian interprovincial bus drivers, as well as the rest periods that may take place either during a single driving shift or after its completion, while they await the start of a new driving shift. To this end, we will analyze the concept of working time and, conversely, rest time, based on legislation and case law, while also drawing on the conventions issued by the International Labour Organization on the subject. In this regard, we will identify that the working time performed by this category of workers is of a continuous nature, since the so-called “rest periods” they take are, in fact, part of their working time, being intervals or pauses of inactivity necessary for recuperation from their driving duties.