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

Article 5 of the Convention. Compensatory rest. The Committee notes that, under sections 10–12 of Decree No. 73-085 of 30 January 1973 establishing procedures for the application of the weekly rest period in undertakings other than public workplaces and services, exceptions to the weekly Sunday rest period may be granted without compensatory rest, the hours worked on those days being treated as overtime. The Committee draws the Government’s attention to the fact that the establishment of total or partial exceptions to the rules on weekly rest makes it necessary to take humanitarian and not just economic considerations into account, and requires the prior consultation of the employers’ and workers’ organizations concerned. It wishes also to emphasize that the purpose of the Convention is to protect the health and well-being of workers by guaranteeing a minimum rest period. It therefore requests the Government to supply further details of the consultations which have been held concerning the abovementioned exceptions and to specify in what manner humanitarian and not just economic considerations have been taken into account in this context.

Part V of the report form. Practical application. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services indicating the number and nature of infringements reported and the penalties imposed, information on the number of workers covered by the legislation, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.