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

Article 7, paragraph 1, and Article 11, paragraph (a) of the Convention. Special weekly rest schemes. The Committee notes that the Government’s report replies partially to the points raised in the previous direct request. It is therefore obliged once again to draw the Government’s attention to section 43(1) of Working Environment Act No. 70 of 2000, which exempts from the general rule on Sunday weekly rest persons performing work for the advancement of society or necessary for the maintenance of values. Recalling that the Convention allows for the exemption of specified categories of persons or specified types of establishments from the generally applicable weekly rest scheme where the nature of the work, the nature of the service performed, the size of the population to be served, or the number of persons employed, is such that the scheme cannot be applied, the Committee requests the Government to specify the categories of workers who regularly work on Sundays under section 43(1) of the Working Environment Act.

Article 8, paragraph 1. Temporary exemptions. The Committee notes that, under section 45(1) of the Working Environment Act, deviations from the rule on Sunday rest may be approved by the Working Environment Authority when the performance of the work makes it impossible to postpone or special working methods make deviations reasonable. Noting that the circumstances in which these temporary exemptions may be granted go beyond those specified in Article 8(1) of the Convention (i.e. accident, force majeure, urgent repair or maintenance work, abnormal pressure of work, or work to prevent the loss of perishable goods), the Committee requests the Government to explain how it is ensured compliance with this Article of the Convention. In addition, the Committee notes that, under section 45(4) of the Working Environment Act, the Minister may approve derogations from the rules on weekly rest in competence fields or special work disciplines where special circumstances make it necessary. In this connection, the Committee again asks the Government to indicate whether any such decisions have ever been taken and, if so, whether workers’ and employers’ organizations had been consulted in advance.

Article 8, paragraph 3. Compensatory rest. The Committee notes that section 43(2) of the Working Environment Act, which provides for compensatory rest only in the case of regular Sunday work, apparently does not apply to other types of derogations permitted under sections 44–45 of the Act. The Committee recalls, in this respect, that compensatory rest of a total duration of at least 24 hours for each period of seven working days must be granted, not only in cases of special weekly rest schemes (or permanent exemptions) but also in all cases of temporary exemptions. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to the Convention in this regard.

Part V of the report form. Application in practice. The Committee notes that for many years the Government has not supplied any general information on the manner in which the Convention is applied in practice. It therefore requests the Government to provide all available information in this regard, including, for instance, labour inspection results and statistics showing the number and nature of contraventions reported, relevant extracts from activity reports of the Working Environment Authority, etc.