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

The Committee takes note of the information supplied by the Government, concerning the application of Article 8 of the Convention.

It also notes that the Government reiterates its intention to take account of the Committee's previous comments in the current preparation of the texts to implement the Labour Code. In its comments, the Committee pointed out that section 9 of Order No. 54-148/c and section 2 of Order No. 54-90/c authorise extensions of hours of work either by reason of the need to maintain or raise the level of production, or by reason of a shortage of manpower, whereas Article 6, paragraph 1(b), provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It also pointed out that, in a number of cases (see in particular sections 6, 7 and 12 of Order No. 54-148/c), the additional hours worked are not paid at an overtime rate of not less than one and one-quarter times the regular rate, as provided by Article 6, paragraph 2. Lastly, the Committee requested the Government to ensure that the employers' and workers' organisations were consulted before the adoption of the regulations mentioned in Article 6.

The Committee trusts that the draft Order establishing procedures for enforcement of the provisions concerning working hours and a higher rate of pay for overtime will be adopted in the near future and that it will give full effect to Article 6, paragraphs 1(b) and 2. It requests the Government to inform the Office of any developments in this respect.