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

The Committee  takes note of the new Act on manpower (Act No. 13 of 2003).

Article 8, paragraph 3, of the Convention. The Committee notes with regret that the provisions of Act No. 13 of 2003 concerning working hours and weekly rest (sections 77-79) do not provide compensatory rest for work carried out on a weekly rest day, although the Government has repeatedly declared its intention of bringing the national law into conformity with the Convention in this respect. In addition, Manpower Ministerial Regulation No. PER-03/MEN/1987 appears still to be in force unchanged, providing payment of wages for work performed on an official holiday effective on a weekly rest day. The Committee reiterates that under Article 8, paragraph 3, compensatory rest of a total duration of at least 24 hours must be granted, without prejudice to any monetary compensation, in all cases where temporary exemptions are made in respect of weekly rest. It further recalls that since 1975 it has been commenting on the need to amend the relevant national laws and regulations to this effect.

Furthermore, the report contains no reply to the matter raised under paragraph 2 of the Committee’s previous comment. It must therefore repeat this part of its previous observation, which read as follows:

The Committee further notes the Government’s indication that employers are encouraged to include a compensatory rest provision in their company regulation or collective labour agreement. It requests the Government to supply copies of any company regulation and collective agreements so far adopted which reflect this practice.

The Committee has addressed a request for additional information directly to the Government.