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

Article 8, paragraph 1, of the Convention. Temporary exemptions. The Committee notes that, under section 153(4) of the Labour Code, read in conjunction with section 144, overtime work carried out on weekly rest days is permitted, inter alia, in case of hard seasonal work or for the performance of work linked to national defence. Given that the scope of these cases seems to go beyond the types of specific circumstances mentioned in Article 8, paragraph 1, of the Convention, the Committee would be grateful if the Government would provide detailed information on the extent to which use has been made of the possibility provided for under section 144 of the Labour Code.

Article 8, paragraph 3. Compensatory rest. The Committee understands that, in accordance with section 153(4) of the Labour Code, only workers who perform overtime on weekly rest days and whose working time is calculated in days are entitled to compensatory rest of at least 24 hours the following week. It requests the Government to clarify whether that is indeed the case and, if so, to indicate what measures have been taken or are envisaged to ensure that all workers whose weekly rest has been temporarily suspended or reduced are entitled to compensatory rest of a total duration of at least 24 hours, regardless of the manner in which their working time is calculated (weekly, monthly, etc.).

Furthermore, given that the Ordinance on working time, rest periods and leave, referred to by the Government in its report, is not available to the Office, the Committee would be grateful if the Government would provide a copy of that text.