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 once again bound to draw the Government’s attention to the following points.

Article 3 of the Convention. Scope of application – establishments, institutions and administrative services providing personal services. The Committee notes the adoption of Labour Proclamation No. 377/2003 repealing Labour Proclamation No. 42/1993. Further to its previous comments, the Committee notes that the regulations governing conditions of work applicable to personal services, envisaged in section 3(3)(c) of Proclamation No. 377/2003, have still not been issued by the Council of Ministers. The Committee once again requests the Government to take the necessary measures for the adoption of these regulations and to keep the Office informed of any progress achieved in this respect.

Post and telecommunications services, newspaper undertakings, theatres and places of public entertainment. The Committee notes that section 70(1) and (2) of Labour Proclamation No. 377/2003 provides for the establishment of special schemes for activities that are similar or identical to those referred to in Article 3(1)(b)–(d) of the Convention, thereby ensuring the application of the Convention in establishments engaged in these activities. It recalls that, under the terms of Article 3(2) of the Convention, the Government may, at any time, communicate to the Director-General of the International Labour Office a declaration accepting the obligations of the Convention in respect of post and telecommunications services, newspaper undertakings and theatres and places of public entertainment. The Committee once again invites the Government to communicate such a declaration to the Office.

Commercial representatives. The Committee notes that section 72(1) of Labour Proclamation No. 377/2003 excludes commercial representatives from the scope of application of the provisions respecting the weekly rest period. The Committee requests the Government to indicate the manner in which the weekly rest period of the workers concerned is ensured.