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

The Committee notes the information communicated by the Government in its latest report, and refers once again to the observations made by the French Democratic Confederation of Labour (CFDT) concerning consultation of workers’ representatives on derogations granted with regard to Sunday or weekly rest. The Committee notes that Act No. 2000-37 of 19 January 2000 does not modify section L.221-8-1 of the Labour Code, which allows weekly rest by rotation in tourist, thermal or cultural resorts, or section L.221-19 of the Labour Code, according to which the weekly Sunday rest may be abolished (with compensatory rest) in retail establishments on five Sundays every year.

The Committee, referring to its previous comments regarding Article 6, paragraph 3, and Articles 7 and 8, of the Convention, requests the Government once again to provide in its next report full information on the manner in which consultations are carried out with workers’ representatives and on any difficulties encountered in the practical application of these provisions (including any court rulings constituting jurisprudence).

The Committee notes with interest that section L.221-16-1 of the Labour Code, as established by Act No. 2000-37 of 19 January 2000, restored a provision that had existed in section R.262-1-1 of the Labour Code (Decree of 6 August 1992), which had been ruled illegal and inapplicable by the Council of State in its Ruling of 21 October 1994. The labour inspector is thus enabled once again to take appropriate measures to stop illegal employment of workers in contravention of Sunday and weekly rest provisions, in accordance with Article 10 of the Convention.

The Committee also refers the Government to its observations on Convention No. 14.