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

Article 7, paragraph 1, of the Convention. Permanent exemptions. The Committee notes that the Labour Law of 2001 provides for permanent exceptions to the normal 42-hour weekly rest scheme in the following cases: (i) aggregated working time if compliance with regular daily or weekly working time for the relevant category of employees is not possible due to the nature of the work (sections 140(1) and 143(1)); (ii) where the length of working time is not measured or determined in advance or is determined by the employees themselves (section 148(1)); and (iii) enterprises engaged in road, air or sea transportation of passengers and freight, except for city public transport (section 148(2)). In this connection, the Committee recalls that the Convention authorizes the introduction of special weekly rest schemes for specified categories of persons or specified types of establishments only on the following conditions: (i) due regard is paid to all proper social and economic considerations; (ii) all persons concerned are given, in respect of each period of seven days, a period of rest of a total duration at least equivalent to 24 hours; and (iii) measures are taken in consultation with representative employers’ and workers’ organizations concerned. The Committee therefore asks the Government to provide additional clarification in this regard, and more concretely, indicate the manner in which social, and not only economic, considerations were taken into account and consultations with the social partners were held prior to introducing the exceptions listed above, and also specify the legal provision guaranteeing to the workers to whom special weekly rest schemes apply a compensatory rest of at least 24 hours with respect to each period of seven days.

Article 8, paragraph 3. Temporary exemptions – compensatory rest. The Committee notes with interest that, following the amendments of April 2004 and September 2006, the Labour Law of 2001 no longer provides for the possibility of choosing between compensatory rest and monetary compensation for work performed on a weekly rest day. It notes, however, that section 143(4) of the Labour Law, as amended, requires that workers performing work on a weekly rest day by reason of urgent public need, force majeure, unexpected event or other exceptional circumstances, should receive “rest at another time” without specifying, however, neither the length nor the time frame within which such compensatory rest must be granted. In this connection, the Committee recalls that this Article of the Convention calls for a compensatory rest of a total duration at least equivalent to 24 hours. It also draws the Government’s attention to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee therefore requests the Government to further explain how it is given effect to the requirements of the Convention as regards the length of compensatory rest and the timing of granting it.

Article 9. Reduction of income. The Committee notes that the Labour Law appears to be silent on the prohibition of the reduction of income. While noting the Government’s statement in an earlier report that the worker’s weekly rest entitlement does not influence his/her remuneration, the Committee requests the Government to specify the legal provision ensuring that there is no reduction of the income of persons covered by the Convention as a result of the application of measures taken in accordance with the Convention.

Part V of the report form. The Committee would be grateful if the Government would continue providing up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of offences observed and penalties imposed in connection with weekly rest, copies of collective agreements containing provisions on weekly rest schemes, etc.