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

Article 2 of the Convention. Scope of application – public sector. The Committee notes the adoption of Act No. 41-08 on the public service which repeals and replaces Act No. 14-91 on the civil service and administrative careers. It also notes that this new Act does not contain any provisions relating to the weekly rest of public servants. The Committee therefore requests the Government to indicate the legislative or regulatory provisions which grant a minimum weekly rest period of 24 consecutive hours to public sector employees. Furthermore, it once again requests the Government to provide a copy of Decree No. 56 of 18 August 1982 which establishes the rules relating to weekly rest for persons employed in the central public administrative services.

Article 8, paragraph 2, and Article 11(b). Temporary exemptions – conditions. Further to its previous comment, the Committee notes that the Government does not provide any new information on the consultations held on specific conditions in which temporary exemptions are authorized under section 153 of the Labour Code because of abnormal pressure of work or to prevent the loss of perishable goods. The Committee therefore once again requests the Government to indicate the methods adopted to consult the representative organizations of employers and workers in this regard and to provide information on the circumstances in which the various types of temporary exemptions may be granted.

Article 8, paragraph 3. Temporary exemptions – compensatory rest. With regard to the amendment of section 164 of the Labour Code, the Committee notes the Government’s indication that the members of the Labour Advisory Council have reached an agreement to bring it into conformity with the provisions of the Convention. The Government adds that the matter will be submitted to the National Assembly in the near future. The Committee recalls in this regard that Article 8, paragraph 3, of the Convention requires compensatory rest to be granted to workers subject to a temporary exemption, whether or not these workers benefit from cash compensation. It requests the Government to keep the Office informed of any progress made in this regard and to provide a copy of the relevant text once it has been adopted.

Part V of the report form. Practical application. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts from reports of the inspection services indicating the number of violations reported relating to weekly rest and the sanctions imposed, information concerning the number of workers covered by the legislation, copies of relevant collective agreements, 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.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 14 and to keep the Office informed of any decisions taken or envisaged in this respect.