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

Article 2, paragraph 1, of the Convention. Duration of the weekly rest. The Committee notes that Order No. 68/12 of 17 May 1968 respecting weekly rest remains the reference text for the regulation of weekly rest, as the order envisaged in section 121 of the Labour Code of 2002 has still not been adopted. However, the Committee notes that the National Labour Council has examined and adopted a Bill to amend section 121 of the Labour Code which reduces the weekly rest period from 48 to 24 consecutive hours. The Committee once again requests the Government to provide a copy of any new legislative text once it has been finalized.

Articles 4 and 5. Total or partial exceptions. The Committee notes that the Bill to amend section 121 of the Labour Code provides that the Minister of Employment, Labour and Social Insurance determines by order, issued after seeking the opinion of the National Labour Council, the arrangements governing the application of the weekly rest period, including the occupations in which and the conditions under which the rest period may, on an exceptional basis and for clearly established reasons, either: (i) be granted by rotation or collectively on a day other than Sunday; (ii) be suspended; or (iii) be granted over a longer period. The Committee also notes that the National Labour Council has adopted a draft order issuing regulations respecting work on the day of weekly rest and other statutory national holidays. However, the Committee notes that the Government does not specify in its report whether this draft order provides that a compensatory period of rest must be granted to workers when they have been engaged during their weekly rest period. In this respect, the Committee noted in its previous comment that sections 9 and 10 of Ministerial Order No. 68/12 provide that exceptions may be made, without compensatory rest and with the payment of additional hours, in the event of an accident that has occurred or is imminent, force majeure or urgent work to be carried out on plant, to prevent the loss of perishable goods or to deal with abnormal pressure of work. The Committee is bound to recall in this respect that the granting of a period of compensatory rest is essential in order to prevent an accumulation of fatigue by workers and therefore to protect their health, irrespective of whether or not supplementary remuneration is paid in respect of the additional hours undertaken during the weekly rest period. The Committee therefore requests the Government to provide a copy of the draft order issuing regulations respecting work on the day of weekly rest and it hopes that the Government will follow its recommendations concerning the need for a compensatory rest period in respect of all derogations from the rules respecting the weekly rest period without exception.

Part V of the report form. The Committee once again requests the Government to provide updated information on the application of the Convention in practice including, for instance, statistics showing the number of workers covered by the relevant legislation, reports of the labour inspection services, the number of violations reported and the penalties imposed etc.

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.