Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 6 of the Convention. Weekly rest. Public employees. The Committee notes that, while section 96 of the Civil Service Statute No. 30 of 2007 sets the legal working hours to seven hours a day and five days a week, it also allows the Council of Ministers to exclude any department from this provision, for the reason of the nature of its work, and authorizes every department to organize the working hours to adapt them to the requirement of the services it provides to citizens. As this provision may affect the weekly rest entitlement of public employees, the Committee would appreciate if the Government would provide additional explanations as to how it is ensured in both law and practice that public employees enjoy a weekly rest of at least 24 consecutive hours in respect of each period of seven days. The Committee also requests the Government to transmit a copy of any decision the Council of Ministers may have issued so far, by virtue of section 96 of the Civil Service Statute excluding a certain category of public employees from the normal weekly rest scheme.

Article 8, paragraph 3. Compensatory rest. The Committee notes that section 29(a) of the Civil Service Statute provides for overtime pay at 130 per cent of the regular rate especially in cases of the accomplishment of urgent or seasonal work or when the nature of services so requires. It also notes that, under section 29(f), a public employee may be granted a supplementary day of annual leave for every five hours of overtime accomplished up to a maximum of ten days a year in lieu of the cash compensation on his or her request, or in case of lack of financial allocations. The Committee recalls in this respect that the Convention requires a compensatory rest of a total duration of at least 24 hours to be granted in all cases when work is performed on the weekly rest day, irrespective of any monetary compensation. Moreover, granting extra days of annual leave would not be consonant with the spirit of the Convention which seeks to allow workers to benefit from effective rest in a reasonably short period of time in order to compensate the weekly rest of which the worker was deprived. The Committee therefore requests the Government to consider possible amendments to the Civil Service Statute in order to bring it into line with the requirements of this Article of the Convention.

Article 11. List of exemptions. The Government is requested to provide a list of all authorized exemptions (permanent or temporary) to the normal weekly rest scheme, as required by this Article of the Convention.

Part V of the report form. Application in practice. The Committee notes that the Government has not communicated for many years concrete information concerning the practical application of the Convention. It would therefore appreciate receiving up to date information in this regard, including, in particular, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of contraventions observed concerning weekly rest and sanctions imposed, copies of any collective agreements containing provisions on special weekly rest schemes, 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 these instruments continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). Noting that the national legislation giving effect to this Convention applies to all sectors and to all branches of economic activity without distinction, the Committee invites the Government to contemplate ratifying Convention No. 14 and to keep the Office informed of any decision taken or envisaged in this respect.

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

Articles 6 and 7 of the Convention. Accumulation of weekly rest –  Special weekly rest schemes. The Committee has been commenting for many years on section 60(2) of the Labour Code of 1996 which permits the accumulation of weekly rest days for a period of up to one month. While fully understanding the intention to provide workers employed at distant or isolated sites with an opportunity to be with their families less often but for longer periods, as explained by the Government in earlier reports, the Committee has drawn attention to the fact that, as it currently reads, the Labour Code does not limit the accumulation or deferral of weekly rest only to workers employed in distant or isolated regions and is therefore possibly open to abuse. The Committee has further drawn attention to Article 7 of the Convention which precisely offers the possibility under certain well-circumscribed conditions of establishing special weekly rest schemes where the nature of the work, the size of the population to be served or the number of persons employed is such that the normal weekly rest scheme cannot be applied. The Committee notes with regret that in its last report the Government gives no indication of any progress made in this regard and confines itself to reiterating that the national legislation is in conformity with the requirements of the Convention. The Committee is therefore obliged once again to ask the Government to take all necessary action in order to amend section 60(2) of the Labour Code, with a view to specifying the conditions under which, and the limits within which, the accumulation or postponing of weekly rest days may be authorized, and possibly limiting to three weeks the period over which workers covered by such special weekly rest scheme may accumulate weekly rest days, as indicated in Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103).

Articles 7, paragraph 2, and 8, paragraph 3. Permanent and temporary exemptions – compensatory rest. The Committee has been drawing the Government’s attention to section 59(2) of the Labour Code which is not in conformity with the Convention since it provides for cash compensation and not compensatory rest as prescribed by Articles 7(2) and 8(3) of the Convention. The Committee recalls once more that the Convention requires compensatory rest of a total duration at least equivalent to 24 hours in all cases where a worker performs work on the day of weekly rest, irrespective of any higher remuneration paid on this occasion and even if the work has been carried out with the worker’s consent. The Committee therefore asks the Government to take without further delay all appropriate steps in order to bring section 59(2) of the Labour Code into conformity with the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report in reply to its observation.

