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

The Committee notes that the principles of the Convention currently seem to be applied customarily and through collective agreements. It requests the Government to forward copies of the relevant collective agreements. Furthermore, the Committee notes that a draft Labour Code has been formulated with the assistance of the ILO. It hopes that this draft document will be adopted in the near future, in order to ensure the implementation of the provisions of the Convention through appropriate legislation. It requests the Government to keep the Office informed of any progress made concerning the adoption of the text.

Article 5 of the Convention. Compensatory periods of rest. The Committee notes that, according to the Government’s report, when employees work on their day of weekly rest, they must be granted a compensatory day of rest or paid at the applicable overtime rate, by virtue of the collective agreements and custom. However, the Committee draws the Government’s attention to the fact that Article 5 of the Convention states that provision must be made, as far as possible, for compensatory periods of rest to be granted in cases of exemption from the normal weekly rest scheme. The granting of compensation in cash, in the form of increased remuneration for hours worked on a day of weekly rest, does not correspond to the aim of the Convention, which is to ensure that workers enjoy a minimum rest to enable them to remain healthy and to have access to leisure activities. A simple alternative between a compensatory day of weekly rest and increased wages, as mentioned in the Government’s report, would not seem to ensure compliance with this provision. The Committee hopes that the Government will soon be in a position to ensure that the Convention is applied fully with regard to this point. In particular, it hopes that the Labour Code will contain provisions along these lines.

Article 7. Notices and rosters. The Committee requests the Government to forward model notices and weekly rest rosters, as prescribed in this provision of the Convention.

Part V of the report form. The Committee requests the Government to supply general indications on the manner in which the Convention is applied in practice, providing, for example, labour inspectorate reports and, if possible, statistical data on the number of workers protected by the legislation, as well as the number and nature of violations recorded.