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

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

The Committee notes with interest the adoption of the Labour Act, 2006 (Act No. XLII of 2006), which repeals the Factories Act, 1965 (Act No. IV of 1965) that previously gave effect to the provisions of the Convention.

Article 2, paragraphs 2 and 3, of the Convention. Weekly rest day. The Committee notes that under section 114(2) of the Labour Act, 2006, the one-and-a-half days on which establishments must remain closed is fixed for each area by the chief inspector who may from time to time reschedule such days for each area in the public interest. The Committee requests the Government to clarify how it is ensured that the weekly rest, wherever possible, is granted simultaneously to the whole of the staff of each undertaking and coincides with the days already established by the traditions or customs, as required by this Article of the Convention. It also asks the Government to specify how the day of weekly rest is fixed for road transport service workers.

Article 4. Total and partial exceptions. The Committee notes that under section 114(5) of the Labour Act, 2006, the normal weekly rest scheme does not apply to (i) docks, wharves or stations and terminal offices of transport services including airports, and (ii) any industry, business or undertaking which supplies power, light or water to the public. It also notes that under section 104 of the Labour Act, where, as a result of the passing of an order or the making of a rule exempting an establishment, or the workers therein, from the provisions of section 103, a worker is deprived of any of the weekly holidays, he/she must be allowed, as soon as circumstances permit, compensatory holidays of equal duration. As the Labour Act does not elaborate on the grounds on which exemption orders and rules may be issued, the Committee requests the Government to specify how it is ensured that all proper humanitarian and economic considerations are taken into account and that consultations are held with responsible associations of employers and workers, as required by this Article of the Convention.

Article 5. Compensatory rest. The Committee notes that persons working on a weekly rest day are granted compensatory rest as soon as circumstances permit. It observes, in this regard, that weekly rest being essential to the worker’s health and well-being, it should be avoided that persons work for long periods without receiving the rest days to which they are entitled. The Committee requests the Government to provide additional explanations in this regard.

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

Please see comments under the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).