Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret that the Government’s report is confined to reproducing information that was supplied previously and does not reply to its previous comments. The Committee trusts that the next report will contain full particulars on the matters raised in its previous direct requests, which read as follows:

Article 5 of the Convention. According to the report, periods of compensatory rest are provided for in agreement between the employer and the representative trade unions in enterprises where exceptions to the weekly rest have been made under sections L.143 and L.144 of the Labour Code and sections A.144.1 and A.144.2 of Order No. 96-1566/MEFPT-SG. The Government is requested to provide more detailed information on agreements and local customs which already provide for such periods of rest and to indicate the other measures which are envisaged or have been adopted to ensure, as far as possible, provision for compensatory periods of rest for the workers concerned. The Committee requests the Government to provide copies of such agreements.

Article 7. The Committee notes that there are no legislative provisions giving effect to this Article of the Convention: section L.141 of the Labour Code does not address this subject. It also notes the Government’s statement that agreements respecting the arrangement and distribution of working hours must be brought to the knowledge of the workers concerned through the posting of notices and that, in establishments covered by section A.144.2 of Order No. 96-1566/MEFPT-SG, this includes information on collective rest periods and special systems of rest periods. The Government is requested to provide copies of such agreements and examples of notices and rosters established in accordance with Article 7 of the Convention.

Part III of the report form. The Committee requests the Government to provide copies with its next report of reports drawn up under sections 295 and 296 of the Labour Code by the regional inspection services on infringements of the principle of weekly rest which have been forwarded to the judicial authorities.

[The Government is asked to reply in detail to the present comments in 2005.]