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

Articles 2 and 5 of the Convention. Working hours – Annualized averaging. Further to its previous observation, the Committee notes the Government’s statement that no amendment is envisaged to the Act of 17 March 1987 on the introduction of new work regimes in enterprises. It recalls that the purpose of the Act is very broad, namely to enable the extension or adaptation of operating time in the enterprise and promote employment. It also notes that, under such regimes, hours of work may be increased to 12 a day with no absolute weekly limit (other than the 84 hours corresponding to seven days of 12 hours), and that average weekly hours of work over a period of reference of up to one year may not exceed 40. Lastly, the Committee points out that the new work regimes, which allow major exemptions from the normal rules on hours of work, may be established by collective agreement but also, where there is no union representation in the enterprise, by amendment of the work regulations. The Committee is bound to reiterate its concern at the extent of the flexibility afforded by the abovementioned provisions, particularly in small enterprises with no trade union representation. The Committee recalls that, in its General Survey of 2005 on hours of work (paragraph 227), it pointed out that, in order to be compatible with the Convention, annualized working-hour arrangements must satisfy simultaneously the following three conditions: “(i) the arrangement is introduced in an ‘exceptional case’ where it is recognized that the eight-hour and 48-hour limits cannot be applied; (ii) the arrangement is introduced through an agreement between workers’ and employers’ organizations transformed into regulations by the government, to which this agreement is submitted; (iii) the average number of hours worked per week over the number of weeks covered by any such agreement does not exceed 48”. The Committee requests the Government to take steps to reduce the authorized daily working hours and to set a reasonable cap on weekly hours of work in the context of the new work regimes.

The Committee is raising other matters in a request addressed directly to the Government.