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Weekly Rest (Industry) Convention, 1921 (No. 14) - Côte d'Ivoire (Ratification: 1960)

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

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, Committee considers it appropriate to examine Conventions Nos 14 (weekly rest (industry)) and 171 (night work) together.

Articles 1 and 2(1) of Convention No. 14 and Article 2(2) of Convention No. 171. Scope of application. The Committee notes that, in accordance with section 2 of the Labour Code, the provisions of the Code are not applicable to persons appointed to a permanent post in a public administration, and the Code is not appliable to workers employed in the service of the State or legal persons governed by public law who have a special status, within the limits of that status and the general principles of administrative law. The Committee requests the Government to indicate whether any public employees work in industrial undertakings covered by the Convention and, if so, to specify the weekly rest regime applicable to them. It also requests the Government to indicate the night work regime applied in the public service and to provide a copy of any text regulating night work for this category of workers.

Weekly rest.

Article 4 of Convention No. 14. Total or partial exceptions. The Committee takes note of paragraph 2 of section 24.1 of the Labour Code, which provides that the procedures for the application of this section shall be determined by regulation, in particular regarding the occupations for which and the conditions under which rest may exceptionally and for clearly established reasons either be given in rotation or collectively on days other than Sunday or be suspended to compensate for certain ritual or local holidays. In this respect, the Committee notes the Government’s indication in its report that a regulatory text on the application of weekly rest is currently under consideration. Accordingly, the Committee requests the Government to provide information on the progress made in adopting the above-mentioned regulation and, if possible, to provide a copy.

Article 5. Compensatory rest.Noting that there appears to be no provision in the Labour Code for compensatory rest in the event of work during the weekly rest period,the Committee requests the Government to provide information on any measures taken or envisaged to establish, where possible, provisions for rest periods to compensate for suspensions or reductions in the weekly rest period, as required under this Article of the Convention.

Night work.

Article 1(a) of Convention No. 171. Definition of night work. The Committee notes that section 2 of Decree No. 96-204 of 7 March 1996 on night work provides that agreements concluded between employers’ and workers’ organizations or between employers and workers in an enterprise or establishment may set starting and ending times for night work that differ from the times provided for in Article 1 (between 9 p.m. and 5 a.m.) in order to take into account the practices and customs of certain industries or professions. The Committee requests the Government to indicate whether such collective agreements have been concluded under section 2 of this Decree and, if so, to provide a copy.

Article 4. Health assessment. The Committee notes that section 11 of Decree No. 96-204 of 7 March 1996 on night work provides that night workers shall undergo a health assessment at least twice a year in order to ascertain their suitability for the position they hold. The Committee requests the Government to: (i) indicate whether the health assessments of night workers provided for in the Decree are carried out at no cost to the worker; and (ii) provide information on the measures in place to ensure the confidentiality of the content and results of the assessments.

Article 7. Maternity protection. Further to its previous comment on the prohibition of night work for pregnant women under section 22.2 of the Labour Code, the Committee notes the Government's indication in its report that the question of how to strengthen the protection of pregnant women without undermining the principle of equal opportunity and treatment with regard to access to night work will be the subject of consultation with the social partners with a view to the adoption of a regulatory act. The Committee requests the Government to provide information on the consultation process that will be initiated and, if possible, on its outcome. In the absence of information on the application in practice of sections 22.2 and 23.6 to 23.8 of the Labour Code, the Committee once again requests the Government to provide information in this respect.

Furthermore, the Committee notes that the Government has not provided information on its previous comment concerning the last paragraph of section 23.7 of the Labour Code, which provides for the possibility for the employer to terminate the contract of a pregnant woman in the event of a disagreement regarding a possible temporary transfer. In this context, the Committee requests the Government to indicate the measures taken or envisaged to ensure that, during the periods referred to in Article 7(1), women workers may not be dismissed or given notice of dismissal unless there are just reasons unrelated to pregnancy or childbirth, as required by Article 7(3)(a) of the Convention.

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

Articles 4 and 5 of the Convention. Total or partial exceptions and compensatory rest. In its previous comments, noting the Government’s statement that, in practice, any employees deprived of their weekly rest receive compensatory rest during the week, fixed in agreement with the employer, the Committee drew the Government’s attention to the risk of abuse arising from the difficulty of ensuring, in the absence of any legal or regulatory framework, that the employees’ interests are duly taken into account when compensatory rest periods are fixed. In its reply, the Government indicates that no measures have as yet been taken or envisaged to enshrine the compensatory rest practice in law, but specifies that employees are able to report any instances of abuse to the labour inspectorate. The Committee is bound to point out in this connection that any exception, whether total or partial, to the basic principle of 24 hours of weekly rest must meet the requirements set in the Convention, and, in particular, must enable anyone required to work on the day of weekly rest to be provided, as far as possible, with compensatory periods of rest. The Committee accordingly expresses the hope that the Government will take all necessary measures without delay to ensure that the national legislation gives full effect to the requirements of Articles 4 and 5 of the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Articles 4 and 5 of the Convention. Total or partial exceptions and compensatory rest. The Committee notes the Government’s indications that the regulatory texts, including Decree No. 96-203 of 7 March 1996 implementing Act No. 95/15 of 12 January 1995 establishing the Labour Code, are only adopted by the competent authority after consultation of the Labour Advisory Committee, which is composed of equal numbers of employer and worker representatives.

