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CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions No. 1 (hours of work), Nos 14 and 106 (weekly rest), and No. 89 (women’s night work), together. Following its last comments, the Committee notes that the Government provides information in its reports on the provisions of the General Labour Act of 2015 (Act No. 7/15, thereafter, the Act) implementing the Conventions.

Hours of work

Article 2(b) of Convention No. 1. Variable distribution of hours of work during the week. The Committee notes that the Act establishes that normal hours of work are limited to eight hours a day and 44 hours a week (section 95(1)). The Act allows variable distribution of working hours by collective or individual agreement (section 3(17) and (34) and section 97(2)). The Committee notes that: (i) section 95(2) allows normal weekly working hours to be increased to 54 hours in case of modulated or variable working hours; and section 95(3), which sets limits to the possible extension of daily working hours, appears to apply only to intermittent work. The Committee recalls that Article 2(b) allows regular averaging of hours of work within the limits of 48 hours per week and nine hours per day. It also requires such working-time arrangement be adopted with the sanction of the competent public authority, or by agreement between employers’ and workers’ organizations. The Committee therefore notes that the regular averaging scheme under the Act is not fully in conformity with the Convention given that: (i) the weekly limit set in section 95(2) exceeds the 48-hour limit set in the Convention; (ii) no clear limit of nine hours per day is established in this context; and (iii) regular averaging schemes can be provided for by individual agreements. The Committee therefore requests the Government to review the corresponding provisions of the Act in light of the Article 2(b). It also request the Government to provide information on the implementation of regular averaging schemes in practice.
Article 5. Variable distribution of working hours over periods longer than the week. The Committee notes that section 104 of the Act provides for special working-time arrangements whereby continuous work is performed for a maximum of four weeks followed by an equal period of rest. According to section 104(2)(e), hours of work are calculated on an annual basis, based on a 44 hours working week. In this scheme, if shift work is involved, the daily hours of work may be up to 12 hours. No daily limit is otherwise specifically set. The Committee recalls that Article 5 allows for variation of daily limit of work over periods longer than a week only in exceptional cases and such variation may be established through agreement between workers’ and employers’ organizations to which the Government may give the force of regulations. The Committee requests the Government to provide information on the circumstances in which the working-time arrangements foreseen under section 104 of the Act may be implemented.
Article 6(2). Rate of pay for overtime. The Committee notes that section 117 of the Act provides that workers of small and micro-sized enterprises shall be remunerated for overtime with an increase of the rate of normal hours of work of 20 per cent and 10 per cent respectively, whereas workers in larger enterprises get much more favourable rates (up to 75 per cent in certain cases). The Committee requests the Government to take the necessary measures to ensure compliance with Article 6(2), which requires a rate of pay for overtime not less than one and one-quarter times the regular rate, regardless of the size of the enterprise.

Weekly rest

Article 7(1) of Convention No. 106. Permanent exceptions to the normal weekly rest scheme. With reference to the scheme provided for under section 104 of the Act, as described above, the Committee recalls that Article 7(1) provides that special weekly rest schemes can only be introduced with respect to specified categories of persons or specified types of establishments covered by the Convention (commerce and offices). Further to its request under Convention No. 1 above, the Committee therefore asks the Government to specify the categories of persons or types of establishments covered by the Convention in which the working-time arrangements foreseen under section 104 of the Act may be implemented.
Article 4(1) of Convention No. 14 and Article 7(4) of Convention No. 106. Consultations with representative employers’ and workers’ organizations in case of permanent exceptions. The Committee notes that section 119 of the Act provides for the possible adoption of permanent exceptions to the normal weekly rest scheme, whereby weekly rest can be given on a day other than Sunday, in case of continuous work or for reasons of public interest or technical reasons. The same provision refers to decisions of the public authorities to determine the specific activities or establishments concerned. The Committee recalls that Article 4(1) of Convention No. 14 and Article 7(4) of Convention No. 106 provide that measures concerning permanent exceptions to weekly rest shall be adopted in consultations with representative employers’ and workers’ organizations. The Committee requests the Government to provide information on the decisions adopted in application of section 119 of the Act and the consultations held in this regard.

Women’s night work

Article 3 of Convention No. 89. Prohibition of women’s night work. The Committee notes that section 245(1)(b) of the Act prohibits women form working at night in industrial undertakings. While noting that the Act also provides for exceptions and possible derogations from this principle, the Committee recalls that that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (see 2018 General Survey on working-time instruments, paragraph 545). The Committee therefore invites the Government to review the provisions of section 245 of the Act in light of this principle and in consultation with the social partners. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

CMNT_TITLE

The Committee takes note of the adoption of the General Labour Law (Law No. 7/15 of 21 April 2015). The Committee requests the Government to indicate the provisions of the new law which give application to the Convention.
In addition, the Committee notes with regret that the Government’s report has not been received. It expresses concern in this respect. It hopes that the next report will contain full information on the application of the Convention.

