Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes with interest the information contained in the Government’s first two reports and the attached documentation. It wishes to receive additional information on the following points.

Article 1, paragraphs 2, 3 and 4, of the Convention. The Committee would be grateful if the Government would provide additional information on the scope of application of the Convention in national law and practice, in particular as regards any possible exclusion of certain types of establishments or extension of the application of the Convention to other related establishments providing tourism services, and the manner in which the organizations of employers and workers concerned were consulted with regard to the definition of the categories of workers referred to in Article 1(a) and (b) of the Convention.

Article 2. While noting that the Government has apparently made no use of the exclusion possibility afforded by this Article of the Convention, the Committee requests the Government to confirm that the Convention applies to all workers employed in hotels and restaurants irrespective of the nature and duration of their employment relationship.

Article 3. The Committee notes the Government’s indication that the general labour legislation applies to all workers referred to in Article 1 of the Convention. It also notes that the law on social security covers all hotel and restaurant workers with the exception of seasonal and temporary workers who will be subject to ministerial decrees. As there appears to exist no specific policy designed to improve the working conditions of those employed in the hotel and catering sector, the Committee requests the Government to specify any measures taken or contemplated in this regard. It also requests the Government to provide more detailed information on the social security coverage of seasonal and temporary workers who represent a substantial proportion of those employed in the hotel and catering sector.

Article 4, paragraph 1. The Committee requests the Government to clarify what the term "hours of work" is deemed to signify under national law or practice with respect to hotel and restaurant workers, especially as regards overtime, "on-call" hours, and rest periods.

Article 4, paragraph 2. The Committee notes that according to the Government’s report, the maximum weekly hours of work of those employed in hotels, restaurants, coffee shops, places of entertainment and bars vary from 54 (for hotel employees with a fixed salary) to 63 hours (for workers in restaurants, coffee shops and places of entertainment whose remuneration is calculated on the basis of earnings), it being understood that the working hours may not exceed 12 in the day and the daily rest may not exceed one-and-a-half hours. Given the fact that a working week of 54 to 63 hours, or a working day of 12 hours, may not be considered as "reasonable normal hours of work and overtime", the Committee requests the Government to indicate whether any consideration is given to the possibility of reducing the limits on working hours currently applicable to workers in the hotel and catering sector, or bringing them closer to the general standards of an eight-hour working day and a 48-hour working week set out in ratified ILO Conventions Nos. 1 and 30.

Article 4, paragraph 3. The Committee notes that apart from the reference to Decisions Nos. 104/1 of 1967 and 126/1 of 1974 which fix a maximum daily rest period of one-and-a-half hour, the Government’s report contains no information regarding minimum daily and weekly rest periods applicable to hotel and restaurant workers. The Committee understands that section 36 of the Labour Code, which provides for an uninterrupted weekly rest period of at least 36 hours, is not applicable to workers covered by the Convention. It therefore requests the Government to indicate the legislative provisions giving effect to this provision of the Convention.

Article 5, paragraph 3. The Committee notes that according to the Government’s report, a person dismissed for a reason imputable to the employer before he has taken a holiday due to him must receive his usual remuneration in respect of every day of holiday due to him. The Committee requests the Government to specify how it is ensured that workers whose employment terminates - other than at the employer’s initiative - or their length of service is less than that required for the full entitlement are granted paid leave proportionate to the length of service or payment of wages in lieu, as required under this Article of the Convention.

Article 8. The Committee notes the Government’s statement that the Convention is applied through national legislation, judicial decisions and collective agreements. The Committee would appreciate receiving copies of the collective agreements currently in effect in the hotel, restaurant and tourism sector. It would also be interested in receiving information as to the percentage of workers in the hotel and tourism industry covered by these agreements.

Part V of the report form. The Committee notes the information provided by the Government concerning the recent instructions to the labour inspection services to control, in particular, the implementation of the national legislation regarding the minimum age of employment and occupational safety and health in the hotel, restaurant and tourism sector. The Committee trusts that the Government will continue to supply general information on the application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, catering and tourism industry, labour inspection results, difficulties encountered in the enforcement of relevant legislation, extracts from official reports and recent surveys addressing questions related to the employment conditions in the tourism sector in general and any other particulars bearing on the effect given to the requirements of the Convention in practice.