Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

The Committee notes the Government’s response of 2 October 2001 to the comments previously made by the Confederation of Workers Rerum Novarum (CTRN). The Committee recalls that Article 2 of the Convention sets the standards for a normal weekly rest scheme (a period of rest comprising at least 24 consecutive hours in every period of seven days). It also recalls that under Article 4, paragraph 1, States may in certain circumstances introduce weekly rest schemes which form exceptions to the normal arrangements ("special weekly rest schemes"). Such special schemes should not be introduced without consultation with the representative organizations of employers and workers. The Committee further recalls that in addition to the introduction of special schemes operating on a permanent basis, Article 4(1) of the Convention provides for the possibility of making certain other adjustments to the normal weekly rest scheme for temporary reasons as outlined in paragraph 163 of the 1964 General Survey on weekly rest in industry, commerce and offices.

Under Article 5 of the Convention, each ratifying State shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions made in virtue of Article 4, except in cases where agreements or customs already provide for such periods. The Committee wishes to draw the Government’s attention to the fact that in principle it is the compensatory leave and not the cash compensation that should be provided. Furthermore, if the compensation in the form of cash became the rule under special schemes operating on a permanent basis, it would practically have the effect of depriving the workers of the rest to which they are entitled, and this on a continuous basis.

The Committee recalls that under section 152 of the Labour Code, work is permitted on the weekly rest day, with the consent of the parties, provided that the work is not heavy, unhealthy or dangerous and is carried out in agricultural or stock-raising establishments, or industrial undertakings which require continuity of work due to the nature of the needs which they satisfy or for an obvious public or social interest. Section 152 further provides that a worker shall receive double pay for work performed on a rest day.

Referring also to its previous comments, the Committee asks the Government to clarify whether the provisions of section 152 of the Labour Code relate to the possibility of the introduction of special schemes operating on a permanent basis or for the possibility of making certain other adjustments to the normal weekly rest scheme for temporary reasons and, in case of permanent exceptions, to take all necessary measures to bring these provisions into conformity with the Convention, so that workers in industry are entitled to a compensatory leave, regardless of any cash compensation.