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Hours of Work (Industry) Convention, 1919 (No. 1) - Equatorial Guinea (Ratification: 1985)

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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, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in industry), 14 (weekly rest in industry) and 30 (hours of rest in commerce and offices) together.

Legislative developments.The Committee notes the adoption of Act No. 4/2021 of 3 December 2021, the General Labour Act (GLA), containing provisions implementing the Conventions. The Committee also notes that the GLA repealed Act No. 10/2012, of 24 December 2012, on the General Labour Ordinance.

Articles 1 and 2 of Convention No. 1, Article 1 of Convention No. 30 and Articles 1 and 2(1) of Convention No. 14. Scope of application. The Committee notes that article 5(1) and (9) of the GLA excludes from its scope of application civil servants governed by special regulations, as well as the activity of persons involved in trade operations for one or more employers, provided that they are personally liable for the successful completion of the operations and accept responsibility for the risk. The Committee also notes that section 77(5)(c) of the GLA provides that the hours of work provided for in 77(1) do not apply to workers performing functions which by their nature are not subject to fixed hours of work. The Committee requests the Government to specify how hours of work and weekly rest are regulated in law and in practice for: (i) civil servants; (ii) persons involved in trade operations for one or more employers; and (iii) personnel performing functions that are not subject to fixed hours of work. The Committee also requests the Government to provide examples of categories of workers whose functions are not subject to fixed hours of work.

Hours of work.

Article 6(a) of Convention No. 1 and Articles 7(1)(a) of Convention No. 30. Permanent exceptions. The Committee notes that under section 77(5)(b) of the GLA, the working hours of workers performing intermittent work shall not exceed 12 hours unless otherwise agreed with the employer. The Committee notes that this provision does not include a specific definition of the categories of workers who perform intermittent work and that the 12 hours of work set by section 77(5)(b) may be extended by agreement between the employer and the worker without specifying a maximum limit of hours of work. The Committee recalls that inherently “intermittent work” should be defined narrowly, as work which is not concerned with production as such and which, by its nature, is interrupted by long periods of inaction, during which the workers concerned have to display neither physical activity nor sustained attention, and remain at their post only to reply to possible calls (2018 General Survey concerning working-time instruments, paragraph 94). The Committee requests the Government to indicate how it ensures that section 77(5)(b) of the GLA applies exclusively to categories of workers whose work is inherently intermittent, that is interrupted by long periods of inaction, and that there is a specific maximum limit of numbers of hours of work.

In addition, the Committee notes that section 77(5)(d) of the GLA sets out that for offshore workers, the maximum duration of hours of work shall be 12 hours, eight of which are statutory and four overtime. Recalling that exceeding the permissible hours of work is allowed in Convention No. 1 (Articles 3 and 6) only under narrow conditions, the Committee requests the Government to indicate under what conditions and to what extent overtime may be imposed on offshore workers.

Article 6(1)(b) of Convention No. 1 and Articles 7(2)(d) of Convention No. 30.Temporary exceptions. Circumstances. Exceptional cases of pressure of work. The Committee notes that section 78(1) of the GLA provides that hours of work may be extended by two hours a day for the purpose of carrying out preparatory or additional work which must necessarily be performed outside normal working hours, or to enable the employer to deal with exceptional cases of pressure of work. It provides also that the scope of such exceptions shall be detailed in a regulation, after consultation with the employers’ and workers’ organizations. The Committee requests the Government to indicate the measures taken or envisaged to adopt regulations specifying the scope of the exceptions for which overtime work is authorized by section 78(1) of the GLA. In that case, the Committee requests the Government to indicate the employers’ and workers’ organizations consulted in the process of developing these regulations.

Weekly rest.

