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

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3, paragraph 1, of the Convention. National policy. The Committee notes the Government’s statement that there is no national policy, but the social services subcommittee of the tripartite committee keeps the working conditions in hotels and restaurants under review. The Government is requested to provide concrete information on the activities of the subcommittee, including any recent surveys or studies concerning the social dimensions of the hotel and catering industry. Given the importance of this sector for the national economy, the Committee requests the Government to keep the Office informed of the formulation and implementation of any comprehensive strategies or policies which might be developed in consultation with employers’ and workers’ organizations for the improvement of the conditions of work in hotels, restaurants and similar establishments. The Committee would particularly appreciate receiving additional information on any national training schemes and programmes designed to improve the skills and enhance the career prospects of those employed in the hotel, restaurant and catering industry.

Article 4, paragraph 4. Advance notice of working schedules. While noting the Government’s reference to the employers’ obligation to maintain special registers showing the hours of employment of every employee, the Committee requests the Government to clarify whether any arrangements exist, for instance, by the posting of notices or otherwise, to ensure that the workers concerned have sufficient advance knowledge of working schedules, as laid down in this Article of the Convention.

Article 6, paragraph 2. Basic remuneration regardless of tipping. With reference to “tipping”, the Committee notes the Government’s indication that there is no national practice and that each establishment is allowed to make its own arrangement. The Committee requests the Government to specify the legal provision which expressly prevents “tipping” from being treated as remuneration and ensures that the basic fixed wage of the workers concerned may not be replaced by a system of voluntary gratuities, as required under this Article of the Convention.

Article 8. Means of application. Based on the Government’s previous indication that a few establishments have been unionized and apply higher standards to the workers concerned through collective bargaining agreements, the Committee again asks the Government to provide copies of any such agreements applicable to workers covered by the provisions of the Convention.

Part V of the report form. Application in practice. In the absence of any information on this point, the Committee asks the Government to supply in its next report up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, restaurant and catering industry, labour inspection results, and any other particulars bearing on the effect given to the Convention in practice.