Demande directe (CEACR) - adoptée 1991, publiée 78ème session CIT (1991)

The Committee notes the information provided by the Government in reply to its previous comments, as well as the observations made by the Ceylon Workers' Congress (CWC) and the Lanka Jathika Estate Workers' Union (LJEWU).

Article 8 of the Convention. In previous comments, the Committee noted that section 5(2) of the Shop and Office Employees Act allows the Commissioner of Labour to authorise the accumulation of weekly rest days for four consecutive weeks by reason of "unforeseen circumstances", whereas under this Article temporary exemptions from weekly rest provisions are only possible in limited conditions (related to accident or force majeure; abnormal pressure of work; and to prevent the loss of perishables). The Committee notes the Government's statement that over the years this position is carefully followed and section 5(2) is only applied to residential hotel workers, who are coming from outstations to city resorts and prefer accumulation which is economically advantageous. The Government concludes that there is no necessity to establish legislation in this regard.

The CWC has observed that there are no provisions for temporary exemptions as provided in this Convention. The LJEWU draws attention to the problem of supervision of labour laws; and it points to the requirement in Article 8(2) of the Convention as to the consultation of employers' and workers' organisations.

The Committee would observe that, when temporary exemptions to weekly rest provisions are made in conformity with Article 8, it is in any event essential under paragraph 3 that compensatory rest should be granted. Moreover, when special weekly rest schemes are authorised in conformity with Article 7 there should also be entitlement to equivalent rest.

The Committee can therefore not agree with the Government's conclusion that there is complete compliance with the Convention as regards the workers referred to. It hopes the Government will consider further measures in this respect and supply due information in its next report.

The Government is asked to report in detail for the period ending 30 June 1992.