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

The Committee notes with regret that the Government’s report does not contain any information in reply to its previous comments and is confined to indicating that there have been no changes in law or practice affecting the application of the Convention. The Committee is therefore bound to draw the Government’s attention once again to the following points.

Article 1, paragraph 1(d), of the Convention. Scope of application – workers in the transport sector. The Committee notes that the Government’s report does not contain any information concerning the comprehensive study that it proposed to undertake with a view to the adoption of a directive by the Minister of Labour under section 72(2) of Labour Proclamation No. 377 of 2003, with a view to providing for the special application of the weekly rest provisions to workers directly engaged in the carriage of passengers and goods. The Committee once again requests the Government to keep the Office informed of any developments in this respect and to provide a copy of any new legal text that might be adopted on this matter.

Article 2, paragraph 1, and Articles 4 and 5. Exemption of persons holding managerial positions. The Committee notes the adoption of Proclamation No. 494/2006, amending section 3(2)(c) of the Labour Proclamation No. 377/2003, which continues to exclude persons holding managerial positions from the scope of the Proclamation, and accordingly from the provisions respecting weekly rest. While noting the Government’s previous indications that in practice the weekly rest period is granted to those holding managerial positions in the same way as to other workers, the Committee recalls that this entitlement should be guaranteed by a legislative provision. The Committee therefore once again requests the Government to take the necessary measures to give effect to Article 2(1) of the Convention, in relation to the persons concerned, in both law and practice.

Article 7, paragraphs (a) and (b). Posting of notices. In the absence of information on this point, the Committee once again requests the Government to indicate the measures adopted or envisaged concerning the obligation of employers to notify workers of days and hours of rest by means of notices or rosters, in accordance with this Article of the Convention.