Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Article 2 of the Convention. Scope of application. Further to its previous comment, the Committee understands that, under section 1(6) of the Labour Code, taken in conjunction with section 31 of Act No. 53/AN/04 of 17 May 2004 issuing the Code on export processing zones, the 24-hour weekly rest period is applicable in export processing zones under the same conditions as for all other categories of workers. The Committee once again requests the Government to specify whether the Labour Code and the principle of weekly rest are applicable without exception in the export processing zones.

Articles 4 and 5. Exceptions to the rules on weekly rest. The Committee notes that the Government is considering a review of arrangements for applying certain clauses of section 97 of the Labour Code to certain professions and determining the conditions under which weekly rest may be transferred to a day other than Friday, subject to an opinion to the National Council for Labour Employment and Vocational Training (CNTEFP). The Committee notes Decree No. 2008-0023/PR/MESN of 8 January 2008 on the structure and functioning of the CNTEFP. It notes that the CNTEFP is a tripartite structure in which the Government and workers’ and employers’ organizations are represented. It also notes that the Council has competence for all issues relating to labour, employment and vocational training and that it should be assigned the task of providing for rest periods to compensate for any suspensions or diminutions which are granted. The Committee notes with interest that the procedure for the appointment of members of the CNTEFP is at a highly advanced stage following the issue of the Decree on its structure and functioning. The Committee hopes that the Government will be in a position to provide the Office in the very near future with a copy of the text of the order establishing arrangements for the application of the weekly rest period to certain professions and determining the conditions under which this may be arranged, taking due account of the provisions of Article 4 of the Convention.

Part V of the report form. Practical application. The Committee would appreciate receiving up to date information on the practical application of the Convention, including, for example, statistics showing the number of workers covered by the relevant legislation, reports of the inspection services, particularly showing the number of infringements reported, penalties imposed, etc.