National Legislation on Labour and Social Rights
Global database on occupational safety and health legislation
Employment protection legislation database
Display in: French - Spanish
Repetition Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee recalls its previous comment in which it noted that as it currently reads, section 13(1)(f) of the Labour Act (Cap. 73) permits broad exceptions to the principle that no worker may be required to work more than six days in one week, including persons employed in essential services (water, electricity, fire, health, hospital, sanitary, port services, telecommunications, air traffic, air transportation, immigration, meteorology, customs, broadcasting, post office) and also persons employed in occupations in which work on customary rest days is expressly provided for in the contract of employment. The Government had indicated in earlier reports that these exceptions do not affect the workers’ entitlement to a period of rest of 24 consecutive hours in any seven-day period and also that workers required to perform work on a weekly rest day receive extra pay but not compensatory periods of rest. The Committee accordingly requests the Government to provide clarifications as to the special weekly rest schemes that may be applicable to persons employed in essential services and to transmit a copy of any relevant administrative rules. In addition, noting that the Labour Act is currently under review, the Committee requests the Government to consider appropriate steps to ensure that when work is done on Sundays or other customary rest days, workers will be granted, as far as possible, compensatory rest irrespective of the monetary compensation provided for in section 14(2)(b) of the Labour Act.
The Committee notes with regret 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:
Articles 4(1) and 6(1) of the Convention. Total or partial exceptions. The Committee notes that, under section 11(f) of the Labour Act (Cap. 75), a worker may be required to work on customary rest days in occupations where this is expressly provided for in the contract of service. In this connection, the Committee is obliged to recall that any exceptions to the general standard must be in compliance with the conditions set out in the Convention (i.e. account taken of all proper humanitarian and economic considerations and prior consultations with responsible associations of employers and workers) and therefore recourse to such exceptions must be limited to what is strictly necessary. The Committee accordingly requests the Government to provide specific information on the conditions under which and the limits within which exceptions to the weekly rest may be authorized with a view to protecting workers from any risk of abuse. Moreover, the Committee notes that the text of the Essential Services Act (Cap. 12), which was referred to as being annexed to the Government’s report, has not been received by the Office, and therefore the Committee would appreciate receiving a copy of this instrument.
Article 5. Compensatory rest. The Committee notes that in a previous report, the Government indicated that workers whose conditions of service are regulated by the Essential Services Act receive extra pay, but no compensatory periods of rest, for work performed on a day of rest. In this connection, the Committee wishes to recall that according to the letter and the spirit of the Convention, the rest period cannot be replaced by the payment of compensation but must be granted, as far as possible, regardless of any such cash compensation. The Committee accordingly requests the Government to take appropriate steps to ensure that workers are granted, as far as possible, compensatory rest periods for any suspensions or diminutions made to their weekly rest. The Committee understands that the notion of essential services may be redefined in the framework of the labour law reform, which is currently undertaken in association with employers’ and workers’ organizations, and hopes that the Government will not fail to take into account the above comments in preparing any new legislative texts.
Parts III and V of the report form. Application in practice. The Committee requests the Government to supply general information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, extracts from inspection reports showing the number of contraventions reported and sanctions imposed, 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 continue to respond to current needs (see GB.283/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 decision taken or envisaged in this respect.
Article 4, paragraph 1, and Article 6, paragraph 1, of the Convention. Total or partial exceptions. The Committee notes that, under section 11(f) of the Labour Act (Cap. 75), a worker may be required to work on customary rest days in occupations where this is expressly provided for in the contract of service. In this connection, the Committee is obliged to recall that any exceptions to the general standard must be in compliance with the conditions set out in the Convention (i.e. account taken of all proper humanitarian and economic considerations and prior consultations with responsible associations of employers and workers) and therefore recourse to such exceptions must be limited to what is strictly necessary. The Committee accordingly requests the Government to provide specific information on the conditions under which and the limits within which exceptions to the weekly rest may be authorized with a view to protecting workers from any risk of abuse. Moreover, the Committee notes that the text of the Essential Services Act (Cap. 12), which was referred to as being annexed to the Government’s report, has not been received by the Office, and therefore the Committee would appreciate receiving a copy of this instrument.
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, and Article 6, paragraph 1, of the Convention. The Committee notes that, under section 11(f) of the Labour Act (Cap. 75), a worker may be required to work on customary rest days in occupations where this is expressly provided for in the contract of service. In this connection, the Committee is obliged to recall that any exceptions to the general standard must be in compliance with the conditions set out in the Convention (i.e. account taken of all proper humanitarian and economic considerations and prior consultations with responsible associations of employers and workers) and therefore recourse to such exceptions must be limited to what is strictly necessary. The Committee accordingly requests the Government to provide specific information on the conditions under which and the limits within which exceptions to the weekly rest may be authorized with a view to protect workers from any risk of abuse. Moreover, the Committee notes that the text of the Essential Services Act (Cap. 12), which was referred to as being annexed to the Government’s report, has not been received by the Office, and therefore the Committee would appreciate receiving a copy of this instrument.
