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

Article 4 of the Convention. Total or partial exceptions to weekly rest. The Committee notes that section 132(2) of the Labour Code provides that, where ordinary weekly rest is prejudicial to the public interest or the usual running of an activity, a waiver may be granted under a collective agreement or by internal rules. In its previous comment, the Committee expressed concern that the broad formulation of this provision combined with the authority given to the employer to establish exceptions to weekly rest in internal rules could lead to abuse. It draws the Government’s attention once again to the fact that, in establishing total or partial exceptions to the rules on weekly rest, it is necessary to weigh up the economic interests of the industrial establishments and the interests of the workers taking into account all appropriate humanitarian and economic considerations and that there must be prior consultation with responsible employers’ and workers’ associations. It accordingly asks the Government to specify how section 132(2) of the Labour Code gives effect to the requirements of this Article of the Convention.

Article 5. Compensatory rest. The Committee notes that by virtue of section 133(2) of the Labour Code, workers whose weekly rest is suspended owing to urgent work are given monetary compensation but not compensatory rest. The Committee wishes to remind the Government that compensatory periods of rest are essential to protecting the health of the worker and that, according to Article 5, such rest must be granted as far as is possible. It hopes that the Government will be in a position to review this provision in the near future so as to provide for compensatory rest irrespective of any cash compensation.

Article 6. List of exceptions. The Committee again asks the Government to provide an up to date list of exceptions established under Article 4 of the Convention.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.