Observation (CEACR) - adoptée 1999, publiée 88ème session CIT (2000)

The Committee notes the Government's report and the information supplied in response to some of the points raised in its direct request of 1995. With reference to its previous comments, the Committee notes once again that the application of section 206 of the Organic Labour Act (LOT) is not restricted to the exceptions expressly provided under the Convention, nor does this provision require a limit to be set for daily overtime where ordinary working hours are unevenly distributed over the week, as prescribed by Article 2(b) of the Convention. The obligation to make compensatory arrangements for overtime and the requirement that the total number of hours worked in a period of eight weeks shall not exceed 44 hours per week on average, both of which are established in section 206 of the LOT, do not afford adequate safeguards to prevent abuse and hence ensure that the Convention is fully applied. In these circumstances, the Committee would be grateful if the Government would take the necessary steps to bring its legislation into line with the provisions of the Convention.

The Committee further notes that the Government does not indicate, as it was asked, the measures envisaged to ensure that working hours do not exceed eight hours per day and 48 hours per week in respect of minors who provide domestic labour (section 256 of the LOT), domestic workers who live on the premises where they work (section 275 of the LOT) and outworkers (section 294 of the LOT), who do not appear to be covered by section 195 of the LOT. It therefore asks the Government to provide the information requested in its next report.