Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee notes Act No. 95/15 of 12 January 1995 issuing the Labour Code, and Decree No. 96-203 of 7 March 1996 on working time.

Article 4 of the Convention. Section 24.1(2) of Act No. 95/15 of 12 January 1995 issuing the Labour Code provides that, in certain conditions, special systems of weekly rest and Sunday rest may be established by regulations. However this makes no reference to consultation with responsible associations of employers and workers. The Committee notes that, according to the Government, no recourse to Article 4 of the Convention has been observed and that, in the event of any situation requiring such recourse, the Consultative Labour Committee will be so informed in order that the social partners may decide how to proceed.

The Committee nevertheless notes that Decree No. 96-203 of 7 March 1996 on working time seems to allow total or partial exceptions pursuant to Article 4, such as section 10 for continuous shift work, without providing for consultations.

The Committee requests the Government to indicate whether other regulations have been adopted pursuant to section 24.1(2) of Act No. 95/15 of 12 January 1995 issuing the Labour Code and, if so, to provide a copy of them together with a list of the exceptions, in accordance with Article 6 of the Convention. The Committee also asks the Government to report on measures taken to ensure that the Convention is fully applied and to provide information on the procedures for ensuring consultation with responsible associations of employers and workers in this context.

Article 5. The Committee requests the Government to provide specific information on the provisions establishing compensatory periods of rest for the suspensions or diminutions made in virtue of Article 4.