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 bound to draw the Government’s attention once again to the following points.

Article 1, paragraph 1(d), of the Convention. Scope of application – workers in the transport sector. The Committee notes that the Government’s report does not contain any information concerning the comprehensive study that it proposed to undertake with a view to the adoption of a directive by the Minister of Labour under section 72(2) of Labour Proclamation No. 377 of 2003, with a view to providing for the special application of the weekly rest provisions to workers directly engaged in the carriage of passengers and goods. The Committee once again requests the Government to keep the Office informed of any developments in this respect and to provide a copy of any new legal text that might be adopted on this matter.

Article 2, paragraph 1, and Articles 4 and 5. Exemption of persons holding managerial positions. The Committee notes the adoption of Proclamation No. 494/2006, amending section 3(2)(c) of the Labour Proclamation No. 377/2003, which continues to exclude persons holding managerial positions from the scope of the Proclamation, and accordingly from the provisions respecting weekly rest. While noting the Government’s previous indications that in practice the weekly rest period is granted to those holding managerial positions in the same way as to other workers, the Committee recalls that this entitlement should be guaranteed by a legislative provision. The Committee therefore once again requests the Government to take the necessary measures to give effect to Article 2(1) of the Convention, in relation to the persons concerned, in both law and practice.

Article 7, paragraphs (a) and (b). Posting of notices. In the absence of information on this point, the Committee once again requests the Government to indicate the measures adopted or envisaged concerning the obligation of employers to notify workers of days and hours of rest by means of notices or rosters, in accordance with this Article of the Convention.

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

The Committee notes the Government’s response to its previous comments. It also notes the enactment of Labour Proclamation No. 377 of 2003, although regretfully, it contains no new provisions in response to the matters raised in its previous comments. The Committee again urges the Government to bring its national legislation into full conformity with the Convention.

Article 1, paragraph 1(d), of the Convention. Exemptions for workers in the transport sector. Section 72(2) of the new Labour Proclamation continues to allow the Minister to issue directives determining special application of the provisions of the weekly rest to workers who are directly engaged in the carriage of passengers and goods. The Committee notes the Government’s statement that at the moment, no directive has been issued by the Minister and therefore the weekly rest provisions contained in the Proclamation apply equally to these workers. It also notes the Government’s intention to undertake a comprehensive study to formulate a new directive for these workers. The Committee requests the Government to keep it informed of any changes and, upon the adoption of a new directive, to provide and indicate how the provisions contained in the present Convention are applied in full.

Article 2, paragraph 1, and Articles 4 and 5. Exemptions of persons holding managerial positions. Section 3(2)(c) continues to exclude those holding managerial positions from the scope of the Proclamation. The Government states in its report that these categories of workers are provided with a weekly rest as each enterprise adopts management regulations in which the matter is addressed or contractual agreements incorporate the weekly rest period. The Government further states that in practice the weekly rest is granted to all managers in the same manner as other workers and therefore there is no need to amend the Proclamation. The Committee draws the Government’s attention once again to the fact that persons holding managerial positions have the right to a weekly rest of 24 consecutive hours and this should be guaranteed by a legislative provision. If work needs to be carried out on the day of the weekly rest, this should be done in accordance with Article 4 of the Convention, and compensatory periods of rest must be provided (Article 5). The Committee urges the Government to amend its legislation in order to ensure that a right to weekly rest is provided in law for those in managerial positions, bringing the provisions in line with the Convention.

Article 7(a) and (b). Posting of notices. The Committee once again requests the Government to provide, in its legislation or otherwise, the obligation of employers to make known collective rest to workers by means of notices posted at the workplace; for workers subject to a special system of rest to make known the days of rest by means of rosters, in order to give full effect to Article 7(b) of the Convention.

The Government is also requested to provide information under Part V of the report form.

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

The Committee notes with regret that the information provided by the Government contains no new elements in respect of the matters raised in its previous comments over a number of years. It urges the Government to envisage amending its legislation so as to bring it into full conformity with the Convention in line with the following remarks.

Article 1, paragraph 1(d), of the Convention. The Committee requests the Government to ensure by its legislation, administrative regulations or other measures that the application of the Convention is guaranteed in the establishments of the transport sector, as defined under section 72(2) of the Labour Proclamation No. 42 of 1993.

Article 2, paragraph 1, and Articles 4 and 5. The Committee reiterates that despite the prevailing national practice of granting weekly rest to persons holding managerial positions, in accordance with the management regulations of each enterprise, it still remains necessary to amend any legislation which contravenes this practice. The Labour Proclamation, therefore, needs to be amended in a manner that it no longer excludes managerial staff from its scope and, as a consequence, from its provisions on weekly rest. The Committee asks the Government to take the appropriate steps to ensure that for the persons concerned effect is given to Article 2, paragraph 1, by law or at least without any legal restrictions to the prevailing practice. If the Government considers the exemption of this category of persons from the scope of the Labour Proclamation as an exception made in virtue of Article 4, the Committee requests the Government to make provision for compensatory periods of rest for any suspensions and diminutions made, in conformity with Article 5.

Article 7(a) and (b). The purpose of this Article is to facilitate the proper administration of weekly rest arrangements, thus complementing the supervision by labour inspection. The Committee requests the Government to provide in its legislation or otherwise the obligation of employers to make known collective rest to workers by means of notices posted at the workplace and workers subject to a special system of rest by means of rosters, in order to give full effect to the Convention in this respect.

