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

Article 1 of the Convention. Scope of application. The Committee notes that under the terms of section 61(f) of the Labour Code, its provisions relating to hours of work are not applicable to workers who are not covered by such rules by reason of the nature of the work that they perform. It requests the Government to indicate the types of work covered by this exclusion.

Article 7, paragraph 1(a). Intermittent work. The Committee notes that under section 61(c) of the Labour Code, persons who carry out types of work that are intermittent or which require only their physical presence, as defined by the Ministry of Labour in each specific case, are not subject to the limitations imposed by the Labour Code in respect of hours of work. It requests the Government to indicate whether the Ministry of Labour has issued regulations under this provision and, if so, to provide a copy. If the determination of intermittent work is indeed made on a case by case basis, the Government is requested to indicate the criteria used for this purpose and to provide practical examples.

Article 7, paragraphs 2 and 3. Additional hours. The Committee notes that under section 57 of the Labour Code additional hours performed by workers to repair errors attributable to them are not considered to be additional hours and are not therefore subject to the limits determined by the Labour Code, and do not benefit from a higher rate of pay. It draws the Government’s attention to the fact that the repair work in connection with errors attributable to a worker is not included in the cases in which the Convention allows the normal limits for hours for work, which are set at eight hours in the day and 48 hours in the week, to be exceeded. It hopes that the Government will take the necessary measures to amend the legislation so as to comply with the requirements of the Convention on this matter.

The Committee further notes that section 59 of the Labour Code provides that workers may not be required to perform additional hours, except in a certain number of cases, such as the prevention or elimination of the consequences of catastrophes or accidents likely to prejudice production or the provision of services. It recalls that the Convention imposes limitations on the performance of additional hours, irrespective of whether or not workers have given their consent in this respect. In addition to the cases envisaged by section 59 of the Labour Code, the performance of additional hours in the context of temporary exceptions is allowed, in accordance with Article 7, paragraph 2, of the Convention, in order to prevent the loss of perishable goods or avoid endangering the technical results of the work, to allow for special work such as stocktaking and the preparation of balance sheets, or to enable establishments to deal with cases of abnormal pressure of work due to special circumstances, in so far as the employer cannot ordinarily be expected to resort to other measures. The Committee hopes that the Government will adopt legal provisions explicitly providing that the performance of additional hours, whether or not it is voluntary, is only authorized in the cases set out in the Convention.

The Committee also notes that section 60 of the Labour Code regulates the performance of a double shift by a worker in the event of the unforeseen absence of other employees where the work cannot be interrupted. It requests the Government to provide particulars on the types of work which are recognized as being impossible to interrupt.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from the reports of the inspection services indicating the number and nature of the violations reported, and information on the number of workers covered by the legislation respecting hours of work.