Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Sections 31 and 5 of the Labour Code refer to "commercial corporations" and "corporations of the liberal professions". Furthermore, the salaried employees and wage earners on probation or on daily basis belonging to government and municipal services to whom the public service regulations do not apply are excluded from the scope of the Labour Code. The Committee requests the Government to indicate if there are any legal provisions that give effect to the Convention for the classes of workers covered by Article 1 of the Convention to whom the provisions of the Labour Code concerning hours of work do not apply.

Article 3. Section 31 of the Labour Code merely establishes a weekly limit to hours of work without establishing a daily limit, as provided by Article 3 of the Convention. The Committee requests the Government to state whether there are any other legal provisions of general character which prescribe such a limit.

Article 7. Sections 32 and 33 of the Labour Code authorise exceptions to hours of work which go further than the exceptions provided for by the Convention. Moreover, section 32 which deals with permanent exceptions does not specify the number of additional hours of work that may be allowed in the day nor does section 33 which deals with temporary exceptions determine the number of additional hours that may be allowed in the year, as provided by paragraph 3 of Article 7. The Committee requests the Government to state whether there are any other legal provisions laying down precisely cases in which these exceptions are applicable and the number of additional hours of work allowed in such cases.

Article 8. The Government is requested to state whether the provisions referred to in Articles 6 and 7 of the Convention are made after consultation with the workers' and employers' organisations concerned as required by this Article of the Convention.

Article 11. The Government is also requested to indicate the legal provisions giving effect to the following provisions of Article 11 of the Convention:

- paragraph 2(b) (rest periods to be notified to the staff);

- paragraph 2(c) (recording of additional hours of work performed and of the payments made in respect thereof);

- paragraph 3 (illegality of employing any person outside the times fixed).

The Committee requests the Government to provide as copy of the above-mentioned legal provisions, in case they exist, and, if not, to consider the possibility, as soon as circumstances permit, of issuing necessary legal texts to give full effect to the Convention.