Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government concerning the compensatory rest period granted in the case of any suspensions or diminutions of the weekly rest period under Article 4 of the Convention, and the requirement for the employer to post notices indicating the hours of work and rest periods. It further notes the legislative amendments made by the Provinces, including those in Nova Scotia, Manitoba, Ontario and Quebec.

Article 2. Duration of the weekly rest period. The Committee notes the entry into force on 1 May 2003 in the Province of Quebec of the amendment to section 78 of the Act respecting labour standards, raising the weekly rest period to 32 hours. In particular, it notes the Government’s indication that, at the federal level, a comprehensive review was undertaken in 2004 of Part III of the Labour Code by the Federal Labour Standards Review Commission with a view to modernizing federal labour standards. It notes that the Review Commission issued its conclusions in October 2006 and recommended raising the duration of the weekly rest period from 24 to 32 hours. Noting that the Government has not yet taken any decision on this recommendation, as it has to consult the parties concerned and evaluate more fully the impact of the proposed amendment, the Committee requests the Government to keep the Office informed of any developments in this respect and to provide a copy of any relevant new legislative text.

Articles 4 and 5. Total or partial exceptions – Compensatory rest period. The Committee notes the indication by the Government of Nova Scotia that in January 2008 it approved a regulation exempting the offshore petroleum industry from the normal weekly rest period, namely 24 hours in every period of seven days. It also notes that this sector is currently regulated by a federal/provincial board which determines schedules and compensatory time off and that this system was introduced to bring an end to the previous procedure under which employers wishing to vary the normal weekly rest scheme had to apply to the Director of Labour Standards for permission and provide evidence that compensatory rest periods were provided and that the majority of employees were in agreement. The Committee requests the Government to provide further information on the weekly rest scheme that is currently applied to workers in the petroleum industry (duration and regularity of the weekly rest period, conditions for granting a compensatory rest period, etc.).

The Committee also notes that section 4 of Ontario Regulation No. 159/05 respecting the mining industry provides that employees, or a union, can agree to work a maximum of 28 consecutive days, following which the employer is required to give the employee’s days off work equal to the number of consecutive days worked divided by three. The Committee recalls that Article 2 of the Convention requires a period of rest comprising at least 24 hours in every period of seven days (principle of regularity and continuity of the weekly rest period) and that, in the case of total or partial exceptions, compensatory periods of rest shall be granted as far as possible. The Committee further notes that, although the Convention does not establish a precise time limit within which the compensatory rest period has to be granted, compliance with the spirit of the Convention requires this to be done within a reasonably short period, as otherwise the health and well-being of workers, deprived of a minimum period of rest and relaxation every week over a long period, would be jeopardized. The Committee therefore requests the Government to provide additional explanations on this subject.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the labour inspection services indicating the number of contraventions reported in relation to the weekly rest period, the number of workers covered by the legislation, copies of relevant collective agreements, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.