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

The Committee notes with regret that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 2(c) and 4, paragraph 1, of the Convention. The Committee requests the Government to supply the texts of the national legislation or other arrangements on weekly rest as regards maritime, air transport and railway establishments.

Article 6, paragraph 1. The Committee requests the Government to indicate whether under section 88, paragraph 2, of the Labour Code of 1992, the Minister in charge of Labour has issued an order to prescribe the procedure for implementing weekly rest according to paragraph 1 of section 88 of this Code.

Article 6, paragraph 4. The Committee would appreciate receiving information on the manner in which the traditions and customs of religious minorities are respected with regard to weekly rest.

Article 7, paragraph 1. Exemptions permitting work on Sundays for certain categories of establishments due to the nature of the service performed are laid down in sections 3-6 of Order No. 22 of 27 May 1969. Sunday work must be authorized by the Minister of Labour in close cooperation with the Labour Inspection. From the Government’s report it is not clear, whether in these cases measures have been taken by the competent authority or through the appropriate machinery to apply special weekly rest schemes, regard being paid to all proper social and economic considerations. The Government is, therefore, requested to indicate particulars of such measures taken or envisaged.

Article 7, paragraph 2. Please indicate whether all persons to whom special weekly rest schemes apply are entitled to a compensatory rest of at least 24 hours for each period of seven days.

Article 7, paragraph 3. The Committee requests the Government to indicate whether there are branches of establishments subject to special weekly rest schemes, which branches would, if independent, be subject to the provisions of Article 6 of the Convention granting a minimum uninterrupted weekly rest of 24 hours in the course of each period of seven days.

Article 7, paragraph 4. The Committee notes that the employers’ and workers’ organizations represented in the National Labour Council were in favour of the adoption of Order No. 22 of 27 May 1969. The Convention, however, calls for consultations with the representative employers’ and workers’ organizations concerned on any measures regarding the application of the provisions of paragraphs 1, 2 and 3 of this Article, i.e. in all cases in which special weekly rest schemes are introduced. The Committee requests the Government to indicate the methods adopted or envisaged for this kind of consultation.

Article 8, paragraph 2. The Government is requested to indicate measures taken or envisaged for the consultation of the representative employers’ and workers’ organizations on temporary exemptions from the entitlement to weekly rest, as provided by Articles 6 and 7 of the Convention, in the event of abnormal pressure of work or in order to prevent the loss of perishable goods.

Article 8, paragraph 3. Section 88, paragraph 1, of the Labour Code expressly provides for an uninterrupted weekly rest period of at least 24 hours in the course of one week which "may under no circumstances be replaced by a compensatory allowance" (in cash). On the other hand, sections 10 and 12 of Order No. 22/MTLS/DEGRE of 27 May 1969 permit derogations from weekly rest without compensatory rest, in contradiction to the Labour Code and the Convention. The Government has indicated in its report that efforts are undertaken to institute compensatory rest for temporary derogations. Please provide information on whether weekly rest regulations, which are inconsistent with the Code and the Convention, have been repealed.

Furthermore, section 40(2) of the National Collective Agreement on Commerce only stipulates financial remuneration for overtime work performed on a weekly rest day or a bank holiday. The Government may wish, in accordance with section 52(2) and (5) of the Labour Code, to draw the attention of the social partners concerned to the fact that under Article 8(3) of the Convention, compensatory rest for work performed on a day of weekly rest is compulsory, regardless of financial compensation, and to appeal to the negotiating parties to bring the agreement in line with the Convention and section 88(1) of the Labour Code.

Article 9 stipulates that there shall be no reduction of the income of persons covered by the Convention as a result of the application of measures taken in accordance with the Convention, wherever wages are regulated by laws and other regulations or subject to the control of the administrative authorities. The Committee would be grateful if the Government would indicate whether such regulations or wage controls exist.

Article 11(a). The Government is requested to supply lists of categories of persons or types of establishments subject to special weekly rest schemes as provided in Article 7.

Article 11(b). The Government is requested to indicate the circumstances in which temporary exemptions from weekly rest may be granted in accordance with Article 8.