Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 7 and 8 of the Convention. Permanent and temporary exemptions. Compensatory rest. The Committee recalls that it has been making comments since 1983 on the application of Article 8(3) of the Convention, particularly with regard to section 11 of Order No. 1545 of 23 December 1953 which appears to authorize the suspension of weekly rest without providing for compensatory rest in certain cases. The Committee notes with regret that, despite the adoption of the new Labour Code (Act No. 133/AN/05/5^eL of 28 January 2006), no provision specifically provides for the granting of compensatory rest of a minimum duration of 24 consecutive hours in the event that temporary, total or partial exemptions are authorized from the period of weekly rest: (a) in case of accident, actual or threatened, force majeure or urgent work to premises and equipment; (b) in the event of abnormal pressure of work due to special circumstances; and (c) in order to prevent the loss of perishable goods. However, the Committee notes that section 97 of the Labour Code provides for the adoption of an order upon the proposal of the minister responsible for labour, after seeking the opinion of the National Labour, Employment and Vocational Training Council (CNTEFP), in order to determine the arrangements governing weekly rest for certain occupations and the conditions for granting such rest on a day other than Friday, or by individual or collective rotation, for two half days or for a period longer than 24 hours. Furthermore, it appears from the information provided by the Government in its last report on the Weekly Rest (Industry) Convention, 1921 (No. 14), that issues relating to the suspension of weekly rest or compensatory rest lie within the competence of the CNTEFP. The Committee hopes that the Government will take into account the comments that it has been making for many years concerning the need to give full effect to Article 8(3) of the Convention and requests it to indicate whether the order envisaged in section 97 of the Labour Code has been issued. If so, it requests the Government to provide a copy, as well as any other information relating to the work of the CNTEFP concerning the regulation of the weekly rest period.

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, such as extracts from the reports of the inspection services, information on the number of workers covered by the relevant legislation, the number and nature of the contraventions reported and the penalties imposed.