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

The Committee notes the Government’s report and wishes to draw its attention to the following points.

Articles 4, 5 and 6 of the Convention. The Committee notes that, according to the Government’s report, section 45(a) of the new consolidated Working Environment Act, which will enter into force on 1 January 2006, provides that a deviation from the rules concerning rest time must be compensated by proportional rest periods or days off. A deviation may never imply more than 12 days and nights between two rest days, while special rules apply to employees under 18 years of age. The Government adds that a revised executive order on rest periods and days off in Greenland is scheduled to take effect on 1 January 2006. As regards the requirement for consultations with responsible associations of employers and workers prior to the authorization of any total or partial exceptions from the general standard on weekly rest, the Committee notes the Government’s statement that there is a long tradition of involving the social partners in the preparation of the working environment legislation and that the Greenlandic Working Environment Council, which comprises representatives of employers, managers and employees, has a central role as an advisory body. While recalling that any exceptions to the general standard must comply with the conditions set out in the Convention (i.e. due regard for all proper humanitarian and economic considerations and prior consultations with the employers and workers concerned) and that recourse to such exceptions must be limited to what is strictly necessary, the Committee requests the Government to communicate in future reports full particulars on any exceptions which might be granted by the National Working Environment Authority. The Committee would appreciate receiving a copy of the new consolidated Working Environment Act and of the revised executive order on rest periods and days off. 

Article 7. Further to its previous comments on this point, the Committee requests the Government to indicate how it is ensured in practice that workers are informed of the weekly rest arrangements applicable to them (for instance, by means of notices posted at the workplace or rosters), especially when they are subject to special systems of rest and the rest period is not granted simultaneously to the whole of the staff of an enterprise.

Parts III and V of the report form. The Committee would be grateful if the Government would provide general information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, statistics on inspection activities, copies of official documents such as annual reports of the National Working Environment Authority, etc.