Articles 2 and 4 of Convention No. 14. Principle of weekly rest. Special weekly rest schemes. The Committee notes that section 79(c) of the GLA provides that workers are entitled to a rest day, preferably Sunday, if they have worked for at least six consecutive days. In addition, section 80 of this Act establishes that enterprises shall remain closed on Sundays and that exemptions from this provision concern enterprises or establishments which, for reasons of public interest or for technical reasons, are required to maintain their activity on all or some of these days, in accordance with the decision of the Government subsequent to hearing the occupational organizations, where they exist or according to custom. The Committee requests the Government to provide information on the application of section 80 of the GLA in practice, specifying: (i) the types of establishments and categories of workers included in the special weekly rest schemes authorized under this provision; (ii) the consultations that may take place in this respect with the workers’ and employers’ representatives, where relevant; and (iii) any supplementing legislation that has been adopted within the framework of the above provision.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work in commerce and offices), 14 (weekly rest in industry) and 30 (hours of rest in commerce and offices) together.

The Committee notes with deep concern that the Government’s report, due since 2008, has not been received. In the light of its urgent appeals launched to the Government in 2019 and 2020, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.

Legislative developments. The Committee notes that, according to the information available on the Government’s official website, in October 2021 the full Senate approved the final text of the draft General Labour Act. The Committee requests the Government to provide information on the development of the situation in this regard and to provide a copy of the new General Labour Act, once adopted, as well as any relevant legislative or other information relating to the application of the Conventions.

[The Government is asked to reply in full to the present comments in 2022.]

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee also notes that Act No. 2/1990 on working-time arrangements has been repealed with the entry into force of Act No. 10/2012, dated 24 December 2012 reforming the general labour legislation. In this context, the Committee will examine the new Act in relation to the application of the Conventions at its next session. The Committee therefore firmly hopes to receive the Government’s reports on the application of the Conventions.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee also notes that Act No. 2/1990 on working-time arrangements has been repealed with the entry into force of Act No. 10/2012, dated 24 December 2012 reforming the general labour legislation. In this context, the Committee will examine the new Act in relation to the application of the Conventions at its next session. The Committee therefore firmly hopes to receive the Government’s reports on the application of the Conventions.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

The Committee also notes that Act No. 2/1990 on working-time arrangements has been repealed with the entry into force of Act No. 10/2012, dated 24 December 2012 reforming the general labour legislation. In this context, the Committee will examine the new Act in relation to the application of the Conventions at its next session. The Committee therefore firmly hopes to receive the Government’s reports on the application of the Conventions.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with deep concern that the Government’s reports on the Conventions have not been received.

The Committee also notes that Act No. 2/1990 on working-time arrangements has been repealed with the entry into force of Act No. 10/2012, dated 24 December 2012 reforming the general labour legislation. In this context, the Committee will examine the new Act in relation to the application of the Conventions at its next session. The Committee therefore firmly hopes to receive the Government’s reports on the application of the Conventions.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition
Articles 1 and 2 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (Act No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the national territory. However, under section 4 of the Labour Act, the work of public officials is excluded from its scope of application and covered by special regulations. The Committee requests the Government to indicate whether public industrial establishments are covered by Act No. 2/1990 and, if not, to provide a copy of the regulations on hours of work applicable to them. Furthermore, section 48(4) of the Labour Act provides that the daily and weekly limits on hours of work do not apply to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It is therefore bound to repeat its previous comments.

Repetition
Article 6 of the Convention. Permanent and temporary exceptions. In reply to the comments the Committee has been making since 1994, the Government indicated in its 2004 report that the regulations applying section 49 of Act No. 2/1990 were still being examined with the parties concerned, particularly in the oil sector. The Committee asks the Government to provide information on the progress made in this matter. The Government is also invited to communicate information on the organizations of employers and workers consulted in the preparation of the abovementioned regulations. Furthermore, the Committee urges the Government to provide information on the manner in which effect is given, in practice, to the provisions of section 49 of Act No. 2/1990 on overtime.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 comments.

