Demande directe (CEACR) - adoptée 2021, publiée 110ème session CIT (2022)

Repetition

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee recalls its previous comments in which it noted that sections 13 to 15 of Decree No. 62-150 of 28 March 1962 provide for exemptions to weekly rest without any compensatory rest in case of urgent work, in industries that process perishable goods or have to cope at certain times with an exceptional workload, and for the loading and unloading of goods at ports, landing stages and stations. The Committee notes in this connection the comments of the General Confederation of Workers’ Unions of Madagascar (CGSTM) received on 2 September 2013 and forwarded to the Government on 19 September 2013. The CGSTM indicates that the grant of weekly rest is for the most part respected, but objects that to date no draft decree has been submitted to the National Labour Council pursuant to section 80 of the Labour Code in order either to determine arrangements for the application of weekly rest or to update Decree No. 62-150 setting forth such arrangements. In its reply, the Government states that, in view of the current crisis in Madagascar, it is impossible to embark on a legislative amendment process. The Committee hopes that, as soon as the situation in the country allows, the Government will take the necessary steps to guarantee, as far as possible, compensatory periods of rest in the instances given in sections 13 to 15 of Decree No. 62-150, in accordance with Article 5 of the Convention.