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

The Committee notes the Government’s report and requests clarification as regards the following points.

Article 4 of the Convention. Section 28(4) of the Working and Rest Time Act contains a general clause for authorization of exceptions from the weekly rest period without definition of the possible exceptions. According to Article 4, exceptions may be authorized, special regard being had to all proper humanitarian and economic considerations and after consultation with responsible associations of employers and workers. The Committee requests the Government to indicate how the national legislation ensures the full application of this Article and to state the methods adopted for consulting the responsible associations of employers and workers.

Article 5. This Article provides that each Member shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions made in virtue of Article 4. Sections 28(4) and 30 of the Working and Rest Time Act provide for certain permanent and temporary exceptions, without determination of compensatory rest periods. Alternatively, section 15 of the Wage Act allows for compensatory rest or higher remuneration. The purpose of the Convention is to ensure at least one uninterrupted weekly rest period and therefore as far as possible compensatory rest periods. Higher remuneration shall only compensate the work on a weekly rest day as an exceptional case. Section 15 does not provide for this relation of principle and exception in accordance with Article  5 of the Convention. The Committee requests the Government to undertake the necessary steps in the near future to bring the national legislation into conformity with Article 5 of the Convention and to report to the Committee on the progress already achieved.