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

The Committee notes the Government’s report which essentially reproduces information communicated to the Office before. It is therefore obliged to draw once more the Government’s attention to the following points.

Article 5 of the Convention. The Committee notes that section 209 of the Labour Code provides for the possible suspension of the weekly rest in exceptional cases and against monetary compensation. Similarly, under sections 9 and 10 of Decree No. 56 of 8 February 1969 on procedures for the application of weekly rest, derogations may be granted without any compensatory period of rest but against overtime pay in the case of urgent work, rescue or repair work, as well as to industries handling perishable goods or facing exceptional workload. The Committee recalls in this respect that, according to this Article of the Convention, provision should be made, as far as possible, for compensatory periods of rest, for any suspensions or diminutions made to workers’ weekly rest and that the rest period may not be replaced by cash payment. Therefore, the Government is once again requested to indicate all measures taken or contemplated to ensure that compensatory periods of rest are granted in the aforementioned cases or to indicate the agreements or customs which might already provide for such periods.

Moreover, the Committee notes the Government’s indication that workers in the oil industry are entitled to two weeks of rest for each period of four continuous working weeks. Even though the Convention does not provide for specific limits where special weekly rest schemes apply because of the nature of the work, the Committee considers that given the fact that weekly rest is an essential safeguard for workers’ health and welfare, exceptions should be kept strictly limited and workers should not be deprived of their weekly rest entitlement for unreasonably long periods. The Committee wishes to refer to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which offers some guidance in this respect and indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 7.  In its report, the Government indicates that application of this Article of the Convention is only possible when an effective system of labour inspection is in operation. The Committee understands that the Government experiences serious difficulties with the organization of inspection services due to lack of resources, but recalls its obligation to ensure that employers abide by the provision of section 17 of Decree No. 56 of 8 February 1969, which requires the posting of notices in order to keep workers duly informed of the weekly rest arrangements applicable to them. The Committee accordingly requests the Government to take appropriate action to ensure that full effect is given to this requirement of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, any available statistics on the number of workers covered by the relevant legislation, the number and nature of contraventions reported, etc.