Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee takes note of the Government's report and of the difficulties concerning the implementation of the draft Labour Code, due to internal administrative changes accompanying the present democratic transition. It hopes that these difficulties will be overcome in the near future and asks the Government to include in its next report full information on the matters raised in its previous direct request, which read as follows:

The Committee 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 authorize 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' organizations 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.