Observation (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

Article 2 of the Convention. Weekly working hours. The Committee notes that, under section 67 of the Labour Code, the normal working day is eight hours and the normal working week is 44 hours on average. It also notes that the Labour Code does not define a reference period by which average weekly working hours must be calculated. Nor does the Code lay down an absolute limit on the length of the working week. The Committee recalls that Article 2 of the Convention sets the maximum length of the working week at 48 hours. Averaging the working week with the 48-hour limit exceeded in certain weeks is only permitted in specific exceptional cases (for example, shift work, covered by Article 2(c), of the Convention). Hence the Committee is bound to conclude that section 67 of the Labour Code, which provides for the averaging of weekly working hours without any restriction, is not in conformity with the provisions of the Convention. The Committee trusts that the Government will soon take the necessary steps to amend its legislation to allow the 48-hour working week to be exceeded, in the context of the averaging of weekly working hours, only in the circumstances provided for by the Convention. It requests the Government to supply information on any developments in this regard.

Furthermore, the Committee notes that the 1989 General Regulations on construction brigades establish a 12-hour working day, with a six-day working week and 26 working days per month (section I.6 of the Regulations). In reply to the Committee’s previous comments on the Regulations, the Government stated that, because of the “special period” that the country was undergoing, this system was not applied in practice, owing to a lack of raw materials and fuel. The Committee understands that the “special period”, marked by a major economic crisis, is now over, as indicated by the fact that Resolution No. 187/2006 issuing regulations on working hours and work periods repeals, inter alia, Resolution No. 13 of 23 October 2001, which provided for reduced working hours in certain cases and was adopted during the initial phase of the “special period”. If this is the case, the Committee requests the Government to state whether the provisions of the General Regulations on construction brigades are again being applied in practice. In this regard, it recalls that the standards laid down by these Regulations (12 hours per day and 72 hours per week) far exceed the limits authorized by Article 2 of the Convention. The Committee trusts that the Government will take the necessary steps as soon as possible to amend these Regulations in order to bring them into conformity with the provisions of the Convention.

The Committee is also addressing a direct request to the Government on a number of other matters.