Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Guinea - Bissau (Ratification: 1977)

Other comments on C106

Direct Request

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Articles 7, 8 and 11 of the Convention. Permanent and temporary exemptions. The Committee has been noting for several years that section 66 of the General Labour Act No. 2/86 does not specify the categories of persons and types of establishments permanently exempted from the normal weekly rest scheme, and also that no reference is made to consultations with employers’ and workers’ organizations with regard to temporary exemptions under section 68 of the General Labour Act. Accordingly, the Committee has been requesting the Government to provide in accordance with Article 11 of the Convention full particulars on the permanent (Article 7) and temporary (Article 8) exemptions and also to explain the method for conducting consultations with the social partners on these matters. In addition, the Committee has been noting that a draft new Labour Code is in preparation and that it is essentially reproducing the provisions of the General Labour Act with respect to weekly rest. In its last report, the Government merely indicates that the consultation of social partners is ensured through the Standing Council for Social Dialogue (CPCS), a tripartite body set up to make recommendations on issues related to socio-economic development. The Committee understands that the terms of reference of this Council are set out in Decree No. 01/2001 of 22 March 2001. The Committee would appreciate receiving a copy of this Decree. The Committee also requests the Government to indicate whether the CPCS has examined and advised on the provisions of the new draft Labour Code relating to special weekly rest schemes and temporary exemptions from the normal weekly rest scheme. The Committee further requests the Government to specify the legal or regulatory provisions determining the categories of persons and types of establishments which are subject to special weekly rest schemes. As regards the new draft Labour Code, which is scheduled to be examined by the Parliament shortly, the Committee hopes that the Government will take into account the points that the Committee has been raising concerning the application of Articles 7 and 8 of the Convention and requests it to keep the Office informed of any further developments in this regard.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including information concerning the number of workers covered by the legislation and inspection results showing the number of infringements relating to weekly rest and the action taken.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working-Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part-time and night work, remain relevant in the 21st century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.