Articles 6 and 7 of the Convention. According to section 60, paragraph 2, of the Labour Code of 1996, a worker may, with the approval of his employer, accumulate his weekly rest days to use them all together as leave, for a period not exceeding one month. The purpose of this provision is to grant persons employed in distant or isolated regions the possibility of visiting their families. The Government indicates further that employees spend the weekly rest days at their workplaces without any work effectively done. 

The Committee reiterates that Article 6, which entitles an employee to an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days, is obligatory and cannot be altered by individual agreement, even if the employee so wishes.

Nevertheless, the Convention allows in Article 7 exceptions from the general standard. Article 7, paragraphs 1 and 4, stipulates that where the nature of the work, the nature of the service performed by the establishments, the size of the population to be served, or the number of persons is such that the provisions of Article 6 cannot be applied, measures may be taken by the competent authority, after consultation with the employers’ and workers’ organizations concerned, to apply special weekly rest schemes, where appropriate, to specified categories of persons or specified types of establishment covered by the Convention, special regard being paid to all proper social and economic considerations.

Employees employed in distant or isolated regions may have an interest in accumulating their weekly rest and to be the subject of a special weekly rest scheme. The Committee acknowledged in its 1984 General Survey that the distance of the place of work from any large urban centre may be grounds for accumulating and postponing the rest day (paragraph 164), whereas Paragraph 3(a) of Recommendation No. 103 of 1957 restricts the period without a weekly rest period to three weeks.

Section 60, paragraph 2, of the Labour Code of 1996, however, is not restricted to specified circumstances as stipulated under Article 7. It applies to all employees without limitation whatsoever and is therefore possibly open to abuses. 

Article 8, paragraph 3. The Committee has to repeat its previous comments that sections 59 and 60 of the Labour Code of 1996 do not provide for compensatory rest for work done on a weekly rest period in accordance with Article 8, paragraph 3, irrespective of any higher remuneration.

The Government is therefore once again requested to take all necessary action to ensure that section 60, paragraph 2, of the Labour Code of 1996 will be amended in the very near future to specified circumstances in line with Article 7, paragraph 1, and furthermore, to grant a compensatory rest period irrespective of any monetary compensation in accordance with Article 8, paragraph 3, and to inform the Committee on all success achieved. 

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

Articles 6 and 7 of the Convention. The Committee notes the Government’s indication that projects, which are carried out in regions at long distances from the workers’ homes could justify the accumulation of their weekly rest days in accordance with section 60(b) of the Labour Code, which stipulates that a worker may, with the employer’s consent, accumulate weekly rest days in order to take them only once per month.

The Committee once again draws the Government’s attention to the fact that exceptions from the provisions under Article 6 may only be stipulated in accordance with Articles 7 or 8. Moreover, even if the nature of work, the nature of the service performed by the establishment, the size of the population to be served, or the number of persons employed is such that the normal weekly rest scheme may not apply, special weekly rest stipulated in accordance with Article 7, paragraphs 1 and 4, must in any case grant a total rest period of at least 24 hours every seven days (Article 7, paragraph 3).

Article 8. Referring to its previous comments the Committee notes that section 59(b) of the Labour Code, which provides for payment for hours worked during a weekly rest day at a rate of 150 per cent of normal pay, is not in conformity with this Article. It must reiterate that only temporary exemptions from the weekly rest period may be granted under the enumerated cases in Article 8, paragraph 1, in consultation with the representative employers’ and workers’ organizations (Article 8, paragraph 2). Furthermore, in any of these cases the workers shall benefit from compensatory rest in accordance with Article 8, paragraph 3, irrespective of any higher remuneration and even if the work on a weekly rest day has been carried out with the worker’s agreement.

The Committee once again asks the Government to take the necessary measures as soon as possible to bring its legislation into conformity with the provisions of the Convention under Articles 6, 7 and 8. The Committee trusts that the Government’s next report will contain detailed information on any progress made in this respect.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee takes note of the Government's last report on the application of the Convention and the information contained in its reply to previous comments. The Committee also takes note of the adoption of the Labour Code (Act No. 8 of 1996).

In this connection the Committee notes that, its previous comments notwithstanding, section 60(b) of the Labour Code stipulates that a worker may, with the employer's consent, accumulate weekly rest days in order to take them only once per month. The Committee recalls that for a number of years it has drawn the Government's attention to the fact that this type of provision is not in conformity with the provisions of Article 6, paragraph 1 of the Convention, according to which all persons to whom the Convention applies should be entitled to a weekly rest period comprising not less than 24 hours in the course of each period of seven days. The Committee also recalls that the weekly special rest schemes provided for under Article 7, paragraph 1 may only be applied where the nature of the work, the nature of the service performed by the establishment, the size of the population to be served, or the number of persons employed is such that the provisions of Article 6 cannot be applied, and after consultations with the representative organizations of the employers and workers concerned.

