Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Articles 4, 5 and 6 of the Convention. Total or partial exceptions. The Committee notes that the Working Environment Act (Consolidated Act No. 268 of 18 March 2005, as amended) contains a series of provisions dealing with situations where variations to the normal weekly rest rules are permitted. First, section 51(3) provides that, when it is necessary for reasons of protection, or to ensure continuous provision of services, or sustained production, to defer the weekly 24-hour period off, the Minister of Employment may lay down specific rules. Secondly, section 53 provides that for trades, sectors or special types of work, where special conditions make it necessary, the Minister of Employment may lay down rules concerning the weekly 24-hour period off, including its adjustments. Thirdly, section 55 provides that the Minister of Employment may lay down rules concerning the conditions under which section 51 may be departed from by agreement. The Committee requests the Government to specify whether any of the rules provided for in the abovementioned sections of the Working Environment Act have so far been adopted and, if so, to transmit copies. Moreover, it would appreciate if the Government would provide in its next report: (i) an updated list of all total or partial exceptions currently authorized under the provisions of the Working Environment Act and information concerning their implementation in practice; and (ii) additional clarifications as to how it is ensured that, in authorizing total or partial exceptions from the normal weekly rest scheme, all proper social, and not only economic, considerations are taken into account and employers’ and workers’ organizations are duly consulted.

Article 7. Posting of notices. The Committee notes that neither the Working Environment Act nor the Order on rest periods and weekly rest appear to provide specifically for the obligation of employers to keep workers informed of the weekly rest schemes applicable to them, by means of notices, rosters or otherwise. It therefore asks the Government to explain how the Convention is given effect in this regard.

Part V of the report form. Application in practice. The Committee would appreciate if the Government would provide up to date information concerning 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 collective agreements containing clauses on weekly rest, etc.