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Repetition Article 1 of the Convention. Scope of application. The Committee previously noted the adoption of Act No. 133/AN/05/5e L of 28 January 2006 issuing the Labour Code. It noted in particular that section 1 of the Labour Code provides that the Code is applicable throughout the national territory except in the “export processing zones”. The Committee again requests the Government to provide a copy of the legislation governing hours of work in industrial establishments in export processing zones.Articles 2 and 3. Maximum daily hours of work – Distribution of hours of work over the week. Exceptions in cases of accidents or urgent work. The Committee notes the information in the Government’s report to the effect that the Labour Code of 2006 comprises 27 regulatory texts, two of which have been promulgated to date. Of the other 25 texts that are being drawn up, the Committee notes that certain decrees are concerned with arrangements for distribution of the hours of work over different days of the week, the maximum length of the working day and certain exceptions. The Committee requests the Government to send all regulatory texts relating to the application of the provisions of the Convention, once they have been adopted.Article 5. Calculation of hours of work for periods exceeding a week. The Committee previously noted that section 84 of the Labour Code provides that the working time of 48 hours per week may be exceeded through the application of rules relating, inter alia, to variations in hours of work set out in collective agreements. The Committee also noted that, under section 93 of the Labour Code, in order to be applicable, agreements concerning variations in hours of work have to be approved by the Minister of Labour. However, the Committee notes that there are no provisions in the Labour Code stipulating that the average number of hours worked per week shall not exceed 48, as required by Article 5 of the Convention. The Committee again requests the Government to indicate the manner in which effect is given to this provision of the Convention and to provide copies of collective agreements setting out practical arrangements for variations in hours of work.Article 6. Permanent exceptions. The Committee requests the Government to provide a copy of any new legislative text adopted pursuant to section 87 of the new Labour Code.Temporary exceptions. The Committee recalls that the Convention only allows temporary exceptions to deal with exceptional cases of pressure of work and requests the Government to send a copy of any regulatory text giving effect to this Article of the Convention.Article 8. Notices of rest periods – Maintenance of records of additional hours – Penalties. The Committee previously noted that the Labour Code of 2006 does not contain any provision relating to the posting of notices of rest periods which are not reckoned as part of working hours, records of additional hours worked, or the fact that it is an offence to exceed the hours of work indicated, as required by Article 8 of the Convention – points on which the Committee has been commenting for several years. The Committee again requests the Government to take the necessary steps to bring the legislation into full conformity with this provision of the Convention.
Repetition Article 1 of the Convention. Scope of application. The Committee previously noted the adoption of Act No. 133/AN/05/5e L of 28 January 2006 issuing the Labour Code. It noted in particular that section 1 of the Labour Code provides that the Code is applicable throughout the national territory except in the “export processing zones”.The Committee again requests the Government to provide a copy of the legislation governing hours of work in industrial establishments in export processing zones.Articles 2 and 3. Maximum daily hours of work – Distribution of hours of work over the week. Exceptions in cases of accidents or urgent work. The Committee notes the information in the Government’s report to the effect that the Labour Code of 2006 comprises 27 regulatory texts, two of which have been promulgated to date. Of the other 25 texts that are being drawn up, the Committee notes that certain decrees are concerned with arrangements for distribution of the hours of work over different days of the week, the maximum length of the working day and certain exceptions.The Committee requests the Government to send all regulatory texts relating to the application of the provisions of the Convention, once they have been adopted.Article 5. Calculation of hours of work for periods exceeding a week. The Committee previously noted that section 84 of the Labour Code provides that the working time of 48 hours per week may be exceeded through the application of rules relating, inter alia, to variations in hours of work set out in collective agreements. The Committee also noted that, under section 93 of the Labour Code, in order to be applicable, agreements concerning variations in hours of work have to be approved by the Minister of Labour. However, the Committee notes that there are no provisions in the Labour Code stipulating that the average number of hours worked per week shall not exceed 48, as required by Article 5of the Convention.The Committee again requests the Government to indicate the manner in which effect is given to this provision of the Convention and to provide copies of collective agreements setting out practical arrangements for variations in hours of work.Article 6. Permanent exceptions.The Committee requests the Government to provide a copy of any new legislative text adopted pursuant to section 87 of the new Labour Code.Temporary exceptions.The Committee recalls that the Convention only allows temporary exceptions to deal with exceptional cases of pressure of work and requests the Government to send a copy of any regulatory text giving effect to this Article of the Convention.Article 8. Notices of rest periods – Maintenance of records of additional hours – Penalties. The Committee previously noted that the Labour Code of 2006 does not contain any provision relating to the posting of notices of rest periods which are not reckoned as part of working hours, records of additional hours worked, or the fact that it is an offence to exceed the hours of work indicated, as required by Article 8of the Convention – points on which the Committee has been commenting for several years.The Committee again requests the Government to take the necessary steps to bring the legislation into full conformity with this provision of the Convention.
