Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 106) sur le repos hebdomadaire (commerce et bureaux), 1957 - Cameroun (Ratification: 1988)

Autre commentaire sur C106

Demande directe

Réponses reçues aux questions soulevées dans une demande directe qui ne donnent pas lieu à d’autres commentaires

2022

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Article 7(2) of the Convention. Special weekly rest schemes and compensatory rest. In its previous comment the Committee asked the Government to consider amending section 13 of Order No. 22/MLTS/DEGRE of 27 May 1969, (Order No. 22) since security guards housed by their employer at the workplace and who cannot be granted weekly rest receive compensatory rest which may, at their request, be accumulated and added to their annual leave, as a result of which they do not have a regular minimum rest period. The Committee notes the Government’s reply that the provision in question is due to be submitted to the Legislative Reform Committee of the Ministry of Labour and Social Security with a view to possible amendment. The Committee requests the Government to keep the Office informed of any further developments and to send a copy of the new legislative text, once it has been adopted.

Article 8(3). Temporary exemptions and compensatory rest. In the comments which it has been making since 2000, the Committee has noted that sections 10–12 of Order No. 22, which provide for the suspension of the weekly rest period in return for payment for the overtime worked but without granting compensatory rest, in the event of urgent work, rescue or repair work or work aimed at preventing the loss of perishable goods, do not comply with the requirements of Article 8(3) of the Convention. In its last report the Government indicates that section 88 of the Labour Code of 1992 provides explicitly for a weekly rest period of at least 24 consecutive hours which may on no account be replaced by monetary compensation. The Government points out that, under section 176 of the Labour Code, all previous provisions to the contrary, particularly those of Order No. 22, are repealed. While noting the Government’s explanations, the Committee considers that, in the interests of legal clarity and certainty, it would be advisable to formally revise the text of Order No. 22 in order to establish the general obligation of granting compensatory rest for any type of work done on the weekly rest day.

Furthermore, the Committee notes that section 51(3) of the new national collective agreement for commerce of 1 May 2012 includes the text of section 40(2) of the former collective agreement of 1979, which only provides for a higher rate of pay for overtime work performed on the weekly rest day without providing for a period of compensatory rest, as required by Article 8(3) of the Convention. Recalling that the weekly rest period may not be replaced by monetary compensation but must be granted independently of any cash compensation, the Committee requests the Government to draw the attention of the social partners to this point with a view to the appropriate follow-up.

Article 10. Inspection. The Committee notes the observations from the General Union of Workers of Cameroon (UGTC), received on 7 October 2013 and forwarded to the Government on 22 October 2013, in which the UGTC explains that the absence of any complaint regarding the application of the rules or provisions relating to weekly rest may be due to workers’ fear of losing their jobs. The Committee requests the Government to send any comment that it wishes to make in reply to the observations from the UGTC.