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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4, paragraph 1, read in conjunction with Article 6, paragraph 1, of the Convention. The Committee notes the Government’s reference to sections 44‑46 of Act No. 70 of 11 May 2000 on working environment as giving effect to the requirements of the Convention. The Committee notes, however, that the wording of certain exceptions, in particular, those provided for in case the type of work makes it impossible to delay, or special work methods make derogations reasonable, is not sufficiently precise and might lead to abuse. While recalling that when authorizing total or partial exceptions, special regard must be had to all proper humanitarian and economic considerations, the Committee requests the Government to explain how the tripartite Working Environment Authority applies the relevant provisions in practice so as to avoid any risk of abuse. In addition, the Committee notes that under section 45(4) of the Act, the President of the regional Government may approve derogations from the rules on weekly rest. In this connection, the Committee asks the Government to indicate whether any such decisions have ever been taken, and if so, whether workers’ and employers’ organizations were consulted in advance. Moreover, the Committee would appreciate receiving a copy of Act No. 70.

Article 5. The Committee observes that section 43(2) of the Act, which provides for compensatory period of rest in the case of regular work performed on a rest day, apparently does not apply to the exceptions permitted under sections 44-46 of the Act. The Committee recalls, in this respect, that provision should be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions made to workers’ weekly rest.

Article 7. The Committee notes that Act No. 70 does not contain any provision giving effect to the specific requirements set out in this Article of the Convention. The Committee recalls the employer’s obligation to make known the days of the weekly rest by the posting of notices where the rest is granted collectively, or by means of a roster where the workers are subject to a special rest scheme. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that workers are kept duly informed of the weekly rest arrangements applicable to them.

Part V of the report form. The Committee requests the Government to provide any available information on the practical application of the Convention including, for instance, labour inspection reports and statistics on the number and nature of contraventions reported, relevant extracts from annual reports of the Working Environment Authority, etc.