The Committee notes the adoption of the new Labour Code (Act No. 133/AN/05) that it intends to examine at its next session. In this regard, the Committee notes the observations of the General Union of Djibouti Workers (UGTD) which were transmitted to the Government on 21 September 2007. The UGTD indicates that to ensure the application of the provisions of the Convention, it would be advisable to adopt implementing regulations under the new Labour Code and to establish a National Commission on Employment, Labour and Vocational Training that would ensure the strict application of the provisions of the Convention and would enable the social partners to prepare recommendations aiming at improving working conditions. The Committee requests the Government to provide in its next report full information on the implementation of all provisions of the Convention in light of the new Labour Code as well as any comments it may wish to make in response to the observations of the UGTD.
Article 6, paragraph 1(b), of the Convention. With reference to its previous direct requests, the Committee notes the Government’s indication that the revision of section 6(2) of Order (arrête) No. 1283 of 23 October 1953 which authorizes extensions of hours of work for seasonal work, the need to maintain or increase production, and because of a shortage of labour, is still under preparation within the overall framework of the new Labour Code, which the Government announced for years. The Government trusts that the new Labour Code will be adopted in the near future and will give effect to the provisions of the Convention, taking into consideration the Committee’s previous comments. The Committee requests the Government to keep the ILO informed of all progress made.
The Committee notes the Government’s last report and the additional information provided with the technical assistance of the ILO. It also notes that the Government envisages once again availing itself of this assistance for the formulation of a new Labour Code in conformity with the provisions of the Convention. The Committee trusts that the new Labour Code, and any new regulations on the application of hours of work will be adopted in the near future and will give full effect to the Convention, taking into consideration the Committee’s previous comments on Articles 6 and 8 of the Convention, which read as follows:
Article 6. The Committee noted, with reference to paragraph 1(b), that section 6(2) of Order No. 1283 of 23 October 1953 authorized extensions of hours of work either for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It therefore requested the Government to examine the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention. The Committee would be grateful if the Government would provide full information on the measures which have been taken in this respect, as well as to ensure that employers’ and workers’ organizations are consulted before the adoption of the regulations referred to in Article 6.
Article 8. The Committee also requests the Government to provide information on the manner in which effect is given to paragraph 1(c) (the recording of all additional hours worked) and paragraph 2 (illegality of exceeding the hours of work notified).
Finally, the Committee requests the Government to provide information on the preliminary draft texts of: (1) the Bill to issue regulations respecting conditions of work; and (2) the Order issuing regulations respecting hours of work, to which reference was made in the report for the period ending 30 June 1987.
The Committee requests the Government to keep the ILO informed of the progress made with the draft texts to revise the labour legislation.
