CMNT_TITLE

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - France (RATIFICATION: 1971)

Other comments on C106

Observation

Direct Request

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Follow-up to the conclusions of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that, in March 2016, the Governing Body adopted the report of the tripartite committee set up to examine the representation made in 2014 by the Federation of Salaried Employees and Managerial Staff of the General Confederation of Labour–Force Ouvrière (CGT–FO) on the application of the Convention (GB.326/INS/15/8).

Articles 6(2) and 7 of the Convention. Exemptions to Sunday rest. Further to its previous comments, the Committee notes the information provided by the Government in its report, both on the legislative provisions governing weekly rest and the authorized exemptions and on the application in practice of the Convention. It notes in particular the Government’s indication that, according to a 2018 study of the Directorate of Research, Studies and Statistics (DARES), recourse to Sunday work has changed little since 2015, even with the change in regulations that followed the adoption of Act No. 2015-990 of 6 August 2015 on economic growth, activity and equality of opportunity. The Government also refers to a decision of the Council of State of 28 July 2017 upholding Decree No. 2015-1173 of 23 September 2015 implementing the provisions of the Act of 6 August 2015, with the exception of one of the criteria established by this Decree in section R.3132-20-1 of the Labour Code to limit the commercial areas in which exemptions to Sunday rest may be made. The Committee also notes the conclusions of the tripartite committee, which recalled in particular that any measures relating to exemptions to the principle of weekly rest should be adopted in consultation with the social partners, in accordance with the Convention.