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Article 6, paragraph 2. Maximum limits on additional hours of work. The Committee has been commenting for more than 25 years on section 87 of the Labour Code which permits a worker to be employed for four additional hours per day without setting any weekly, monthly or annual limit. The Committee has been pointing out that this provision goes far beyond the exceptions provided for in the Convention, i.e. permanent or temporary exceptions to the general standard of eight hours in the day and 48 hours in the week which are permissible only in the following cases: (a) for preparatory or complementary work, which must be carried on outside the limits laid down for the general working of an establishment, or for certain categories of workers whose work is essentially intermittent; and (b) so that undertakings may deal with exceptional cases of pressure of work.

The Committee has also been recalling that the Convention requires payment of all overtime at not less than one and one-quarter times the regular rate. In its last report, the Government maintains that workers who agree to work hours in excess of the prescribed amount are not entitled to overtime pay in order not to be tempted by financial gain and adds that the four additional hours of daily work were introduced in the early 1970s because of the first social and economic development plan of the 1969 Fateh Revolution which had a strong focus on infrastructure and housing construction. Moreover, contrary to reassurances given in earlier reports that legislative amendments were under preparation with a view to bringing the Labour Code into full conformity with the Convention, the Government in its last two reports no longer makes any reference to the process of revision of the general labour legislation.

In this regard, the Committee wishes to refer to paragraph 144 of its 2005 General Survey on hours of work in which it noted that even though the establishment of specific limits to the total number of additional hours is left to the competent authorities, this does not mean that such authorities have unlimited discretion in this regard. Such limits must be reasonable and they must be prescribed in line with the general goal of Conventions Nos 1 and 30, which is to establish the eight-hour day and 48-hour week as a legal standard of hours of work in order to provide protection against undue fatigue and to ensure reasonable leisure and opportunities for recreation and social life. The Committee asks the Government to take without further delay all necessary measures in order to amend section 87 of the Labour Code so as to (i) ensure that overtime is only allowed in the cases provided for in the Convention, (ii) establish, within reasonable limits, the maximum number of hours of overtime work which may be allowed in the year, and (iii) ensure that overtime work performed in either the public or the private sector in the case of temporary exceptions, is paid at least at the higher rate prescribed by Article 6(2) of the Convention.

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The Committee notes the Government’s latest reports and the information they contain in reply to its previous comments.

Article 1 of the Convention. Scope of application. The Committee requests the Government to supply copies of the following instruments: the Quarries and Mines Act No. 2/1971; the Industrial Organization Act, as amended; the Organization of Towns and Villages Act No. 5/1969; and the Commerce Act, 1953.

Article 6. Overtime. The Committee notes that section 87 of the Labour Code, as amended by Act No. 72 of 1972, still allows four hours’ overtime per day outside the specific cases provided in the Convention and without a weekly, monthly or annual limit. It also notes that, by virtue of the same provision, a worker is not entitled to a salary for overtime hours which he/she agrees to work beyond the prescribed limit except in the cases laid down by decision of the Ministry of Labour and Social Affairs, whereas Article 6, paragraph 2, of the Convention stipulates payment of all overtime at not less than one and one-quarter times the regular rate. Noting that in its latest reports the Government no longer mentions the Labour Code revision process, the Committee expresses the firm hope that section 87 of the Labour Code will be amended in the near future in order to bring it into conformity with the provisions of the Convention on these two matters and requests the Government to keep it informed of any developments in this regard.

In addition, the Committee notes that, in reply to its previous comments on the payment of overtime for civil servants, the Government refers to a decision of 9 November 1977 by the General People’s Committee regulating overtime for public employees. However, the Committee’s comments referred to a communication of 21 July 1981 of the General People’s Committee, hence later than the aforementioned decision, in which it ordered all public administrations and enterprises to stop providing compensation for overtime. The Committee once again requests the Government to supply further information on this matter, indicating whether the aforementioned communication of 21 July 1981 is still applicable.

Furthermore, the Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from labour inspection services and, if possible, statistical data on the number of workers covered by legislation, the number and nature of contraventions recorded, the number of additional hours actually worked, etc.