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 Government's report in reply to its previous comments. It notes that the higher rates of remuneration applied to overtime hours under Order No. 1382 of 12 November 1953, in contradiction with the Convention, were corrected by Order No. 75.3555 of 28 February 1975. However, the Committee wishes to remind the Government of the other points also raised in its previous direct requests and once again asks it to provide the requested information. Article 6 of the Convention. The Committee noted, with reference to paragraph 1(b), that section 6(2) of Order No. 1283 of 23 October 1953 authorized extensions of hours of work either for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It therefore requested the Government to examine the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention. The Committee would be grateful if the Government would provide full information on the measures which have been taken in this respect, as well as to ensure that employers' and workers' organizations are consulted before the adoption of the regulations referred to in Article 6. Article 8. The Committee also requests the Government to provide information on the manner in which effect is given to paragraph 1(c) (the recording of all additional hours worked) and paragraph 2 (illegality of exceeding the hours of work notified). Finally, the Committee requests the Government to provide information on the preliminary draft texts of (1) the Bill to issue regulations respecting conditions of work, and (2) the Order issuing regulations respecting hours of work, to which reference was made in the report for the period ending 30 June 1987.
The Committee notes the Government's report in reply to its previous comments.
It notes that the higher rates of remuneration applied to overtime hours under Order No. 1382 of 12 November 1953, in contradiction with the Convention, were corrected by Order No. 75.3555 of 28 February 1975.
However, the Committee wishes to remind the Government of the other points also raised in its previous direct requests and once again asks it to provide the requested information.
Article 6 of the Convention. The Committee noted, with reference to paragraph 1(b), that section 6(2) of Order No. 1283 of 23 October 1953 authorized extensions of hours of work either for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It therefore requested the Government to examine the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention. The Committee would be grateful if the Government would provide full information on the measures which have been taken in this respect, as well as to ensure that employers' and workers' organizations are consulted before the adoption of the regulations referred to in Article 6.
Finally, the Committee requests the Government to provide information on the preliminary draft texts of (1) the Bill to issue regulations respecting conditions of work, and (2) the Order issuing regulations respecting hours of work, to which reference was made in the report for the period ending 30 June 1987.
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:
The Committee notes the Government's report in reply to its previous comments. It notes that the higher rates of remuneration applied to overtime hours under Order No. 1382 of 12 November 1953, in contradiction with the Convention, were corrected by Order No. 75.3555 of 28 February 1975. However, the Committee wishes to remind the Government of the other points also raised in its previous direct requests and once again asks it to provide the requested information. Article 6 of the Convention. The Committee noted, with reference to paragraph 1(b), that section 6(2) of Order No. 1283 of 23 October 1953 authorized extensions of hours of work either for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It therefore requested the Government to examine the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention. The Committee would be grateful if the Government would provide full information on the measures which have been taken in this respect, as well as to ensure that employers' and workers' organizations are consulted before the adoption of the regulations referred to in Article 6. Article 8. The Committee also requests the Government to provide information on the manner in which effect is given to paragraph 1(c) (the recording of all additional hours worked) and paragraph 2 (illegality of exceeding the hours of work notified). Finally, the Committee requests the Government to provide information on the preliminary draft texts of (a) the Bill to issue regulations respecting conditions of work, and (b) the Order issuing regulations respecting hours of work, to which reference was made in the report for the period ending 30 June 1987.
Finally, the Committee requests the Government to provide information on the preliminary draft texts of (a) the Bill to issue regulations respecting conditions of work, and (b) the Order issuing regulations respecting hours of work, to which reference was made in the report for the period ending 30 June 1987.
The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:
Further to its previous comments, the Committee notes the information supplied by the Government in its last report, to the effect that no steps have yet been taken to ensure the application of the Convention. The draft Bill to govern conditions of employment and a preliminary draft Order to govern hours of work and the payment of overtime have still not been submitted to the Advisory Labour Committee. In its previous comments, the Committee pointed out, in connection with Article 6, paragraph 1(b), of the Convention, that section 6, subsection 2, of Order No. 1283 of 23 October 1953 authorizes extensions of hours of work for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It asked the Government to consider the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention. It also observed that, in certain cases (see, in particular, sections 4, subsection 3, and 5, subsection 3, of Order No. 1283) the additional hours worked were not paid at an overtime rate, as provided by Article 6, paragraph 2. It requested the Government to consider the possibility of taking suitable measures to ensure the payment of a supplementary wage of 25 per cent in all cases covered by the provision of the Convention in question, when hours of work exceed those provided for at Article 2. The Committee also asked the Government to ensure that the employers' and workers' organizations were consulted before the adoption of the regulations mentioned at Article 6. Lastly, the Government was asked to supply information on the way in which effect is given to paragraph 1(c) (the recording of all additional hours worked) and paragraph 2 (illegality of exceeding the hours of work notified) of Article 8. The Committee trusts that the above draft Bill and preliminary draft Order will be submitted to the Advisory Labour Committee and adopted, and that they will give full effect to the provisions of the Convention in question.
