Observation (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

The Committee notes the Government’s report on the application of the Convention. It also notes the observations made by the Confederation of Autonomous Comoran Workers’ Organizations (USATC) and the Government’s reply.

The USATC indicates that weekly hours of work vary between 42 and 88 and that additional hours are not paid. It adds that no regulations determine the working hours of taxi drivers. In reply, the Government recognizes that difficulties in ensuring adequate labour inspection prevent it from guaranteeing observance of the statutory working week of 40 hours. It also states that it wishes to consult the social partners on the issue of the working hours of taxi drivers. More generally, the Government envisages amending the national legislation, taking into account the Committee’s comments, with a view to bringing it into conformity with the provisions of the ILO Conventions that it has ratified. In this respect, it requests the technical assistance of the ILO.

The Committee hopes that the above difficulties will be overcome and that the Government will be in a position in its next report to provide information on real progress made in implementing national regulations in conformity with the requirements of the Convention. In this respect, it hopes that its previous comments on the following points will be taken into account.

The Committee noted 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 labour. The Committee recalled that Article 6, paragraph 1(b), of the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It also noted 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 required by Article 6, paragraph 2. Finally, it requested the Government to ensure that employers’ and workers’ organizations are consulted before the adoption of the regulations envisaged in Article 6.