Furthermore, the Committee would also draw the Government's attention to the provisions of section 59(b) of the Labour Code which provides for payment for hours worked during a weekly rest day at a rate of 150 per cent of normal pay. The Committee recalls that Article 8, paragraph 3, stipulates that compensatory rest must be granted, irrespective of any financial compensation, where temporary exemptions are made for the reasons set forth in the first paragraph of this Article.

The Committee therefore asks the Government to take the necessary measures as soon as possible to bring its legislation into conformity with the fundamental provisions of the Convention, particularly Articles 6, 7 and 8. The Committee trusts that the Government's next report will contain detailed information on any action taken to that end and on any progress made in this regard.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

In its previous observations, the Committee noted the Government's indication that section 87(b) of the draft Labour Code, providing that the worker may, with the employer's approval, accumulate the weekly rest days and take them once a month, had been deleted from the draft Code. The Government's latest report indicates that the draft Labour Code is before Parliament for approval before it is brought into effect. The Committee hopes that the revised text will be adopted and transmitted to the Office in the very near future.

The Committee also noted that section 87(a) of the draft Code provides that the employer may, where the nature of the work requires it and with the written approval of the Minister, designate a day of the week other than Friday as the day of rest. The Committee again requests the Government to indicate the manner in which consultations with the representative employers' and workers' organizations concerned with respect to any such special weekly rest schemes is to be ensured, in conformity with Article 7, paragraph 4, of the Convention.

With regard to its previous comments concerning compensatory rest, the Committee would like to reiterate to the Government that in accordance with Article 8, paragraph 3, compensatory rest must be granted, regardless of any monetary remuneration, where temporary exemptions are made for the reasons enumerated in paragraph 1 of this Article. In this connection, the Government has indicated that, in accordance with the Committee's request, section 42 of the Labour Code has been amended to ensure the granting of compensatory rest. The Committee repeats its request to the Government to supply the Office with a copy of any text adopted which amends section 42 of the Labour Code in this regard.

The Government is asked to report in detail in 1996.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

1. Articles 6 and 7 of the Convention. The Committee has noted the Government's indication in its latest report and in its report for 1988 that section 87(b) of the draft Labour Code (which was to provide that the worker may, with the approval of the employer, accumulate the weekly rest days and take them once a month) has been deleted from the draft Code. The Committee would be glad if the Government would transmit a copy of the text to the Office as soon as it has been adopted. Furthermore, section 87(a) of the draft Code provides that the employer may, where the nature of the work requires it and with the written approval of the Minister, designate a day of the week other than Friday as the day of rest. The Government is requested to indicate the manner in which consultation with the representative employers' and workers' organizations concerned with respect to any such special weekly rest schemes is to be ensured, in conformity with Article 7, paragraph 4 of the Convention.

2. The Committee notes the information provided in the Government's report in reply to its previous comments concerning the application of Article 8, paragraph 1, and understands in this regard that section 43(6)(b) of the Labour Code in force (which provides for salary compensation of 125 per cent of the regular salary when working on a weekly rest day) refers to workers who agree to work on the weekly rest day by virtue of a derogation made under section 42 or who may be subject to exclusion under section 43. The Committee notes that workers who are excluded under section 43(2) are granted a compensatory rest day by virtue of section 43(3), whereas there is no similar guarantee for persons working on the weekly rest day in the event of accident or natural catastrophe, where urgent work must be done, or in cases of force majeure (section 42), who are only assured financial compensation.

In its previous comments, the Committee called the Government's attention to Article 8, paragraph 3, which provides that, where temporary exemptions are made for the reasons enumerated in paragraph 1, the persons concerned must be granted compensatory rest. The Committee requested the Government to take the necessary measures to amend section 42 of the Labour Code so as to ensure the granting of compensatory rest. In its latest report, the Government has indicated that this question has been dealt with in accordance with the Committee's request. The Government is requested to supply the Office with a copy of any text adopted which amends the above-mentioned section in this regard.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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:

1. Articles 6 and 7 of the Convention. Further to its earlier comments, the Committee takes note of the Government's statement that section 87 of the draft new Labour Code (which provides that the worker may, with the approval of his employer, cancel his weekly rest days and take them once a month) will be deleted from this draft when it is discussed prior to enactment. It hopes that the draft will soon be adopted and will give full effect to the provisions of Article 6 of the Convention. Furthermore, the Committee would be grateful if the Government would state in its future reports the cases to which special weekly rest schemes have been applied and supply the other information called for in the report form under Article 7.