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The Committee notes the information sent by the Government in reply to its previous comments. It recalls that for many years it has been commenting on the need to amend section 87 of the current Labour Code which allows overtime to be worked without any of the restrictions provided for in the Convention, and to provide clarification concerning the application to public servants of Act No. 72 of 1972, which provides for a higher rate of pay for all additional work. The Government indicates that the new draft of the Labour Code, particularly section 64, gives full effect to the provisions of the Convention. The Committee trusts that this draft will be adopted as soon as possible and that the Government will not fail to give a detailed account in its next report of the amendments in respect of each of the matters raised. The Government is also asked to provide general information on how the Convention is applied in practice, in accordance with the information requested in Part VI of the report form.

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The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report in reply to its previous direct request. It notes the favourable opinion of the recently established technical committee regarding the need to amend section 87 of Labour Code No. 58 of 1970 and section 2 of Act No. 72 of 1972 (not available at the ILO) with a view to bringing national legislation into conformity with the Convention.

The Committee trusts that the Government will not fail to follow up this opinion in the near future. It requests it to keep the ILO informed of any progress in this respect.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's report in reply to its previous direct request. It notes the favourable opinion of the recently established technical committee regarding the need to amend section 87 of Labour Code No. 58 of 1970 and section 2 of Act No. 72 of 1972 (not available at the ILO) with a view to bringing national legislation into conformity with the Convention.

The Committee trusts that the Government will not fail to follow up this opinion in the near future. It requests it to keep the ILO informed of any progress in this respect.

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The Committee notes the Government's report in reply to its previous direct request. It notes the favourable opinion of the recently established technical committee regarding the need to amend section 87 of Labour Code No. 58 of 1970 and section 2 of Act No. 72 of 1972 (not available at the ILO) with a view to bringing national legislation into conformity with the Convention.

The Committee trusts that the Government will not fail to follow up this opinion in the near future. It requests it to keep the ILO informed of any progress in this respect.

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The Committee notes the information supplied by the Government in response to its previous direct request and the reports of the national committee responsible for examining international labour Conventions and Recommendations. It notes, in particular, that Labour Code No. 58 of 1970 has been submitted to the competent authorities, as amended to bring it into line with the provisions of this Convention.

It recalls in this respect that it asked the Government to amend the legislation to ensure that overtime is only allowed in the cases provided for in the Convention and that the maximum overtime authorized is determined in accordance with Article 6, paragraph 2, of the Convention.

The Committee asks the Government to provide a copy of the amended Labour Code as soon as it has been approved by the competent authorities.

Furthermore, the Committee notes that, according to the Government, Act No. 72 of 1972 (not available at the ILO) provides that the overtime rate is 50 per cent higher than the normal wage. However, in its previous comment, the Committee referred to a communication of 21 July 1981 and noted that it had been decided to stop providing compensation for additional work in all public offices and enterprises. The Committee would be grateful if the Government would clarify these matters. It also asks the Government to provide all available data on the number of additional hours worked in the cases referred to in Article 3 and 6 of the Convention and on the rates actually paid, together with more general information on the practical application of the Convention (Part VI of the report form).

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Article 6 of the Convention. The Committee takes note of the information supplied by the Government in its last report. It notes in particular that a tripartite committee has been set up to examine the comments that are still outstanding and has recommended that section 87 of the Labour Code, No. 58 of 1970, be amended to bring its provisions into conformity with those of Articles 2 and 6. The Committee recalls that to employ a worker for three additional hours per day, or on his weekly rest day, without prescribing any other restrictions (e.g. a monthly or annual limit) exceeds by far the exceptions authorised by the Convention and is definitely contrary to the spirit in which the Convention was drafted. It trusts that sections 87 and 88 will be amended to take account of the foregoing in the very near future and that regulations made by public authority will determine the circumstances in which recourse may be had to overtime, and the maximum number of additional hours, in accordance with Article 6, paragraph 2. It requests the Government to keep the International Labour Office informed of any developments in this respect.

The Committee also notes that the communication of 21 July 1981, whereby the General People's Committee ordered all public administrations and enterprises to stop providing compensation for additional work, applies to all the public establishments covered by the Convention and deals essentially with the additional work covered by section 87 of the Code. The Committee recalls that Article 6, paragraph 2, prescribes that the rate of pay for overtime shall not be less that one and one-quarter times the regular rate, and trusts that the situation in public establishments will be brought into conformity with Article 6 and that the above-mentioned provisions of the Labour Code will be amended.