Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 4, paragraph 1, of the Convention. Exceptions to weekly rest. The Committee notes the amendments to the Labour Code by Act XIX of 2002 and that section 124, paragraph 5, allows for rest days to be taken on a partly or fully aggregate basis, if a framework for working time is being applied. Rest days may be taken every two weeks or up to once a month subject to the provision of the collective or any other agreement between the parties involved. Section 124, paragraph 6, states that collective agreements may provide for rest days to be granted on a partly or fully aggregate basis for up to six weeks, in positions of a readiness character, in uninterrupted work schemes or work schemes with three or more shifts and in the case of an employee performing seasonal work. Furthermore, section 124, paragraph 7, allows collective agreements to make exemptions from providing one rest day to be granted after six days of work for those working several shifts, working in uninterrupted work schemes or uninterrupted positions, or those performing seasonal work. Article 4, paragraph 1, provides that the Government may authorize total or partial exceptions (including suspensions or diminutions) from the provisions of at least 24 consecutive hours of rest in every period of seven days, special regard being had to all proper humanitarian and economic considerations and after consultations with responsible associations of employers and workers. The Committee reminds the Government that the provision of a weekly rest as prescribed in Article 2 of the Convention is to be considered as an elementary guarantee to safeguard the health and welfare of workers and protect them against the risk of abuse. Therefore, exceptions must be limited to what is strictly necessary. It requests the Government to provide further information on how it ensures that these provisions are not abused.