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

The Labour Law of 20 June 2001, which entered into force on 20 June 2002, contains no provision similar to section 252 of the repealed Labour Code of 1994 under which different working-time arrangements and leave periods for specified sectors of employment were permitted. According to sections 2 and 3, the Labour Law applies to all employers and employees. In particular, the regulations of the Labour Law on working hours and rest time, according to section 2(4) of the State Civil Service Law, also apply to civil servants, since the State Civil Service Law does not contain any special provisions in this regard.

In connection with the new Labour Law, the Committee requests the Government to provide further information on the following points with its next report.

Article 6, paragraph 1, Article 7, paragraphs 1 and 2, and Article 8, paragraphs 1 and 3, of the Convention. Section 55(2) of the Labour Law provides that the employer is free to adopt working procedure regulations on the length of the working week and the organization of working time in the undertaking. According to section 143(1) of the Labour Law, the principle of a minimum weekly rest period of 42 consecutive hours within a seven-day period needs not to be applied in case of aggregated working time where, according to section 140 of the Labour Law, it is not possible to comply with the length of regular daily or weekly working time. Section 143(4) of the Labour Law entitles an employee who works on his weekly rest day to rest on another day or compensation by supplementary payment, as provided for under section 68 of the Code. In cases where the length of working time is not determined in advance or may be determined by the employees themselves, section 148 of the Labour Law permits exemptions from the principle of weekly rest, as provided for under section 143(1) of the Labour Law.

The Committee recalls that Article 6, paragraph 1, of the Convention entitles workers to an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days. It further stresses that, where special weekly rest schemes apply in conformity with the circumstances specified under Article 7, paragraph 1, of the Convention, paragraph 2 of this Article requires that the workers subject to such schemes are provided the minimum period of rest of at least 24 hours for every period of seven days. In addition, the Committee observes that, with regard to temporary exceptions (total or partial, including the suspension or reduction of the rest period), in the cases specified in Article 8, paragraph 1, of the Convention, under paragraph 3 of this Article the granting of compensatory rest of a total duration of at least 24 consecutive hours is compulsory regardless of monetary compensation.

The Committee requests the Government to make the clarifications necessary to ensure, in the cases regulated under sections 55(2), 143(1) and (4) and 148 of the new Labour Law, conformity with the Convention regarding the minimum period of weekly rest and compensatory rest.