Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Repetition

Articles 2 and 5 of the Convention. Uniformity of weekly rest day – Compensatory rest. The Committee notes that the Labour Act of 2006 was enacted in August 2012. It notes in particular, section 28(1) of the Labour Act which does not specify a generally applicable weekly rest day, as may be established by custom or tradition, but leaves it to the employer and the employee to fix that day between themselves. The Committee also notes the Government’s explanations that uniformity of the weekly rest period is generally practised in the major economic sectors, such as manufacturing, wholesale, agriculture, utility, financing and insurance services, and much less in other sectors such as hospitality and retail. The Government refers, in this respect, to four collective agreements concluded in the areas of manufacturing, services and financing, which establish Sunday, and in some cases also Saturday, as non-working days. Recalling that weekly rest is a social necessity and that, if taken simultaneously, enables workers to enjoy their leisure hours together, the Committee requests the Government to consider suitable steps in order to ensure that weekly rest is given, whenever possible, simultaneously to all the workers of each industrial undertaking, and that it coincides, whenever possible, with the customary weekly rest day. The Committee would also appreciate receiving sample copies of collective agreements in the industrial sector containing clauses on weekly rest.

In addition, the Committee notes that section 28 of the Labour Act does not make any provision for compensatory rest to be granted to workers when required to perform work on their weekly rest day. The Committee also notes that the four collective agreements which were annexed to the Government’s report provide exclusively for extra pay (normally at double the ordinary wage rate) in case work is performed on an employee’s day off. In its latest report, the Government indicates, however, that it is engaged in ongoing consultations with various stakeholders with a view to achieving consensus on how to adopt the practice of compensatory rest. The Committee accordingly requests the Government to keep the Office informed of any progress made in this respect.