2. Article 8, paragraph 1. In reply to the Committee's previous comments, the Government states that, under section 43 subsection 6(b) of the Labour Code in force, the employment of a worker on his weekly rest day is subject to his agreement. In this connection, the Committee wishes to point out once again that exceptions to the provisions concerning weekly rest periods may be authorized only in the cases specified in this provision of the Convention. It therefore hopes that the Government will soon take the necessary measures in order to bring the national legislation into conformity with the Convention on this point.

3. Article 8, paragraph 3. The Government states that the employment of workers in the event of urgent work is subject to the approval of the Ministry of Labour which may require the employer to grant compensatory weekly rest days instead of monetary compensation. The Committee therefore requests the Government to take the necessary measures to amend section 42 of the Labour Code to ensure the granting of compensatory rest.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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:

1. Articles 6 and 7 of the Convention. Further to its earlier comments, the Committee takes note of the Government's statement that section 87 of the draft new Labour Code (which provides that the worker may, with the approval of his employer, cancel his weekly rest days and take them once a month) will be deleted from this draft when it is discussed prior to enactment. It hopes that the draft will soon be adopted and will give full effect to the provisions of Article 6 of the Convention. Furthermore, the Committee would be grateful if the Government would state in its future reports the cases to which special weekly rest schemes have been applied and supply the other information called for in the report form under Article 7.

2. Article 8, paragraph 1. In reply to the Committee's previous comments, the Government states that, under section 43 subsection 6(b) of the Labour Code in force, the employment of a worker on his weekly rest day is subject to his agreement. In this connection, the Committee wishes to point out once again that exceptions to the provisions concerning weekly rest periods may be authorised only in the cases specified in this provision of the Convention. It therefore hopes that the Government will soon take the necessary measures in order to bring the national legislation into conformity with the Convention on this point.

3. Article 8, paragraph 3. The Government states that the employment of workers in the event of urgent work is subject to the approval of the Ministry of Labour which may require the employer to grant compensatory weekly rest days instead of monetary compensation. The Committee therefore requests the Government to take the necessary measures to amend section 42 of the Labour Code to ensure the granting of compensatory rest.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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:

1. Articles 6 and 7 of the Convention. Further to its earlier comments, the Committee takes note of the Government's statement that section 87 of the draft new Labour Code (which provides that the worker may, with the approval of his employer, cancel his weekly rest days and take them once a month) will be deleted from this draft when it is discussed prior to enactment. It hopes that the draft will soon be adopted and will give full effect to the provisions of Article 6 of the Convention. Furthermore, the Committee would be grateful if the Government would state in its future reports the cases to which special weekly rest schemes have been applied and supply the other information called for in the report form under Article 7.

2. Article 8, paragraph 1. In reply to the Committee's previous comments, the Government states that, under section 43 subsection 6(b) of the Labour Code in force, the employment of a worker on his weekly rest day is subject to his agreement. In this connection, the Committee wishes to point out once again that exceptions to the provisions concerning weekly rest periods may be authorised only in the cases specified in this provision of the Convention. It therefore hopes that the Government will soon take the necessary measures in order to bring the national legislation into conformity with the Convention on this point.

3. Article 8, paragraph 3. The Government states that the employment of workers in the event of urgent work is subject to the approval of the Ministry of Labour which may require the employer to grant compensatory weekly rest days instead of monetary compensation. The Committee therefore requests the Government to take the necessary measures to amend section 42 of the Labour Code to ensure the granting of compensatory rest.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

1. Articles 6 and 7 of the Convention. Further to its earlier comments, the Committee takes note of the Government's statement that section 87 of the draft new Labour Code (which provides that the worker may, with the approval of his employer, cancel his weekly rest days and take them once a month) will be deleted from this draft when it is discussed prior to enactment. It hopes that the draft will soon be adopted and will give full effect to the provisions of Article 6 of the Convention. Furthermore, the Committee would be grateful if the Government would state in its future reports the cases to which special weekly rest schemes have been applied and supply the other information called for in the report form under Article 7.

2. Article 8, paragraph 1. In reply to the Committee's previous comments, the Government states that, under section 43 6(b) of the Labour Code in force, the employment of a worker on his weekly rest day is subject to his agreement. In this connection, the Committee wishes to point out once again that exceptions to the provisions concerning weekly rest periods may be authorised only in the cases specified in this provision of the Convention. It therefore hopes that the Government will soon take the necessary measures in order to bring the national legislation into conformity with the Convention on this point.

3. Article 8, paragraph 3. The Government states that the employment of workers in the event of urgent work is subject to the approval of the Ministry of Labour which may require the employer to grant compensatory weekly rest days instead of monetary compensation. The Committee therefore requests the Government to take the necessary measures to amend section 42 of the Labour Code to ensure the granting of compensatory rest.