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

The Committee notes the Government’s statement in response to the Committee’s previous comments to the effect that there have been no changes in law or practice applying this Convention since the last report. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

  Article 2, paragraph 1, and Article 5 of the Convention. The Committee had previously recalled that under Article 2 of the Convention, the whole of the staff employed in any industrial undertaking, public or private, shall enjoy in every period of seven days a period of rest comprising at least 24 consecutive hours. The Committee had noted that section 3, paragraph 2(c), of the Labour Proclamation No. 42 of 1993 excludes all persons who hold managerial posts or who are engaged in major managerial functions in an enterprise from its scope of application. The Government indicates that granting weekly rest to this category of persons is a privilege resulting from tradition and prevailing practice. The Committee requests the Government to indicate, where necessary, the measures taken or envisaged to bring its legislation into conformity with the national practice as well as the provisions of Article 2, paragraph 1. Moreover, since the Government would consider that the exemption of this category of persons from the scope of Proclamation No. 42 gives effect to Article 4, the Committee requests the Government to transmit, in conformity with Article 5, more detailed information in respect of the prevailing customs in matters of compensatory periods of rest provided for suspensions or diminutions made.

  Article 7 (a). The Government is requested to provide examples of notices and rosters provided for under this Article.

With reference to Article 1, paragraph 1(d), and Article 4 of the Convention, the Committee further requests the Government to provide any directives of the competent Minister determining the special application of the provisions of the Labour Proclamation No. 42 of 1993 on weekly rest to workers who are engaged in the transport of passengers and goods. Please also supply any collective agreements concluded to this effect.

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

The Committee notes the Government's response to its previous comments and requests the Government to provide additional information in respect of the following points.

Article 2, paragraph 1 and Article 5 of the Convention. The Committee had previously recalled that under Article 2 of the Convention, the whole of the staff employed in any industrial undertaking, public or private, shall enjoy in every period of seven days a period of rest comprising at least 24 consecutive hours. The Committee had noted that section 3, paragraph 2(c) of the Labour Proclamation No. 42 of 1993 excludes all persons who hold managerial posts or who are engaged in major managerial functions in an enterprise from its scope of application. The Government indicates that granting weekly rest to this category of persons is a privilege resulting from tradition and prevailing practice. The Committee requests the Government to indicate, where necessary, the measures taken or envisaged to bring its legislation into conformity with the national practice as well as the provisions of Article 2, paragraph 1. Moreover, since the Government would consider that the exemption of this category of persons from the scope of Proclamation No. 42 gives effect to Article 4, the Committee requests the Government to transmit, in conformity with Article 5, more detailed information in respect of the prevailing customs in matters of compensatory periods of rest provided for suspensions or diminutions made.

Article 7(a). The Government is requested to provide examples of notices and rosters provided for under this Article.

Points III and V of the report form. The Government is requested to provide all available and relevant information in respect of the practical application of the Convention.

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

The Committee notes the Government's report, which does not reply to the Committee's comments made in 1993. The Committee must therefore repeat its previous request to the Government to provide detailed information, in its next report, on the following points:

1. Article 2, paragraph 1, and Article 5. The Committee notes that, by virtue of section 3(2)(c) of the Labour Proclamation No. 42 of 1993, persons holding managerial posts or directly engaged in major managerial functions are not covered in the scope of the application of the Proclamation. It would recall that Article 2 of the Convention provides that the whole of the staff employed in industrial undertakings should enjoy in every period of seven days a period of rest comprising at least 24 consecutive hours. The Government is requested to indicate any measures taken or envisaged to ensure that managers in industrial undertakings also have the right to a weekly rest of at least 24 hours. To the extent that managers in industrial undertakings are exempted from the regular weekly rest provisions by virtue of Article 4 of the Convention, the Government is requested to indicate any measures taken to provide, as far as possible, for compensatory periods of rest for this category of workers.

Article 7(a) of the Convention. The Government is requested to indicate, in its next report, any measures taken to ensure that weekly rest days are made known to workers by means of notices posted at the workplace or by other means to be determined by the Government. The Government is also requested to provide specimen copies of any such notices.

Points III and V of the report form. Please include with future reports available information on the practical application of the Convention.

The Government is asked to report in detail in 1996.

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

The Committee notes with interest the information provided in the Government's first report and the adoption of the Labour Proclamation No. 42 of 1993. The Government is requested to provide additional information, in its next report, on the following points:

1. Article 2, paragraph 1, and Article 5. The Committee notes that, by virtue of section 3(2)(c) of the Labour Proclamation No. 42 of 1993, persons holding managerial posts or directly engaged in major managerial functions are not covered in the scope of the application of the Proclamation. It would recall that Article 2 of the Convention provides that the whole of the staff employed in industrial undertakings should enjoy in every period of seven days a period of rest comprising at least 24 consecutive hours. The Government is requested to indicate any measures taken or envisaged to ensure that managers in industrial undertakings also have the right to a weekly rest of at least 24 hours. To the extent that managers in industrial undertakings are exempted from the regular weekly rest provisions by virtue of Article 4 of the Convention, the Government is requested to indicate any measures taken to provide, as far as possible, for compensatory periods of rest for this category of workers.

Article 7(a) of the Convention. The Government is requested to indicate, in its next report, any measures taken to ensure that weekly rest days are made known to workers by means of notices posted at the workplace or by other means to be determined by the Government. The Government is also requested to provide specimen copies of any such notices.

Points III and V of the report form. Please include with future reports available information on the practical application of the Convention.