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

Article 2 of the Convention. Workers’ right to weekly rest. The Committee notes the comments made by the Confederation of Private Sector Workers (CTSP) according to which following the entry into force of the Employment Rights Act 2008, all workers of the private sector are compelled to work on two Sundays in a period of one month. The CTSP indicates that since Sunday is considered as a public holiday and as such any work performed on a Sunday should be remunerated at double the regular rate, it is now an obligation for the workers of the private sector to perform overtime by working on two Sundays in a month.

In its reply, the Government refutes as unfounded the argument of the CTSP that overtime in the form of Sunday work has become compulsory. It indicates that section 14(5) of the Employment Rights Act, which specifies that every worker is entitled to a rest day of at least 24 consecutive hours in every period of seven consecutive days, and that the rest day must at least twice a month be a Sunday, or any other day agreed upon between the worker and the employer, is consistent with Article 2(3) of the Convention which requires that the weekly rest, wherever possible, be fixed so as to coincide with the days already established by tradition or custom. The Government adds that the introduction of some form of flexibility as regards the rest period was meant to cater for an increasing number of enterprises which by nature of their operational requirements need to work on a seven day basis.

While noting the Government’s explanations, the Committee is bound to observe that contrary to the Government’s declared intention, section 14(5) of the Employment Rights Act does not merely introduce another exception designed to respond to the needs of the specified types of industrial undertakings such as those for instance that for technical reasons must operate continuously if they are to maintain their efficiency, but introduces a permanent exemption of general application so that in reality the basic standard of Sunday weekly rest is for all practical purposes removed from the national legislation. The Committee wishes to recall that the Convention is articulated around three basic principles, i.e. continuity (a period of weekly rest comprising at least 24 consecutive hours), regularity (weekly rest to be enjoyed in every period of seven days), and uniformity (weekly rest to be granted, wherever possible, simultaneously to all the persons concerned and to coincide, wherever possible, with the traditional day of rest). Noting that section 14(5) of the Employment Rights Act 2008 does not fully reflect these principles, the Committee hopes that the Government will re‑examine on the next suitable occasion, the relevant provisions of the Employment Rights Act with a view to bringing them into line with the letter and the spirit of the Convention, in full consultation with the representative employers’ and workers’ organizations concerned.