Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee notes with interest the adoption of Act No. 133/AN/05/5ème L of 28 January 2006 issuing the Labour Code, which provides in section 97(1) for compulsory weekly rest of a minimum duration of 24 consecutive hours. It also notes the observations made by the General Union of Djibouti Workers (UGTD), which were sent to the Office on 23 August 2007. The Committee would be grateful to be provided with further information on the following points.

Article 2 of the Convention. Scope of application. The Committee notes that, under section 1(6) of the Labour Code, the Code is applicable to the whole of the national territory with the exception of “export processing zones”, which are covered by specific legislation. It further notes that under the terms of section 31 of Act No. 53/AN/04 of 17 May 2004, issuing the Code respecting export processing zones, with the exception of the derogations established by the Act, the Labour Code governs labour relations within export processing zones. In this respect, the Committee notes that the Code respecting export processing zones does not contain provisions on weekly rest. The Committee therefore understands that the right to weekly rest of workers employed in export processing zones is governed by the Labour Code. The Committee requests the Government that this is indeed the case.

Article 4. Exceptions from the provisions respecting weekly rest. The Committee notes that section 97(2) of the Labour Code provides that an order shall be issued determining the modalities for the implementation of the first subsection to certain occupations and the conditions for the arrangement of the weekly rest, so as to take a day other than Friday, or by means of individual or collective rotation, or by two half-days or a duration that is in excess of 24 hours. It notes in this respect the comments made by the UGTD concerning the importance of the role of the National Council for Labour, Employment and Vocational Training, a tripartite body, the establishment of which is envisaged by section 276 of the Labour Code, with responsibility, among other matters, for issuing opinions on labour regulation. It notes the indications of the UGTD that this body has not yet been established, which is resulting in a juridical void that it is important to fill very rapidly. The Committee requests the Government to indicate whether an order has been issued under section 97(2) of the Labour Code and, if so, to provide a copy. In this respect, it draws the Government’s attention to the provisions of Article 4 of the Convention, under the terms of which exceptions to the weekly rest period of 24 consecutive hours shall have special regard to all proper humanitarian and economic considerations and be proceeded by consultations with the employers’ and workers’ organizations concerned. The Committee therefore requests the Government to keep it informed of the process of the establishment of the National Council for Labour, Employment and Vocational Training.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services and, if possible, information concerning the number of workers covered by the relevant legislation, the number and nature of the contraventions reported and the measures adopted to bring an end to them, etc.