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

Articles 1 and 2 of the Convention. Scope of application. Right to weekly rest. The Committee notes that in a previous report the Government indicated that public servants are exempt from the normal weekly rest scheme as they are expected to be at the disposal of the Government for 24 hours every day, including Sunday. In this respect, the Committee notes that, under the terms of the Public Service Act, 2005, the Labour Code Order 1992 does not apply to this category of workers. The Committee therefore requests the Government to indicate whether public employees are engaged in industrial enterprises covered by the Convention and, if so, to specify the weekly rest scheme applicable to them.

Article 4. Total or partial exceptions. Further to its previous comment concerning the exceptions to the normal weekly rest scheme granted by the Minister under section 119(3) of the Labour Code Order, 1992, the Committee notes the Government’s indication that since 2006 the workers of the mining company Letseng Diamonds (Pty) Ltd have been covered by an exemption from the weekly rest scheme established under section 117 of the Labour Code. It notes that these workers were in agreement, principally in view of the distance between their workplace and their homes, to work 12 hours a day for a period of six days, thereby obtaining a period of 96 uninterrupted hours of rest after each period of three weeks of work. However, the Committee notes that under the terms of section 4(3) and (4) of the Labour Code (Letseng Diamonds Exemptions on Hours of Work) Regulations 2005, employees may be allowed to work for up to a maximum of 14 days continuously followed by at least seven continuous rest days prior to their subsequent shift. It also notes that section 9(2) of the Regulations provides that they are valid for a maximum period of two years, after which the company has to reapply for an exemption giving the full account of the application of the provisions of national labour standards, including the provisions of these Regulations. The Committee therefore requests the Government to indicate the weekly rest scheme currently applicable to workers in this enterprise and to provide copies, where appropriate, of relevant texts adopted in the meantime.

The Committee also notes the Government’s indication that the Minister will soon publish two regulations under which the workers in two textile factories will be exempted from the weekly rest scheme established by section 117 of the Labour Code, particularly in view of the reduced hours of work resulting from electricity cuts. It further notes that the Government will provide copies of the regulations when they have been published.

Article 5. Compensatory rest. The Committee notes that, under the terms of section 117(2) of the Labour Code Order, 1992, whenever an employee is required to work on his or her day of weekly rest, the employer shall pay him or her for such work at double the employee’s wage rate for an ordinary work day. The Committee recalls in this respect the importance of compensatory rest periods for the protection of the health and well-being of workers and observes that Article 5 establishes the requirement for the provision, as far as possible, of compensatory periods of rest in cases where total or partial exceptions are applied to the normal weekly rest scheme. The Committee hopes that the Government will be in a position to ensure in all cases the granting of a compensatory rest period to workers who are employed on their weekly rest day, irrespective of the higher wage rate granted under section 117(2) of the Order.

Article 7. Notices and rosters. The Committee notes that the Labour Code Order, 1992, does not reflect the requirements of Article 7 of the Convention and requests the Government to indicate in future reports the measures adopted or envisaged to give effect to this provision (the posting of notices and the drawing up of rosters showing days and hours of rest).

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, extracts from reports of the inspection services indicating the number of contraventions reported in relation to the weekly rest period, the number of workers covered by the legislation, 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 continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). In this respect, it recalls that the Government may, if it so wishes, request ILO technical assistance, particularly in relation to legislative modifications resulting from the possible ratification of Convention No. 106. The Committee invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decision adopted or envisaged in this respect.