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

The Committee notes the Government's last report on the application of the Convention and the information supplied in response to its observation of 1994. It notes with regret that, with regard to the application of Articles 2(b) and 6 of the Convention, on which the Committee has been commenting for very many years, the Government merely repeats the arguments put forward in its previous report.

The Government indicates that the distribution of weekly hours of work over five days, as provided in section 28 of the Labour Code, which means exceeding the daily maximum of nine hours allowed by Article 2(b) of the Convention, is justified because the worker is granted an additional day of rest. The Government emphasizes that such distribution is voluntary, exceptional and limited. The Committee wishes to recall that Article 2(b) was so drafted as to stress the need to protect workers by placing a limit on the number of hours that may be worked per day in excess of the daily limit in the event of unequal distribution of the working week. To that end, daily overtime is restricted to one hour. The Committee requests the Government to communicate any relevant information as regards the number of workers covered by this exceptional working-time arrangement.

Furthermore, the Government indicates that the provisions of sections 30 and 31 of the Labour Code, which allow overtime of up to two hours per day in certain jobs, are adequately restricted by section 29, which lays down the exceptions which may be allowed to normal daily working hours. The Committee wishes to remind the Government, however, that reasonable limits to such exceptions need to be set. To allow two hours' overtime per day without establishing other safeguards, such as a monthly or annual limit, is contrary to the provisions of Article 6, paragraph 2, of the Convention and the intent of the Conference, in that it could lead to abuses. Consequently, the Committee again asks the Government to take the necessary measures to ensure that this Article of the Convention is fully applied.