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

Further to its previous comments, the Committee notes the information supplied by the Government in its last report, to the effect that no steps have yet been taken to ensure the application of the Convention. The draft Bill to govern conditions of employment and a preliminary draft Order to govern hours of work and the payment of overtime have still not been submitted to the Advisory Labour Committee.

In its previous comments, the Committee pointed out, in connection with Article 6, paragraph 1(b), of the Convention, that section 6, subsection 2, of Order No. 1238 of 23 October 1953 authorises extensions of hours of work for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It asked the Government to consider the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention.

It also observed that, in certain cases (see, in particular, sections 4, subsection 3, and 5, subsection 3, of Order No. 1283) the additional hours worked were not paid at an overtime rate, as provided by Article 6, paragraph 2. It requested the Government to consider the possibility of taking suitable measures to ensure the payment of a supplementary wage of 25 per cent in all cases covered by the provision of the Convention in question, when hours of work exceed those provided for at Article 2.

The Committee also asked the Government to ensure that the employers' and workers' organisations were consulted before the adoption of the regulations mentioned at Article 6.

Lastly, the Government was asked to supply information on the way in which effect is given to paragraph 1(c) (the recording of all additional hours worked) and paragraph 2 (illegality of exceeding the hours of work notified) of Article 8.

The Committee trusts that the above draft Bill and preliminary draft Order will be submitted to the Advisory Labour Committee and adopted, and that they will give full effect to the provisions of the Convention in question.