Article 5. The Committee notes that in a previous report, the Government indicated that workers whose conditions of service are regulated by the Essential Services Act receive extra pay, but no compensatory periods of rest, for work performed on a day of rest. In this connection, the Committee wishes to recall that according to the letter and the spirit of the Convention, the rest period cannot be replaced by the payment of compensation but must be granted, as far as possible, regardless of any such cash compensation. The Committee accordingly requests the Government to take appropriate steps to ensure that workers are granted, as far as possible, compensatory rest periods for any suspensions or diminutions made to their weekly rest. The Committee understands that the notion of essential services may be redefined in the framework of the labour law reform, which is currently undertaken in association with employers’ and workers’ organizations, and hopes that the Government will not fail to take into account the above comments in preparing any new legislative texts.
Parts III and V of the report form. The Committee requests the Government to supply general information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, extracts from inspection reports showing the number of contraventions reported and sanctions imposed, 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.
The Committee notes the Government’s report and wishes to draw its attention to the following points.
Article 4, paragraph 1, and Article 6, paragraph 1, of the Convention. The Committee notes that under section 11(f) of the Labour Act (Cap. 75), a worker may be required to work on customary rest days in occupations where this is expressly provided for in the contract of service. In this connection, the Committee is obliged to recall that any exceptions to the general standard must be in compliance with the conditions set out in the Convention (i.e. account taken of all proper humanitarian and economic considerations and prior consultations with responsible associations of employers and workers) and therefore recourse to such exceptions must be limited to what is strictly necessary. The Committee accordingly requests the Government to provide specific information on the conditions under which and the limits within which exceptions to the weekly rest may be authorized with a view to protect workers from any risk of abuse. Moreover, the Committee notes that the text of the Essential Services Act (Cap. 12), which was referred to as being annexed to the Government’s report, has not been received by the Office, and therefore the Committee would appreciate receiving a copy of this instrument.
Article 7. The Committee notes the copies of rosters and notices used by the Water and Electricity Authorities for informing employees of their working time schedule and weekly rest arrangements.
Parts III and V of the report form. While noting that the labour inspection reports 2000-05 to which reference was made in the Government’s report have not been received by the Office, the Committee requests the Government to supply general information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, extracts from inspection reports showing the number of contraventions reported and sanctions imposed, etc.
The Committee requests the Government to provide information on the following points.
Articles 4 and 5 of the Convention. With reference to its previous direct request, the Committee notes the information according to which, under the terms of section 11(f) of the Labour Act (Cap. 75), a worker may be required to work on customary rest days, in occupations where this is expressly provided for in the contract of service. However, the Government also points out that this exception does not affect the worker’s entitlement to a period of rest of 24 consecutive hours in any seven-day period.
Article 6. The Government is asked to provide a list of exceptions allowed under Article 4 of the Convention, in particular a list of those workers whose conditions of service are governed by the Essential Services Act. The Government is also asked to provide a copy of this text.
Article 7. The Committee notes that this Article is implemented through the provisions of section 11(7) of the Labour Act (Cap. 75), and requests the Government to provide specimen copies of the notices and rosters that are used.
Parts III and V of the report form. The Government is asked to supply as much information as possible on the activities of the inspection services, including, where appropriate, relevant extracts from inspection reports or statistics on the number and nature of contraventions reported.
The Committee requests the Government to provide information on the following points. Articles 4 and 5 of the Convention. With reference to its previous direct request, the Committee notes the information according to which, under the terms of section 11(f) of the Labour Act (Cap. 75), a worker may be required to work on customary rest days, in occupations where this is expressly provided for in the contract of service. However, the Government also points out that this exception does not affect the worker’s entitlement to a period of rest of 24 consecutive hours in any seven-day period. Article 6. The Government is asked to provide a list of exceptions allowed under Article 4 of the Convention, in particular a list of those workers whose conditions of service are governed by the Essential Services Act. The Government is also asked to provide a copy of this text. Article 7. The Committee notes that this Article is implemented through the provisions of section 11(7) of the Labour Act (Cap. 75), and requests the Government to provide specimen copies of the notices and rosters that are used. Parts III and V of the report form. The Government is asked to supply as much information as possible on the activities of the inspection services, including, where appropriate, relevant extracts from inspection reports or statistics on the number and nature of contraventions reported.
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 reads as follows:
The Committee takes note of the information supplied by the Government in its last report. It requests the Government to provide additional information on the following points.
Articles 4 and 5 of the Convention. With reference to its previous direct request, the Committee notes the information according to which, under the terms of section 11(f) of the Labour Act (Cap. 75), a worker may be required to work on customary rest days, in occupations where this is expressly provided for in the contract of service. However, the Government also points out that this exception does not affect the worker's entitlement to a period of rest of 24 consecutive hours in any seven-day period.
Points III and V of the report form. The Government is asked to supply as much information as possible on the activities of the inspection services, including, where appropriate, relevant extracts from inspection reports or statistics on the number and nature of contraventions reported.
The Committee notes with regret 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:
The Committee notes the information provided in the Government's latest report. It requests the Government to supply additional information in its next report on the following point.
Articles 4 and 5 of the Convention. The Committee notes that section 11(f) of the Labour Act (Cap. 75) provides that no worker may be required to work on more than six days in one week unless such worker is employed in an occupation in which work on customary rest days is expressly provided for in the contract of service. The Committee requests the Government to indicate in future reports any measures taken or envisaged to ensure, as far as possible, compensatory periods of rest for workers in such cases, in accordance with Article 5 of the Convention.
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 following matters raised in its previous direct request, which read as follows: