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

Article 6, paragraph 1(a), of the Convention. Permanent exceptions. Preparatory or complimentary work. Hours of work may be extended for preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of an establishment (section 199(a) of the Basic Labour Act - LOT). The national executive authorities shall determine the types of work concerned by this provision. The Government is requested to provide information on the categories of work concerned.

Types of work not subject by their nature to working hours limits. Under the terms of section 198(d) of the LOT, workers who are engaged in types of work that are not subject by their nature to working hours limits may not work for more than 11 hours a day, with a minimum of one hour of rest. The Committee requests the Government to indicate the types of work covered by this exception.

Additional hours at night. Under the terms of section 195 of the LOT, daily hours of work, where the work is performed at night, may not exceed seven in number. However, the single paragraph of this provision establishes that the national executive authorities may determine the types of work for which the extension of working hours is allowed in exchange for the remuneration of additional hours worked at night. The Committee requests the Government to provide a copy of the regulations issued under section 195.

The Committee requests the Government to provide information on the consultations held with organizations of employers and workers concerning these various permanent exceptions, in accordance with Article 6, paragraph 2, of the Convention. The Government is also requested to indicate whether section 155 of the LOT, on the payment of additional hours, is applicable in these situations, as the Convention provides that overtime hours shall be paid at not less than one-and-one-quarter times the regular wage rate.

Article 6, paragraph 1(b). Temporary exceptions. Making up of hours lost. Section 203 of the LOT authorizes the making up of hours lost in the event of collective interruptions of work due to accident, force majeure or atmospheric conditions. The hours so worked are paid at the ordinary rate. However, as emphasized by the General Survey of 1967 on hours of work (paragraph 222), "Convention No. 1, while not providing specifically for the making up of lost time, would not seem to prohibit it, provided it is assimilated to overtime", and that it is therefore covered by a wage supplement of at least 25 per cent. The Committee requests the Government to indicate the measures adopted or envisaged to ensure the payment of overtime hours at this higher rate.

Overtime hours. Sections 207 to 210 of the LOT set out rules to be complied with for the performance of overtime hours. Such hours have to be approved by the labour inspector, except in cases of emergency. The Committee requests the Government to provide information on the criteria used by the labour inspection services when granting or refusing such authorization, taking into account the fact that, under Article 6, paragraph 1(b), of the Convention, temporary exceptions shall be made for the purpose of allowing establishments to deal with exceptional cases of pressure of work.