Further to its previous comments, the Committee notes the information supplied by the Government in its last report, to the effect that no steps have yet been taken to ensure the application of the Convention. The draft Bill to govern conditions of employment and a preliminary draft Order to govern hours of work and the payment of overtime have still not been submitted to the Advisory Labour Committee.
In its previous comments, the Committee pointed out, in connection with Article 6, paragraph 1(b), of the Convention, that section 6, subsection 2, of Order No. 1283 of 23 October 1953 authorizes extensions of hours of work for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It asked the Government to consider the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention.
It also observed that, in certain cases (see, in particular, sections 4, subsection 3, and 5, subsection 3, of Order No. 1283) the additional hours worked were not paid at an overtime rate, as provided by Article 6, paragraph 2. It requested the Government to consider the possibility of taking suitable measures to ensure the payment of a supplementary wage of 25 per cent in all cases covered by the provision of the Convention in question, when hours of work exceed those provided for at Article 2.
The Committee also asked the Government to ensure that the employers' and workers' organizations were consulted before the adoption of the regulations mentioned at Article 6.
Lastly, the Government was asked to supply information on the way in which effect is given to paragraph 1(c) (the recording of all additional hours worked) and paragraph 2 (illegality of exceeding the hours of work notified) of Article 8.
The Committee trusts that the above draft Bill and preliminary draft Order will be submitted to the Advisory Labour Committee and adopted, and that they will give full effect to the provisions of the Convention in question.
Further to its previous comments, the Committee notes the information supplied by the Government in its last report, to the effect that no steps have yet been taken to ensure the application of the Convention. The draft Bill to govern conditions of employment and a preliminary draft Order to govern hours of work and the payment of overtime have still not been submitted to the Advisory Labour Committee. In its previous comments, the Committee pointed out, in connection with Article 6, paragraph 1(b), of the Convention, that section 6, subsection 2, of Order No. 1238 of 23 October 1953 authorizes extensions of hours of work for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It asked the Government to consider the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention. It also observed that, in certain cases (see, in particular, sections 4, subsection 3, and 5, subsection 3, of Order No. 1283) the additional hours worked were not paid at an overtime rate, as provided by Article 6, paragraph 2. It requested the Government to consider the possibility of taking suitable measures to ensure the payment of a supplementary wage of 25 per cent in all cases covered by the provision of the Convention in question, when hours of work exceed those provided for at Article 2. The Committee also asked the Government to ensure that the employers' and workers' organizations were consulted before the adoption of the regulations mentioned at Article 6. Lastly, the Government was asked to supply information on the way in which effect is given to paragraph 1(c) (the recording of all additional hours worked) and paragraph 2 (illegality of exceeding the hours of work notified) of Article 8. The Committee trusts that the above draft Bill and preliminary draft Order will be submitted to the Advisory Labour Committee and adopted, and that they will give full effect to the provisions of the Convention in question.
In its previous comments, the Committee pointed out, in connection with Article 6, paragraph 1(b), of the Convention, that section 6, subsection 2, of Order No. 1238 of 23 October 1953 authorizes extensions of hours of work for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It asked the Government to consider the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention.
In its previous comments, the Committee pointed out, in connection with Article 6, paragraph 1(b), of the Convention, that section 6, subsection 2, of Order No. 1238 of 23 October 1953 authorises extensions of hours of work for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It asked the Government to consider the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention.
The Committee also asked the Government to ensure that the employers' and workers' organisations were consulted before the adoption of the regulations mentioned at Article 6.