CMNT_TITLE

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Denmark (RATIFICATION: 1958)

Other comments on C106

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Articles 7(2) and 8(3) of the Convention. Compensatory rest. The Committee recalls its previous comment that section 12 of Order No. 324 of 23 May 2002 on rest periods and days off, is not fully consistent with these Articles of the Convention since it provides that compensatory rest may in exceptional circumstances be replaced by “appropriate protection” and that section 56 of the Working Environment Act (Consolidated Act No. 1072 of 7 September 2010, as amended) reproduces in almost identical terms the same provision. In addition, the Committee noted the importance of the regularity of compensatory rest and referred to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which suggests that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. In its reply, the Government refers to sections 12, 18 and 27 of Order No. 324, which nonetheless also provide for “appropriate protection” other than compensatory rest when it is not possible for exceptional reasons to grant compensatory rest. While noting that the relevant provisions of the Working Environment Act and Order No. 324 essentially reproduce the provisions of the EU Working Time Directive 93/104, the Committee recalls that under Articles 7(2) and 8(3) of the Convention, granting compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted in all cases of authorized exceptions to the basic 24-hour weekly rest rule. The Committee accordingly requests the Government to re-examine the relevant provisions of the Working Environment Act with a view to ensuring that compensatory rest is granted without exception whenever deviations from the ordinary weekly rest scheme are authorized.