Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. With reference to its previous observation, the Committee notes with interest the adoption of Ministerial Order No. 104/94 fixing maximum permissible overtime in the private sector at six hours a week and 180 hours a year, in accordance with Article 7, paragraph 3, of the Convention. The Committee notes however that this new regulation applies only to workers in private sector enterprises. It recalls that Article 1 of the Convention provides that the Convention applies to workers in both private and public establishments, and trusts that similar provisions will shortly be adopted for public sector establishments.

2. The Committee draws the Government's attention to the ambiguous wording of section 1(3) of Order No. 015/94 concerning the prohibition of forced labour in private sector enterprises. The text refers to the Law on labour in the private sector (No. 38/64) on which the Committee commented earlier pointing out that it contained no provisions on maximum permissible monthly or yearly overtime, which could give rise to infringements. Since Order No. 104/94 takes account of these comments, the Committee hopes that the Government will shortly take the necessary steps to remove this ambiguity by referring either to Order No. 104/94 as supplementing the provisions of Law No. 38/64, or to the relevant sections of the forthcoming law on labour in the private sector.

3. The Committee notes the draft revision of Law No. 38/64 as amended by the Committee on Labour Standards and Conventions. It would be grateful if the Government would keep the ILO informed of developments regarding the draft revision and hopes that it will be adopted in the near future. In this connection, the Committee asks the Government to state whether the scope of the new Law will be extended to temporary workers and workers in small enterprises, as was mentioned in the Government's last reply to the Committee's comments.