Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

Article 5 of the Convention. Compensatory periods of rest. The Committee previously noted that under section 82 of the Labour Code of 15 May 1997 (Text No. 417), work performed on a weekly rest day may be compensated by means of either an alternative day off or cash payment at a higher rate. It emphasized that the Government had to take measures, as far as possible, for granting compensatory periods of rest for any suspension or diminution of the period of weekly rest regardless of any cash compensation. The Committee notes that the Government did not provide information in this regard. The Committee is bound to draw the Government’s attention to the fact that Article 5 of the Convention only provides for a compensatory period of rest, whereas it is not foreseen that a worker could claim financial compensation instead. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to Article 5 of the Convention.

Article 7. Notices and rosters. The Committee previously requested the Government to specify any legal provision giving effect to the requirement, under Article 7 of the Convention, to post notices or draw up rosters in order to keep workers informed of the weekly rest scheme applicable to them. The Committee, while taking note of the Government’s indication that section 80 of the Labour Code provides for organizations where there is a need for continuous work to set days off by agreement with the local government authorities, also notes that the text of this section does not require the posting of notices in cases where the weekly rest is given to the whole of the staff collectively as required under Article 7(a) of the Convention. The Committee requests the Government to take measures in order to ensure full compliance with Article 7(a) of the Convention.