Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Articles 6 and 7 of the Convention. The Committee has noted the Government's indication in its latest report and in its report for 1988 that section 87(b) of the draft Labour Code (which was to provide that the worker may, with the approval of the employer, accumulate the weekly rest days and take them once a month) has been deleted from the draft Code. The Committee would be glad if the Government would transmit a copy of the text to the Office as soon as it has been adopted. Furthermore, section 87(a) of the draft Code provides that the employer may, where the nature of the work requires it and with the written approval of the Minister, designate a day of the week other than Friday as the day of rest. The Government is requested to indicate the manner in which consultation with the representative employers' and workers' organizations concerned with respect to any such special weekly rest schemes is to be ensured, in conformity with Article 7, paragraph 4 of the Convention.

2. The Committee notes the information provided in the Government's report in reply to its previous comments concerning the application of Article 8, paragraph 1, and understands in this regard that section 43(6)(b) of the Labour Code in force (which provides for salary compensation of 125 per cent of the regular salary when working on a weekly rest day) refers to workers who agree to work on the weekly rest day by virtue of a derogation made under section 42 or who may be subject to exclusion under section 43. The Committee notes that workers who are excluded under section 43(2) are granted a compensatory rest day by virtue of section 43(3), whereas there is no similar guarantee for persons working on the weekly rest day in the event of accident or natural catastrophe, where urgent work must be done, or in cases of force majeure (section 42), who are only assured financial compensation.

In its previous comments, the Committee called the Government's attention to Article 8, paragraph 3, which provides that, where temporary exemptions are made for the reasons enumerated in paragraph 1, the persons concerned must be granted compensatory rest. The Committee requested the Government to take the necessary measures to amend section 42 of the Labour Code so as to ensure the granting of compensatory rest. In its latest report, the Government has indicated that this question has been dealt with in accordance with the Committee's request. The Government is requested to supply the Office with a copy of any text adopted which amends the above-mentioned section in this regard.