Repetition
Articles 1 and 2 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (Act No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the national territory. However, under section 4 of the Labour Act, the work of public officials is excluded from its scope of application and covered by special regulations. The Committee requests the Government to indicate whether public industrial establishments are covered by Act No. 2/1990 and, if not, to provide a copy of the regulations on hours of work applicable to them. Furthermore, section 48(4) of the Labour Act provides that the daily and weekly limits on hours of work do not apply to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition
Article 6 of the Convention. Permanent and temporary exceptions. In reply to the comments the Committee has been making since 1994, the Government indicated in its 2004 report that the regulations applying section 49 of Act No. 2/1990 were still being examined with the parties concerned, particularly in the oil sector. The Committee asks the Government to provide information on the progress made in this matter. The Government is also invited to communicate information on the organizations of employers and workers consulted in the preparation of the abovementioned regulations. Furthermore, the Committee urges the Government to provide information on the manner in which effect is given, in practice, to the provisions of section 49 of Act No. 2/1990 on overtime.

The Committee recalls that it raised other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Repetition
Articles 1 and 2 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (Act No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the national territory. However, under section 4 of the Labour Act, the work of public officials is excluded from its scope of application and covered by special regulations. The Committee requests the Government to indicate whether public industrial establishments are covered by Act No. 2/1990 and, if not, to provide a copy of the regulations on hours of work applicable to them. Furthermore, section 48(4) of the Labour Act provides that the daily and weekly limits on hours of work do not apply to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition
Article 6 of the Convention. Permanent and temporary exceptions. In reply to the comments the Committee has been making since 1994, the Government indicated in its 2004 report that the regulations applying section 49 of Act No. 2/1990 were still being examined with the parties concerned, particularly in the oil sector. The Committee asks the Government to provide information on the progress made in this matter. The Government is also invited to communicate information on the organizations of employers and workers consulted in the preparation of the abovementioned regulations. Furthermore, the Committee urges the Government to provide information on the manner in which effect is given, in practice, to the provisions of section 49 of Act No. 2/1990 on overtime.
The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Repetition
Articles 1 and 2 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (Act No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the national territory. However, under section 4 of the Labour Act, the work of public officials is excluded from its scope of application and covered by special regulations. The Committee requests the Government to indicate whether public industrial establishments are covered by Act No. 2/1990 and, if not, to provide a copy of the regulations on hours of work applicable to them. Furthermore, section 48(4) of the Labour Act provides that the daily and weekly limits on hours of work do not apply to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition
Article 6 of the Convention. Permanent and temporary exceptions. In reply to the comments the Committee has been making since 1994, the Government indicated that the regulations applying section 49 of Act No. 2/1990 were still being examined with the parties concerned, particularly in the oil sector. The Committee asks the Government to provide information on the progress made in this matter. The Government is also invited to communicate information on the organizations of employers and workers consulted in the preparation of the abovementioned regulations. Pending the latter’s adoption, the Committee urges the Government to provide information on the manner in which effect is given, in practice, to the provisions of section 49 of Act No. 2/1990 on overtime.
The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Repetition
Articles 1 and 2 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (Act No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the national territory. However, under section 4 of the Labour Act, the work of public officials is excluded from its scope of application and covered by special regulations. The Committee requests the Government to indicate whether public industrial establishments are covered by Act No. 2/1990 and, if not, to provide a copy of the regulations on hours of work applicable to them. Furthermore, section 48(4) of the Labour Act provides that the daily and weekly limits on hours of work do not apply to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition
Article 6 of the Convention. Permanent and temporary exceptions. In reply to the comments the Committee has been making since 1994, the Government indicated that the regulations applying section 49 of Act No. 2/1990 were still being examined with the parties concerned, particularly in the oil sector. The Committee asks the Government to provide information on the progress made in this matter. The Government is also invited to communicate information on the organizations of employers and workers consulted in the preparation of the abovementioned regulations. Pending the latter’s adoption, the Committee urges the Government to provide information on the manner in which effect is given, in practice, to the provisions of section 49 of Act No. 2/1990 on overtime.
The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 6 of the Convention. Permanent and temporary exceptions. In reply to the comments the Committee has been making since 1994, the Government indicated that the regulations applying section 49 of Act No. 2/1990 were still being examined with the parties concerned, particularly in the oil sector. The Committee asks the Government to provide information on the progress made in this matter. The Government is also invited to communicate information on the organizations of employers and workers consulted in the preparation of the abovementioned regulations. Pending the latter’s adoption, the Committee urges the Government to provide information on the manner in which effect is given, in practice, to the provisions of section 49 of Act No. 2/1990 on overtime.