Moreover, the Government indicates in its report that, in practice, any employee deprived of his weekly rest receives compensatory rest during the week, fixed in agreement with his/her employer in accordance with their respective interests. Further to its previous comment, the Committee notes the absence of legal or regulatory provisions providing for compensatory rest for employees whose weekly rest is suspended or reduced. Given that the employment relationship is characterized by workers’ subordination to their employer, the Committee again draws the Government’s attention to the risk of abuses arising from the difficulty of ensuring, outside any legal or regulatory framework, that the interests of the employee are duly taken into account when compensatory rest periods are determined. The Committee therefore again requests the Government to indicate the measures taken or contemplated to ensure that the national legislation is the basis in practice on which compensatory rest is determined.

Article 6. List of exceptions. The Committee requests the Government to indicate whether other regulations providing for exceptions with respect to weekly rest have been adopted pursuant to section 24.1 of the Labour Code and, if so, to send a copy of them to the Office.

Part V of the report form. Application in practice. The Committee notes that, since the ratification of the Convention in 1960, the Government has not provided any information on its application in practice. The Committee requests the Government to provide a general appraisal of the manner in which the Convention is applied in practice, including, for example, extracts from the reports of the inspection services and details of the number of workers protected by the legislation, the number and nature of reported infringements, and the corrective measures taken. Finally, the Committee again requests the Government to consider the possibility of ratifying the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), especially as the general labour legislation makes no distinction between industry and commerce, and to keep the Office informed of any decisions taken or contemplated in this respect.

Finally, the Committee draws the Government’s attention to the conclusions of the ILO Tripartite Meeting of Experts on Working Time Arrangements, held in October 2011, according to which the provisions of existing ILO standards relating to daily and weekly hours of work, weekly rest, paid annual leave, part-time and night work, remain relevant in the twenty-first century, and should be promoted in order to facilitate decent work. The Experts also emphasized the importance of working time, its regulation, and organization and management, to: (a) workers and their health and well-being, including opportunities for balancing working and non-work time; (b) the productivity and competitiveness of enterprises; and (c) effective responses to economic and labour market crises.

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

Articles 4 and 5 of the Convention. Total or partial exceptions and compensatory rest. The Committee recalls its previous comment in which it noted that section 10 of Decree No. 96-203 of 7 March 1996 on working time and section 24.1 of the Labour Code appear to authorize total or partial exceptions pursuant to Article 4 of the Convention without the Decree providing for consultation with responsible associations of employers and workers, as required by Article 4. The Committee wishes to remind the Government that such consultations are required to determine the cases in which exceptions may be granted. The Committee also recalls that Article 5 of the Convention provides that compensatory rest should be granted as far as possible wherever the weekly rest period is suspended or diminished. The Committee draws the Government’s attention to the importance of compensatory rest for the protection of the health and well‑being of workers and to the risk of abuses owing to the difficulty of ensuring the genuinely voluntary nature of the workers’ decision to work during their weekly rest day. The Committee therefore requests the Government to supply information on the measures taken or envisaged to ensure: (i) that total or partial exceptions are granted having special regard to all proper humanitarian and economic considerations and after consultation with responsible associations of employers and workers; and (ii) that any persons who are obliged to work on their weekly rest day are granted compensatory periods of rest.

Part V of the report form. Application in practice. The Committee requests the Government to give a general description of the manner in which the Convention is applied in practice, including, for example, extracts from reports of the inspection services indicating the number of infringements reported with regard to weekly rest, the number of workers covered by the relevant legislation, copies of relevant collective agreements, etc.

Finally, the Committee takes this opportunity to recall that, on the basis of the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body 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 therefore invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or contemplated in this respect.

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

The Committee notes Act No. 95/15 of 12 January 1995 issuing the Labour Code, and Decree No. 96-203 of 7 March 1996 on working time.

Article 4 of the Convention. Section 24.1(2) of Act No. 95/15 of 12 January 1995 issuing the Labour Code provides that, in certain conditions, special systems of weekly rest and Sunday rest may be established by regulations. However this makes no reference to consultation with responsible associations of employers and workers. The Committee notes that, according to the Government, no recourse to Article 4 of the Convention has been observed and that, in the event of any situation requiring such recourse, the Consultative Labour Committee will be so informed in order that the social partners may decide how to proceed.

The Committee nevertheless notes that Decree No. 96-203 of 7 March 1996 on working time seems to allow total or partial exceptions pursuant to Article 4, such as section 10 for continuous shift work, without providing for consultations.

The Committee requests the Government to indicate whether other regulations have been adopted pursuant to section 24.1(2) of Act No. 95/15 of 12 January 1995 issuing the Labour Code and, if so, to provide a copy of them together with a list of the exceptions, in accordance with Article 6 of the Convention. The Committee also asks the Government to report on measures taken to ensure that the Convention is fully applied and to provide information on the procedures for ensuring consultation with responsible associations of employers and workers in this context.

Article 5. The Committee requests the Government to provide specific information on the provisions establishing compensatory periods of rest for the suspensions or diminutions made in virtue of Article 4.