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Weekly Rest (Industry) Convention, 1921 (No. 14) - French Polynesia

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CMNT_TITLE

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

CMNT_TITLE

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee notes that the provisions of Decision No. 91-9 AT of 17 January 1991, now repealed, which was the subject of the Committee’s previous comments, have been reproduced in the Labour Code of 2011. The Committee notes that according to section Lp. 3222-30 of the Labour Code, the weekly rest of employees engaged in continuous manufacturing or operations in factories operating round the clock, may be deferred in part provided that the workers concerned have a number of rest periods of 24 consecutive hours at least equal to the number of weeks included in the period of work concerned. Section Lp. 3222-31 provides that the maximum length of such a period may be fixed in collective agreements, otherwise it may not exceed 12 weeks. The Committee points out in this connection that although the Convention sets no deadline for the grant of the compensatory rest, in keeping with the spirit of the Convention it must be granted within a reasonably short time. According to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), persons to whom special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee requests the Government to provide further details of: (i) the manner in which this issue is dealt with in existing collecting agreements; and (ii) a possible reconsideration of the 12-week deadline set in section Lp. 3222-31, since to work for virtually three months without receiving any weekly rest would entail risks for the workers’ health and well-being.

CMNT_TITLE

Article 4 of the Convention. Total or partial exceptions. The Committee notes that, under section 3 of Decision No. 2002-101 APF of 1 August 2002, industrial undertakings which are entitled to grant weekly rest on a rotation basis include undertakings which produce materials that are likely to deteriorate rapidly, those in which any stoppage of work would result in loss or depreciation of the product being manufactured and those involved in the processing of plastic materials. It also notes that an order adopted in the Council of Ministers is to establish a classification for the industries concerned. The Committee requests the Government to supply further details in this regard, including, if applicable, a copy of the order in question and also further details of any collective agreements which establish the possibility of work on Sundays, and also arrangements for such work, for the abovementioned industries.

The Committee would also be grateful if the Government would continue to supply general information on the practical application of the Convention in accordance with Part V of the report form.

CMNT_TITLE

See under France.

CMNT_TITLE

The Committee notes the information provided in the Government's reports on the application of the Convention. It would be grateful if the Government would send a copy of Act No. 86-845 of 17 July 1986, and in due course a copy of the territorial rules of application. Please indicate also whether the respective territorial rules previously applicable continue in force meanwhile.