Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

The Committee notes with regret that the Government’s report does not contain any information in reply to its previous comments and is confined to indicating that there have been no changes in law or practice affecting the application of the Convention. The Committee is therefore once again bound to draw the Government’s attention to the following points.

Article 3 of the Convention. Scope of application – establishments, institutions and administrative services providing personal services. The Committee notes the adoption of Labour Proclamation No. 377/2003 repealing Labour Proclamation No. 42/1993. Further to its previous comments, the Committee notes that the regulations governing conditions of work applicable to personal services, envisaged in section 3(3)(c) of Proclamation No. 377/2003, have still not been issued by the Council of Ministers. The Committee once again requests the Government to take the necessary measures for the adoption of these regulations and to keep the Office informed of any progress achieved in this respect.

Post and telecommunications services, newspaper undertakings, theatres and places of public entertainment. The Committee notes that section 70(1) and (2) of Labour Proclamation No. 377/2003 provides for the establishment of special schemes for activities that are similar or identical to those referred to in Article 3(1)(b)–(d) of the Convention, thereby ensuring the application of the Convention in establishments engaged in these activities. It recalls that, under the terms of Article 3(2) of the Convention, the Government may, at any time, communicate to the Director-General of the International Labour Office a declaration accepting the obligations of the Convention in respect of post and telecommunications services, newspaper undertakings and theatres and places of public entertainment. The Committee once again invites the Government to communicate such a declaration to the Office.

Commercial representatives. The Committee notes that section 72(1) of Labour Proclamation No. 377/2003 excludes commercial representatives from the scope of application of the provisions respecting the weekly rest period. The Committee requests the Government to indicate the manner in which the weekly rest period of the workers concerned is ensured.

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

Referring to its previous comments, the Committee notes with regret that the Government has merely repeated the arguments put forward in its previous reports. It again requests the Government to translate the following considerations into action.

Article 3, paragraph 1(a), of the Convention. The Government has been indicating since 1994 that regulations governing conditions of work applicable to personal services shall be issued by the Council of Ministers. The Committee again asks the Government to undertake the necessary action and expresses the hope that the next report will contain information on the proper application of the above provision of the Convention to the persons concerned.

Article 3, paragraph 1(b) to (d). Section 70(1) and (2) of the Labour Proclamation No. 42/1993 provides for weekly rest schemes related to activities which are identical or similar to those enumerated under Article 3, paragraph 1(b) to (d). Thus, existing legislation and collective agreements appear to ensure the application of the Convention to post and telecommunication services, newspaper undertakings and theatres and places of public entertainment. A declaration addressed to the Office, formally accepting the obligations of the Convention with regard to these establishments, would be an appropriate means to extend the application of the Convention to these groups of workers, without creating any further obligations to the Government than the ones already existing under the national legislation. It appears from the Government’s report, however, that it is under the impression that a declaration extending the application of the Convention to such persons could only be made by the Government at the time of ratification of the Convention.

Therefore, the Committee would like to point out, that under Article 3, paragraph 2, of the Convention, a government may communicate to the Director-General of the International Labour Office at any time after ratification, a declaration accepting the obligation of the Convention in respect of post and telecommunication services, newspaper undertakings and theatres and places of public entertainment. In view of the coherence between the national legislation and the Convention, the Committee again invites the Government to communicate such a declaration to the Office.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information in the Government’s report. It requests additional information on the following points.

Article 3. Referring to its previous comments, the Committee notes that no progress has been achieved in respect of the regulations to be issued by the Council of Ministers under section 3, paragraph 3(c), of Labour Proclamation No. 42/1993 on the conditions of work applicable to personal services. It trusts that the Government will be in the position in the near future to take the measures necessary to apply the Convention to establishments, institutions and administrative services providing personal services. Please keep the Office informed on the developments in this respect and provide a copy of the relevant text when it becomes available.

The Committee recalls that existing legislation and collective agreements appear to ensure the application of the Convention to post and telecommunication services, newspaper undertakings and theatres and places of public entertainment. It again invites the Government to communicate a declaration to the Office formally accepting the obligations of the Convention with regard to these establishments, in accordance with Article 3, paragraph 2.

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

With reference to its previous comments, the Committee notes the information in the Government's latest report. It requests the Government to provide additional information, in its next report, on the following points:

Article 3 of the Convention. The Committee notes from the Government's report that the effort continues to issue regulations under section 3(3)(c) of the Labour Proclamation No. 42/1993, on the conditions of work applicable to personal services. The Committee would be grateful if the Government would continue to supply information on the progress achieved in this respect and to indicate the extent to which effect is given or proposed to be given to the Convention in establishments, institutions and administrative services providing personal services. It also requests the Government to provide copies of any relevant regulations issued by the Council of Ministers under section 3(3)(c) of the Labour Proclamation.

The Committee would also like to again invite the Government to communicate a declaration to the Office, in accordance with paragraph 2 of this Article, accepting the obligations of the Convention with respect to post and telecommunications services, newspaper undertakings, and theatres and places of public entertainment.

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

The Committee notes with interest the information provided by the Government in its first report. It requests the Government to provide further clarification, in its next report, on the following points:

Article 1 of the Convention. The Committee notes that section 5 of the Proclamation No. 43/1993 concerning the Determination of Working Days and Hours of Government Offices provides that the working hours of public enterprises are to be fixed by collective agreements or rules of employment in accordance with the appropriate law. It appears that the Labour Proclamation No. 42/1993 applies to public enterprises as they are not listed among the exceptions in section 3(2). Since the Convention applies to establishments, institutions and administrative services, whether public or private, in which the persons employed are mainly engaged in office work, the Government is requested to confirm that public enterprises are covered by the Labour Proclamation No. 42 and that any collective agreements made under Proclamation No. 43 must conform with the provisions concerning weekly rest set out in Part IV, Chapter II of the Labour Proclamation.

Article 3. The Committee notes from the Government's report that existing legislation and collective agreements ensure the application of the Convention to post and telecommunications services, newspaper undertakings, and theatres and places of public entertainment. The Government is, therefore, invited to communicate a declaration to the Office accepting the obligations of the Convention with respect to these establishments, in accordance with paragraph 2 of this Article.

The Committee further notes that section 3(3)(c) of the Labour Proclamation No. 42/1993 provides that the Council of Ministers shall issue regulations governing conditions of work applicable to personal services. The Government is requested to indicate, in future reports, the extent to which effect is given or proposed to be given to the Convention in establishments, institutions and administrative services providing personal services and to supply copies of any relevant regulations issued by the Council of Ministers under section 3(3)(c) of the Labour Proclamation.

Article 6, paragraph 4. The Government is requested to indicate the manner in which the traditions and customs of religious minorities have been been respected, as far as possible, in the determination of weekly rest measures.