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

Section 99 of the Labour Code, 2003, allows for the calculation of the hours of work on an aggregate basis. Section 99 provides for the calculation of normal hours of work over a period of up to one year, without specifying the categories of employment concerned. The Committee draws the attention of the Government to Recommendation No. 116 on the reduction of working hours, 1962, which provides for the calculation of normal average hours of work; however, only in cases where "special conditions in certain branches of activity or technical needs justify it" (Paragraph 12). It should in fact be restricted to exceptional cases where the nature of the work, technical reasons or seasonal variations and periodic pressure of work make it necessary. In the light of these indications, the Committee hopes that the Government will take account of the provisions of the Recommendation and ensure that section 99 of the Labour Code is applied accordingly.