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

Article 6 of the Convention. Permanent and temporary exceptions. The Committee recalls its previous comments in which it drew the Government’s attention to the fact that the terms “intermittent work” and “preparatory or complementary work” are defined in an excessively broad manner in the national legislation and emphasized that their scope went beyond the letter and the spirit of the Convention. It notes the Government’s indications that the texts on which it commented previously were under examination by the Tripartite Consultation and Dialogue Commission and the Ministry of Social Affairs and Labour. It also notes that its comments will be taken into consideration when adopting amendments to these texts. The Committee requests the Government to provide information on any development in relation to the process of amending Order No. 243 of 8 May 1966 issued under section 117 of the Labour Code, Order No. 135 of 3 February 1981 issued under section 123 of the Labour Code and Order No. 720 of 1973 issued under section 120 of the Labour Code, as amended by Order No. 775 of 1974. The Government is also requested to provide copies of any reports which may be adopted on this subject by the Tripartite Consultation and Dialogue Commission.

Part VI of the report form. The Committee notes the information provided by the Government concerning the distribution of employed persons by sector of activity and wage level. It also notes the statistical data on weekly hours of work according to the level of training of employed persons. The Committee notes in this respect that table 21 attached to the Government’s report refers to employed persons working over 50 hours a week, of whom 54 per cent have a level of education corresponding to primary education. The data provided by the Government do not, however, indicate the percentage of employed persons who work over 50 hours a week. The Committee requests the Government to provide particulars on this matter and to indicate the measures taken to ensure that work by these persons over and above the limit for normal hours of work established by the Convention, namely 48 hours, is performed in compliance with the conditions imposed by the Convention in relation to the introduction of permanent or temporary exceptions. The Government is also asked to continue to provide information on the application of the Convention in practice, including extracts from reports of the labour inspection services indicating the number of violations reported of the provisions of the Labour Code respecting hours of work and any measures taken in response.