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

Article 2, paragraph 1, of the Convention. Weekly rest entitlement. Further to its previous comment, the Committee notes the Government’s explanation that factories employing fewer than ten workers are covered by the Shops and Establishments Ordinance, 1969, and therefore the weekly rest entitlement of the workers concerned is guaranteed by virtue of section 6 of that Ordinance. As regards section 43(1) of the Factories Act, 1934, allowing the provincial governments to grant exemptions from the normal weekly rest rules with respect to persons who hold supervisory or confidential positions, the Committee once again requests the Government to consider amending its legislation in order to bring it into full conformity with the Convention in this regard.

Articles 4 and 6. Total or partial exceptions. The Committee notes the Government’s explanations that the exemptions provided for in sections 43(2) and 44(2) of the Factories Act, 1934, section 25 of the Mines Act, 1923, and section 71D(2) of the Railways Act, 1890, are authorized in rare and exceptional cases of public interest, and that even in these cases, the workers concerned are granted compensatory rest within three days after having worked during their weekly rest day. The Committee also notes that in its comments dated 21 September 2008, the Pakistan Workers Federation (PWF) indicates that it has been urging the Government to amend the provisions of the national legislation allowing exemptions from the application of the normal weekly rest rules, namely section 43(1) and (2) of the Factories Act, 1934, section 25 of the Mines Act, 1923, and section 71D(2) of the Railways Act, 1890, with a view to fully implementing the principles of the Convention. The Committee requests the Government to transmit any comments it may wish to make in reply to the observations of the PWF.

Part V of the report form. The Committee  would appreciate receiving up to date information on the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of relevant collective agreements containing clauses on weekly rest, etc.