Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes that, under section 3, paragraph 2, of Act No. 5 of 1995 issuing the Labour Code, certain categories of workers are excluded from the provisions of the Code, including casual workers (casual work is defined, in section 2 of the Code, as any job which is not part of the activity of an employer and whose completion does not require more than four months). However, an order issued by the Council of Ministers under section 4 of the Labour Code may extend the application of certain provisions of the Code to cover this category of workers. The Committee also notes that the provisions of the Labour Code do not cover foreigners seconded to work with the State of Yemen or those who work in its territory under an international Convention. The Committee requests that the Government provide information on the provisions applicable to casual workers and, in particular, indicate whether an order has extended the application of the Labour Code to cover workers in this category. The Government is also invited to provide details regarding the categories of foreign workers excluded from the scope of the Labour Code and, in particular, to indicate whether industrial workers may be affected by this exclusion.

Article 3. Employees who are members of one single family. The Committee notes that, under section 3 of the Labour Code, the provisions of the Code shall not apply to persons related to the employer who are effectively his dependants, regardless of their degree of kinship. The Committee requests that the Government specify whether this exclusion is restricted to establishments in which the only employees are members of one single family.

Article 4. Exceptions to weekly rest. The Committee notes that, under section 74, paragraph 1, of the Labour Code, workers may be employed on weekly rest days if necessary to increase production; to provide public services; in the event of a disaster or to prevent a disaster; to maintain industrial or work-related equipment; or in the public interest. The Committee requests that the Government indicate whether consultations were held with employers’ and workers’ organizations prior to the adoption of this provision, as required under the Convention. The Government is also invited to indicate how it ensures that proper economic and humanitarian considerations are taken into account for the application of this provision.

Part V of the report form. The Committee requests that the Government give a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if possible, statistics concerning the number of workers covered by the legislation and information on the number and nature of the contraventions reported.