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

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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

Articles 1 and 2 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (Act No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the national territory. However, under section 4 of the Labour Act, the work of public officials is excluded from its scope of application and covered by special regulations. The Committee requests the Government to indicate whether public industrial establishments are covered by Act No. 2/1990 and, if not, to provide a copy of the regulations on hours of work applicable to them. Furthermore, section 48(4) of the Labour Act provides that the daily and weekly limits on hours of work do not apply to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

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

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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:

Articles 1 and 2 of the Convention. The Committee notes that the Labour Act (Act No. 2/1990) applies to all undertakings, enterprises or establishments in the national territory (section 3 of Act No. 2/1990). However, under section 4 of the Act, the work of public officials is excluded from the scope of the Act and covered by special regulations. The Committee requests the Government to indicate whether public industrial establishments are covered by Act No. 2/1990 and, if not, to provide a copy of the regulations on hours of work that apply to them. Furthermore, section 48(4) of Act No. 2/1990 provides that the daily and weekly limits on hours of work do not apply, finally, to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 6 of the Convention. In reply to the comments the Committee has been making since 1994, the Government indicates that the regulations applying section 49 of Act No. 2/1990 are still being examined with the parties concerned, particularly in the oil sector. The Committee asks the Government to provide information on the progress made in this matter. The Government is also invited to communicate information on the organizations of employers and workers consulted in the preparation of the abovementioned regulations. Pending the latter’s adoption, the Committee urges the Government to provide information on the manner in which effect is given, in practice, to the provisions of section 49 of Act No. 2/1990 on overtime.

Part VI of the report form. The Committee requests the Government to supply information on the practical application of the Convention, including extracts of reports of the inspection services and, to the extent possible, statistical information on the number and nature of reported infringements of the rules on hours of work.

The Committee is also addressing a request concerning other points directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Articles 1 and 2 of the Convention. The Labour Act (Act No. 2/1990) applies to all undertakings, enterprises or establishments in the national territory (section 3 of Act No. 2/1990). However, under section 4 of the Act, the work of public officials is excluded from the scope of the Act and covered by special regulations. The Committee requests the Government to indicate whether public industrial establishments are covered by Act No. 2/1990 and, if not, to provide a copy of the regulations on hours of work that apply to them. Furthermore, section 48(4) of Act No. 2/1990 provides that the daily and weekly limits on hours of work do not apply, finally, to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report.

Part VI of the report form. The Committee requests the Government to supply information on the practical application of the Convention, including extracts of reports of the inspection services and, to the extent possible, statistical information on the number and nature of reported infringements of the rules on hours of work.

The Committee is also addressing a request concerning other points directly to the Government.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee would be grateful if the Government would provide the text of the regulations implementing section 49 of Act No. 2/1990, which are to be made after consultation with employers’ and workers’ organizations. It notes in this connection the Government’s statement that Act No. 12/1992 of 1 October 1992, respecting trade unions and collective labour relations, opens up prospects for the formation of workers’ and employers’ organizations which will have a role to play in making regulations and fixing working conditions.

More generally, the Committee asks the Government to provide information on the way in which the Convention is applied, including, for example, extracts of labour inspection reports or statistics, as requested in the report form (Part V).