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Weekly Rest (Industry) Convention, 1921 (No. 14) - Botswana (Ratification: 1988)

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

Article 2(2) and (3) of the Convention. Weekly rest day. In its previous comment, the Committee drew attention to common section 5 of three Wages Regulation Orders concerning construction, manufacturing and road transport which stipulates that it is at the employer’s discretion to determine when the weekly rest period shall be given to his employees, and thus is at variance with section 93(1) of the Employment Act (CAP 47:01) which provides that the weekly rest period shall ordinarily be or include a Sunday. In its latest report, the Government indicates that it is not often possible for employers to grant weekly rest simultaneously to their staff and, in any event, section 5 of the Wages Regulation Orders ensures that employees are notified sufficiently in advance of the weekly rest schedule. The Committee notes that the non-observance of the provision of section 93(3) regarding Sunday rest by the three abovementioned wages orders contravenes Article 2 of the Convention which requires that the weekly rest be granted: (i) as far as possible, simultaneously to all the staff of an undertaking; and (ii) on a day that coincides as far as possible with the rest day established by traditions or customs of the country or district subject to the exception possibilities provided for in Articles 4 and following. The aim is not merely to ensure that employees are kept informed of the weekly rest scheme applicable to them, but much more importantly, to enable them to draw full benefit of the weekly break in terms of family and social life by taking it simultaneously. Noting the Government’s intention to bring this question to the attention of the Labour Advisory Board, the Committee requests the Government to indicate in its next report any further developments on this matter.

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee notes that, under section 94 of the Employment Act (CAP 47:01), an employee who works during a rest period, either by agreement with the employer or on being required to do so under section 95 (e.g. in the case of accident, urgent work, work essential for community or defence) shall be paid at least double the wages he would have been paid had the period been an ordinary working period, or at his option be granted a day off in lieu thereof. In this regard, the Committee recalls that Article 5 of the Convention requires that compensatory rest should be granted, as far as possible, whenever workers are obliged to perform work on their weekly rest day. The Committee also recalls that similar provisions are incorporated in Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Government is strongly encouraged to ratify. The Committee accordingly requests the Government to consider the possibility of regulating any permanent or temporary exceptions to the weekly rest system applicable to industrial undertakings in a manner that gives full effect to the requirements of these Articles of the Convention.

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

Article 2, paragraphs 2 and 3, of the Convention. Day of weekly rest. The Committee notes that under section 94(1) of the Employment (Amendment) Act, 1992, every employee must be granted by the employer, in every period of seven consecutive days, a rest period comprising at least 24 consecutive hours, and this period must ordinarily be or include a Sunday. The Committee also notes, however, that under common section 5 of the Regulation of Wages (Building Construction, Exploration and Quarrying Industries) Order, the Regulation of Wages (Manufacturing, Service and Repair Trades) Order, and the Regulation of Wages (Garage, Motor Trade and Road Transport) Order, an employee is entitled to a rest period of not less than 24 consecutive hours in the course of each week, at the employer’s discretion to determine when this period is to be taken, provided that the employee is notified at least seven days before the proposed rest period. Noting the apparent discrepancy between the two provisions, the Committee would appreciate receiving additional explanations on this point.

In this regard, the Committee wishes to recall that in accordance with Article 2 of the Convention, the period of rest must, wherever possible, be granted simultaneously to the whole of the staff of each undertaking, and be fixed so as to coincide with the days already established by the traditions or customs of the country. In fact, the Convention is articulated around three main principles, that is continuity (a period of rest comprising at least 24 consecutive hours), regularity (weekly rest to be enjoyed in every period of seven days), and uniformity (weekly rest to be granted as far as possible simultaneously to the whole of the staff). The Committee accordingly requests the Government to indicate how the Employment Act Regulations that provide for a weekly rest period to be granted at the employer’s discretion may be deemed to give effect to the requirements of this Article of the Convention.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would supply general information on the application of the Convention in practice, including for instance extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, copies of relevant collective agreements, 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 they continued 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 decision taken or envisaged in this respect.

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

The Committee notes with interest the information provided in the Government's last report and the adoption of the Employment (Amendment) Act, 1992 (No. 26 of 1992). It would be grateful if the Government would in the near future supply a copy of the regulations made under the Employment (Amendment) Act, 1992.