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

The Committee notes the Organization of Working Time Act No. 63(I) of 2002.

Articles 6, 7 and 8 of the Convention. Section 6, paragraph 3, of the Organization of Working Time Act provides that any employer may decide to grant to an employee one rest period of 48 consecutive hours within a period of 14 days.

The Committee recalls that Article 6 of the Convention stipulates an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days.

Special weekly rest schemes may, in accordance with Article 7 of the Convention, only be authorized by the public authority after consultation with the representative employers’ and workers’ organizations concerned to specified categories of persons or specified types of establishments, regard being paid to all proper social and economic considerations. Section 6, paragraph 3, of the Organization of Working Time Act, however, is not restricted to specified circumstances as stipulated under Article 7. It applies to all employees without limitation whatsoever and is therefore possibly open to abuse.

Also, temporary exceptions, including the suspension of the rest period, are only permissible under certain conditions as laid down in Article 8, like cases of force majeure, or in the event of abnormal pressure of work due to special circumstances, while section 6, paragraph 3, of the Organization of Working Time Act applies in all circumstances.

The Committee therefore requests the Government to take the necessary steps to bring section 6, paragraph 3, of the Organization of Working Time Act in line with the provisions of the Convention and to inform it accordingly.

Article 7. The Government is asked to indicate and to communicate legislative arrangements mentioned in section 15 of the Organization of Working Time Act, which may regulate special weekly rest schemes for specific occupations.

Article 8, paragraph 3. According to section 16, paragraph 2, of the Organization of Working Time Act a compensatory rest period is granted for deviations from the ordinary weekly rest period, apart from deviations in exceptional circumstances in which it is objectively impossible to grant a compensatory rest period and where suitable protection shall be granted instead.

The Committee reiterates that for temporary exemptions, Article 8, paragraph 3, is demanding in all cases for a compensatory rest period of a total duration at least equivalent to the period provided for under Article 6. The Committee therefore asks the Government to take the necessary action to bring the legislation in line with Article 8, paragraph 3, and to inform it accordingly.