Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Working Conditions (Hotels and Restaurants) Convention, 1991 (No. 172) - Fiji (Ratification: 2008)

Other comments on C172

Direct Request

2019
2013
2010

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Article 2 of the Convention. Exclusions. In response to the Committee’s 2013 direct request regarding progress made towards broader application of the Convention, the Government indicates that the voices and concerns of the employers and workers in hotels and restaurant industries are heard at the national level through their representatives in the tripartite Employment Relations Advisory Board. The Government refers to factors such as the small population of Fiji, indicating that it is mindful of the application of the Convention and strives to achieve a balanced approach, in light of its limited resources. While noting the Government’s explanations, the Committee nevertheless invites the Government to indicate in subsequent reports any progress made toward broadening the scope of application of the Convention.

Article 4(2) and (3). Reasonable normal hours of work and overtime. Reasonable minimum weekly rest periods. The Committee recalls its 2013 direct request, in which it noted the Government’s explanation that, while the Wages Regulation (Hotel and Catering Trades) Order 2012, does not provide a definition of the term “hours of work”, or establish a maximum amount of authorized overtime hours, the Government was in the process of amending the Employment Regulations Promulgation, 2007 and, following the possible replacement of the ten existing Wages Councils by a Wages Forum, proposals would be put forward to the social partners regarding limits on overtime work. With respect to the issue of reasonable weekly rest, the Committee refers to its 2013 comments, in which it noted that, in view of the physical and mental strain resulting from the rhythm of work in the hotel and catering industry, particularly during peak periods of business, special consideration should be given to the need for regular relaxation for the personnel concerned and therefore weekly rest should not be granted at unreasonably lengthy intervals. In response to the issues raised by the Committee concerning the application of Article 4(2) and (3), the Government indicates that the tripartite Employment Relations Advisory Board is in the process of reviewing the relevant labour laws. The Committee therefore once again requests that the Government take all appropriate steps in a timely manner to ensure that full effect is given to Article 4(2) and (3) of the Convention. In particular, it invites the Committee to consider establishing a definition of “hours of work” in national legislation relating to the hotel and restaurant sector that is aligned with that set forth in Article 4(1) of the Convention and Article 10(1) of the Working Conditions (Hotels and Restaurants) Recommendation, 1991 (No. 179), which envisage the granting of weekly rest. It requests the Government to provide information in its next report on progress made in revising the relevant labour legislation governing working conditions in the hotel and restaurant sector, and to provide copies of any relevant legislation or regulations adopted. The Committee further requests the Government to provide statistical information on compensation for overtime hours worked in establishments covered under the Convention, as well as on the number of additional hours performed on average. The Committee invites the Government to further examine and consider – in consultation with the employers’ and workers’ organizations concerned and while taking into account national conditions and the specificities of the hotel and restaurant sector – the development and implementation of measures to ensure that hotel and restaurant workers to whom special weekly rest schemes apply do not work for unreasonably long periods without receiving the rest periods to which they are entitled.