Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Articles 4 and 6 of the Convention. The Committee notes that the Government’s report, for the purposes of designating activities subject to special systems of weekly rest, refers to the general terms "by reason of the nature of the enterprise’s activities" used in sections 2 and 3 of Order No. 35/MFPTRA/DC/SGM/DT/SRT of 24 June 1998 determining the provisions for the application of weekly rest. It wishes to point out that such general wording can cover a considerable number of categories of establishments. Only if the legislation enumerates strictly the establishments subject to special systems could a reference to such enumeration be considered satisfactory for the purposes of Article 6 of the Convention. In cases where, however, as is the case under sections 2 and 3 of the above Order, broad powers are conferred upon the competent authorities to submit categories of establishments determined in general terms to special systems, information has to be communicated, in accordance with Article 6, paragraph 1, of the Convention, on the use made of this facility. The Government is therefore requested to provide with its next report a list of the exceptions made and to provide full particulars in accordance with the report form adopted by the Governing Body.

Article 7. The Committee notes that section 141 of Act No. 98-004 of 27 January 1998 issuing the Labour Code only provides for the posting of notices specifying hours of work, but not weekly rest. However, the mere posting of hours of work does not appear to be sufficient to determine the granting of weekly rest, particularly in the case of establishments which, by virtue of special systems, remain open on the day normally devoted to weekly rest. Under special systems, it is also necessary to organize systematically the procedures for granting weekly rest so as to permit effective inspection. The Committee requests the Government to indicate, in accordance with Article 7 of the Convention, the manner in which national law and practice ensure that each employer is subject to the obligations relating to the posting of days and hours of rest for all employees, and rosters of special systems of rest.