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

The Committee notes the Government’s intention to retain the Act of 17 March 1987, which permits the averaging of weekly working hours over a period of up to one year with the sole restriction that daily working hours do not exceed 12 hours. The Government indicates in its previous report that these regulations were set in agreement with the social partners and constitute a means of making working hours flexible, made necessary by the economic context. The Government amplifies that it does not consider denunciation of the Convention to be a constructive step and restates its suggestion to revise it.

The Committee has maintained in its previous comments that Article 5 of the Convention allows recourse to an averaging of working hours only in exceptional circumstances. It sees itself obliged to reiterate that this provision of the Convention, which permits the possibility of establishing the daily hours of work over a period longer than a week, is restricted to exceptional cases where it is recognised that the provisions of Article 2 cannot be applied. It hopes that the Government will be in a position to reconsider its approach and to bring its legislation in line with the requirements of the Convention.