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

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

Article 5 of the Convention. Compensatory rest. Further to its previous comment on this point, the Committee wishes to recall once again that the Convention requires compensatory rest to be granted, as far as possible, to those performing work on a weekly rest day, irrespective of any extra pay which may be offered in addition. The Committee therefore considers that leaving it to the discretion of the worker concerned to choose between a cash compensation at 150 per cent of the normal wage rate or another day of rest is not the best manner to ensure that workers enjoy every week the minimum of rest and leisure they need in order to preserve their health and well-being, and does not give full effect to either the letter or the spirit of the Convention.

Similarly, the fact that section 80 of the Labour Law for the private sector of 1976, as amended, practically allows workers to forego altogether their weekly rest entitlement, if they so wish, in exchange for overtime pay, is contrary to the very principle of weekly rest as one of the best observed workers’ rights. As the Committee noted in paragraph 159 of its General Survey of 1964 on weekly rest, if cash compensation were allowed to become the rule, it would practically have the effect of depriving the workers of the rest to which they are entitled, and this on a continuous basis. The Committee recalls, in this connection, that certain provisions of international labour Conventions seek occasionally to protect workers against what might initially appear to be their own “preferences”, in case, for instance, they are tempted (for reasons of securing an additional financial gain) to renounce to elementary protective rights, especially in terms of hours of work, weekly rest and annual holidays.

In the light of the preceding observations, therefore, and while noting the Government’s explanations about the limited number of cases of workers required to work on their weekly rest day more than twice consecutively, the Committee requests the Government to consider the possibility of amending section 80 of the Labour Law at the first suitable occasion in order to bring it into conformity with the Convention in this regard. It also requests the Government to indicate in its next report the specific circumstances in which the suspension and/or reduction of the rest period is authorized under section 80 of the Labour Law.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government that the number of workers’ complaints concerning infringements of the labour legislation on weekly rest is less than 0.01 per cent of all registered complaints. It would appreciate if the Government would continue providing up to date information concerning the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of relevant collective agreements containing clauses on weekly rest, 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). 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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and wishes to draw its attention to the following points.

Article 5 of the Convention. The Committee notes that, under section 80 of Decree No. 14 of 1993 revising the Labour Code of 1976, an employer may require a worker to work on his weekly day of rest provided that he is granted an additional sum equivalent to 150 per cent of his normal wage or a compensatory rest day. In its previous comments, the Committee drew the Government’s attention to the provisions of Article 5, which require that, as far as possible, compensatory periods of rest be granted. The Committee reminds the Government that such periods of rest are to be granted independently of any monetary compensation. It therefore requests that the Government indicate the measures taken or envisaged to give full effect to this Article.

Furthermore, the Committee notes that, under section 80 of the revised Labour Code, no worker is to be employed on his weekly day of rest on more than two consecutive occasions unless he gives his consent. The Committee requests that the Government provide further explanations regarding the practical application of this provision so as to avoid any situation that would run counter to the spirit in which the Convention was drawn up. In this regard, it reminds the Government that weekly rest periods must be considered as an elementary guarantee for safeguarding the health and well-being of workers and for protecting them from any risk of abuse.

Article 7. The Committee notes that, under article 101 of the Labour Code, any establishment employing ten or more workers is required to post, in a prominent place within its premises, copies of the work regulations and the regulations pertaining to disciplinary measures and their application. It is the Committee’s understanding that the posting of notices within the work premises detailing the organization of weekly rest forms part of the mandatory posting of work regulations and invites the Government to provide specimen copies of the notices and rosters specified in virtue of this Article of the Convention.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government, including Regulation No. 604 respecting, among other matters, the rules governing weekly rest in the public service. Although it is explicitly provided in Regulation No. 604 that compensatory rest shall be granted where work has to be carried out on an official weekly rest day, the Committee nevertheless notes that section 80 of Legislative Decree No. 14 of 1993, amending the Law respecting labour in the private sector, provides for the possibility of paying remuneration at a rate of 150 per cent of the normal wage in place of such rest. The Committee wishes to draw the Government’s attention to the provisions of Article 5 of the Convention, under the terms of which compensatory periods of rest shall be granted for any suspension or diminution of the weekly period of rest. The Committee requests the Government to indicate the measures which have been taken or are envisaged to give full effect to this Article of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information provided by the Government in reply to its previous direct request and in particular on the weekly rest regime applicable to the public service. As in its previous direct request, the Committee invites the Government to communicate, in conformity with Article 6 of the Convention and in so far as possible, a list of the exceptions to the provisions of Article 2 authorized in accordance with Articles 3 and 4.

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

The Committee notes the Government's last report and the general information provided in respect of the application of Articles 2, 3, 4, 5, 6 and 7 of the Convention. The Committee would be grateful if the Government would provide full and detailed information in response to points III to IV of the report form in its next report. Moreover, the Government is requested to provide further information on the following points.

Article 6 of the Convention. Please communicate, where necessary, a list of exceptions made in accordance with Article 4 of the Convention.

Article 7. Please provide specimen copies of the notices and rosters specified in virtue of this Article.