Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Scope of application. The Committee notes that, under the terms of section 188, the Labour Code is not applicable to any persons subject to the Civil Service Act or to other special laws and regulations. It further notes that, under section 190 of the Labour Code, the duration of work and holidays of certain categories of workers, including employees in transport services and those whose work is generally carried out periodically are to be determined by regulations to be drawn up by the Supreme Labour Council and approved by the Council of Ministers and that, in the absence of such regulations, the provisions of the Labour Code apply. The Committee requests the Government to provide a copy of the Civil Service Act and, where appropriate, other texts establishing special regimes for specific categories of workers under sections 188 or 190 of the Labour Code.

Articles 4 and 6. Exceptions to the rules respecting weekly rest. The Committee notes that, in accordance with section 62 of the Labour Code, Friday is the day of weekly rest. It also observes that under note 1 of this section another day may be determined as the day of weekly rest in public services (such as water, electricity and transport), and in certain workplaces because of the nature and requirements of the work or by mutual consent. It further notes that, in all cases, a definite day of weekly rest is compulsory and that the workers concerned must receive a 40 per cent wage supplement for not taking Friday as their day of weekly rest. It is the Committee’s understanding that this wage supplement constitutes a compensatory indemnity which is paid in addition, and not instead of the granting of the day of weekly rest on a day other than Friday. It requests the Government to confirm that this is indeed the case. The Committee also requests the Government to provide further specifications, preferably in the form of a list, as required by Article 6 of the Convention, concerning the categories of enterprises which may determine a weekly rest day other than Friday because of the nature and requirements of the work.

The Committee further notes section 191 of the Labour Code, under the terms of which small-scale enterprises with fewer than ten workers may, as circumstances require, be temporarily excluded from some of the provisions of the Code. It notes that these exceptional cases have to be determined in conformity with regulations to be proposed by the Supreme Labour Council and approved by the Council of Ministers. The Committee draws the Government’s attention to the fact that, in accordance with Article 4 of the Convention, in the case of total or partial exceptions to the rules respecting weekly rest, special regard must be had to all proper humanitarian and economic considerations and such exceptions may only be authorized after consultation with the employers’ and workers’ organizations concerned. It requests the Government to provide a copy of any regulations which may have been adopted under section 191 of the Labour Code and to provide any appropriate information on cases in which such temporary exceptions have been authorized for small-scale enterprises.

Part V of the report form. The Committee notes that 364,965 inspections were carried out in 2006, during which no infringements were observed of the rules set out in the Labour Code respecting rest periods. It further notes that the authorities entrusted with the settlement of labour disputes have not received any complaint on this subject. The Committee also notes the Government’s indication that, due to the broad recognition at the national level of Friday as the weekly rest day, this matter is not included in the form used by labour inspectors. However, the Committee considers that the inclusion of a question on this subject in the form used during inspections would be useful in cases in which the weekly day of rest is granted on a day other than Friday under the terms of section 62, note 1, of the Labour Code. Such a measure would make it possible to determine with greater precision the frequency with which this exception is applied. It requests the Government to indicate whether it envisages amending the form used by labour inspectors with a view to including a point on weekly rest. It recalls in this respect that the Government recently undertook to review this form so as to identify more effectively cases of non-payment of wages and thereby improve the enforcement of the Protection of Wages Convention, 1949 (No. 95). The Government is also asked to continue providing indications on the application of the Convention in practice, including the activities of the labour inspectorate and any cases of recourse to the authorities entrusted with the settlement of disputes.