Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

In addition to its observation, the Committee requests the Government to provide further information on the following points.

Article 2 of the Convention. The Committee notes that section 117, paragraph (a), of the Labour Code, as amended through Legislative Decree No. 24 of 10 December 2000, prescribes that the worker shall not be present at the workplace for a period longer than the legal or the contractual hours of work. Though it appears that the provisions of section 114 of the Labour Code on maximum daily and weekly working hours are binding for everybody, including the contracting parties, there might be a risk that contractual working hours exceed legal working hours. The Committee therefore requests the Government to clarify in its next report how, in law and in practice, such a risk is avoided.

Article 6, paragraph 1(a) and (b). The Committee notes that under section 117, paragraph (c) of the Labour Code, as amended, an exemption of intermittent work from the provisions of section 117, paragraph (a), is provided for, in accordance with paragraph 1(a) of this Article of the Convention. The Committee further notes that under this provision of the Labour Code, the Minister of Social Affairs and Labour shall define, by a decision, such work, and the hours during which the worker is to be present at the workplace. According to Article 6, paragraph 2, of the Convention, the organizations of the employers and workers concerned should be consulted before such a decision of the Ministry of Social Affairs and Labour will be issued. Please keep the Office informed of such consultations and provide a copy of the ministerial decision when it becomes available.

The Committee further asks the Government to indicate whether the temporary exemptions, which have been provided for under section 120 of the Labour Code corresponding to Article 6, paragraph 1(b), of the Convention, have also been determined after consultation of the aforementioned organizations.

The Committee asks the Government to clarify whether section 121, paragraph (a), of the Labour Code, as amended, refers to both temporary and permanent exceptions, as provided for under sections 120 and 117, paragraph (c), of the Labour Code, respectively, or to temporary exceptions only, as provided for under the former version of section 121, paragraph (a), of the Labour Code.

The Committee, in addition, notes that section 121, paragraph (a), of the Labour Code is not clear in respect of pay for work carried out on a rest day. In cases of temporary exemptions (except in cases of accident, urgent work or force majeure), pay for overtime must not be made dependent on any conditions, such as the condition that the worker is normally paid for days of rest, as mentioned in section 121, paragraph (a), of the Labour Code.