Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 2, paragraph 1, and Article 4, paragraph 1, of the Convention. Basic standard and exceptions to weekly rest. The Committee notes the Government’s reply to its previous comment that accumulating periods of rest is merely a flexible working time arrangement and does not result in any reduction of rest granted annually. It also notes the Government’s statement that section 124(7) of the Labour Code upholds the requirement that determining periods of rest in deviation from Article 2 of the Convention be conditional upon collective agreement and therefore always subject to prior consultations, as required by Article 4 of the Convention. The Committee further notes that section 124(5)(c) of the Labour Code, as amended by Act CLIV of 2005, permits the period of rest to be granted in an accumulated manner over a reference period which has been increased from one to two months, subject to the agreement of the parties.

In this regard, the Committee is obliged to recall that Articles 2 and 4 of the Convention are sufficiently clear in setting out a basic standard and authorizing limited exceptions to weekly rest. The Committee wishes to emphasize that the Convention is articulated around three principles: regularity (rest to be taken at seven-day intervals), continuity (rest of at least 24 consecutive hours) and uniformity (weekly break to be taken simultaneously by all workers). These are minimum standards, which governments are bound to apply and enforce, either through national laws and regulations, or by ensuring that collective agreements contain at least as favourable provisions. The Convention permits, of course, total or partial exceptions from the general weekly rest standard set out in Article 2 (including suspensions or diminutions), especially when the inherent need to keep certain establishments in operation on the day of rest (e.g. continuous processes, transport, hospitals, hotels, newspapers, etc.) or exceptional conditions (e.g. accidents, force majeure or urgent work to premises or equipment) so require. It seeks to guarantee, however, that total or partial exceptions to the normal weekly rest are authorized on as limited grounds as possible, and in any case only after due consideration having been given to all social and economic implications and needs. The Committee therefore considers that authorizing the postponement and accumulation of rest days over a period of two months subject to an individual labour agreement goes beyond what is permitted by the Convention and therefore the Government should re-examine all relevant provisions of the Labour Code with a view to bringing them into line with the letter and the spirit of the Convention which seeks to ensure that workers enjoy a minimum period of rest and leisure at regular weekly or, in any event, reasonably short intervals.

Part V of the report form. Application in practice. The Committee notes the statistical data and judicial decisions provided by the Government, in particular the information on inspection visits, prominent types of infringements and sanctions with regard to weekly rest. It would appreciate if the Government would continue providing up to date information on the practical application of the Convention, including copies of collective agreements containing clauses on weekly rest, annual activity reports of the labour inspectorate, etc.

Finally, the Committee wishes to draw the Government’s attention once again to the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), and recalls that the ILO Governing Body has decided to include that instrument among the up to date instruments the ratification of which should be promoted (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The ratification of Convention No. 106 would appear all the more advisable as the weekly rest legislation of Hungary is of general scope, applying to industry and commerce alike. The Committee therefore strongly encourages the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.