Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (1990)

With reference to its previous comments on the application of the Convention, the Committee notes the information supplied by the Government in its last reports. It notes in particular the adoption of the Act of 17 March 1987 respecting the introduction of new work rules in enterprises. This Act authorises exemptions from daily and weekly limits of working hours without having daily working hours exceeding 12 hours and on condition that the average working hours are respected over an agreed period, that may be a maximum of one year.

The Committee examines this supplementary exemption in relation to that set out under Article 5 of the Convention and notes that the possibility of resorting to this exemption concerns exceptional cases in which the limits on normal working hours would be recognised as inapplicable. This concerns, in particular, branches of activity in which the nature of the work, technical reasons or seasonal variations and pressure of work require an irregular distribution of working time. The Committee therefore considers that the Act of 17 March 1987, by admitting in general and in all sectors of activity, exceptions to normal working hours, is not in conformity with the Convention.

The Committee also points out that the extension of daily working hours up to 12 hours is contrary to the provisions of Article 2(b), which permits, under certain circumstances, the limit of eight hours set out by the Convention to be exceeded by one hour, and Article 6 which permits recourse to additional hours only in determined circumstances and within precise limits.

The Committee therefore requests the Government to take the necessary measures to ensure that the exceptions that are authorised to normal working hours remain in conformity with the provisions of the Convention.