CMNT_TITLE

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 comments.
Repetition
Articles 2 and 6 of the Convention. Limits on normal daily and weekly hours of work and permissible exceptions. The Committee notes the observations made by the National Union of Angolan Workers (UNTA) of 2008 concerning the application of the Convention. The UNTA indicates that contrary to section 321 of the General Labour Act No. 2/2000, which provides for the adoption of regulations for the implementation of the Act within 18 months from the date of its entry into force, no such regulations have so far been adopted, and as a result, numerous categories of workers currently excluded from the scope of application of the General Labour Act remain unprotected. While noting that no industrial workers appear to be excluded from the General Labour Act under section 2 of the Act, the Committee requests the Government to provide clarifications with regard to the adoption of the regulations provided for in section 321 of the Act, especially in so far as they may impact on the matters dealt with in the Convention. In addition, the Committee requests the Government to provide in its next report detailed information on the points raised previously regarding the application of Articles 5 (standby and alternating working time arrangements), 6 (temporary exceptions), 7 (list of exceptions) and 8 (sanctions) of the Convention.

CMNT_TITLE

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:
Repetition
Articles 2 and 6 of the Convention. Limits on normal daily and weekly hours of work and permissible exceptions. The Committee notes the observations made by the National Union of Angolan Workers (UNTA) of 2008 concerning the application of the Convention. The UNTA indicates that contrary to section 321 of the General Labour Act No. 2/2000, which provides for the adoption of regulations for the implementation of the Act within 18 months from the date of its entry into force, no such regulations have so far been adopted, and as a result, numerous categories of workers currently excluded from the scope of application of the General Labour Act remain unprotected. While noting that no industrial workers appear to be excluded from the General Labour Act under section 2 of the Act, the Committee requests the Government to provide clarifications with regard to the adoption of the regulations provided for in section 321 of the Act, especially in so far as they may impact on the matters dealt with in the Convention. In addition, the Committee requests the Government to provide in its next report detailed information on the points raised previously regarding the application of Articles 5 (standby and alternating working time arrangements), 6 (temporary exceptions), 7 (list of exceptions) and 8 (sanctions) of the Convention.

CMNT_TITLE

Articles 2 and 6 of the Convention. Limits on normal daily and weekly hours of work and permissible exceptions. The Committee notes the observations made by the National Union of Angolan Workers (UNTA) concerning the application of the Convention. The UNTA indicates that contrary to section 321 of the General Labour Act No. 2/2000, which provides for the adoption of regulations for the implementation of the Act within 18 months from the date of its entry into force, no such regulations have so far been adopted, and as a result, numerous categories of workers currently excluded from the scope of application of the General Labour Act remain unprotected. While noting that no industrial workers appear to be excluded from the General Labour Act under section 2 of the Act, the Committee requests the Government to provide clarifications with regard to the adoption of the regulations provided for in section 321 of the Act, especially in so far as they may impact on the matters dealt with in the Convention. In addition, the Committee requests the Government to provide in its next report detailed information on the points raised previously regarding the application of Articles 5 (standby and alternating working time arrangements), 6 (temporary exceptions), 7 (list of exceptions) and 8 (sanctions) of the Convention.

CMNT_TITLE

Article 2 of the Convention. Exemption of persons holding managerial positions. The Committee notes the Government’s explanation that section 107(2) in the General Labour Act No. 2/00 of 11 February 2000 seeks to exempt from working time rules, persons performing responsible and confidential functions or holding positions of trust and control, and therefore the exclusion clause of Article 2(a) of the Convention applies.

Article 5. Standby and alternating working-time arrangements. Further to its previous comment, the Committee notes the Government’s indication that, under the standby arrangements provided for in section 120(2) of the General Labour Act, workers still receive pay for the time spent on standby. As regards alternating working-time arrangements (i.e. four continuous working weeks followed by an equal period of rest) provided for in section 121(1) of the General Labour Act, the Committee is bound to observe that such arrangements are incompatible with the requirements of the Convention. It recalls that the Convention lays down a double limit of daily and weekly hours of work which may be exceeded only in limited and well-circumscribed circumstances. It refers, in this connection, to paragraph 57 of the General Survey of 2005 on hours of work in which it pointed out that the limitations on normal working hours laid down in the Convention should be viewed as strict maximum limits which are not liable to variation or waiver at the free will of the parties. The Committee therefore requests the Government to amend the provisions of the General Labour Act concerning alternating working-time arrangements in order to bring them into line with the Convention.

Article 6, paragraph 1(b). Temporary exceptions. While noting the Government’s statement that work schedules are subject to the approval of the general labour inspectorate, the Committee observes that section 102 of the General Labour Act, which permits overtime in case of imperative needs of production or services, goes beyond the scope of temporary exceptions that may be allowed under this Article of the Convention. The Committee therefore requests the Government to consider appropriate amendments to bring the General Labour Act into full conformity with the Convention on this point.

Article 7. List of exceptions. The Committee notes the Government’s reference to section 20(2) of the Strike Act enumerating the establishments that are required to provide uninterrupted services and thus ensure a minimum service in the event of strike action. The Committee observes in this regard that the establishments concerned do not necessarily operate under exceptional working-time arrangements, such as those provided for in Articles 4, 5 and 6 of the Convention, simply because they provide essential services (the nature of the services provided by these undertakings may have some bearing on the right to strike of their employees but is not strictly relevant to the organization of the working time). The Committee therefore once again requests the Government to provide, in accordance with Article 7 of the Convention: (i) a list of all industrial enterprises which may exceed the weekly 48-hour limit within a maximum of 56 hours on the average by reason of the continuous nature of the process (Article 4); (ii) full particulars on any agreements on extended daily limits of work over a certain number of weeks due to exceptional circumstances (Article 5); and (iii) detailed information on any regulations authorizing permanent or temporary exceptions from the standard hours of work on specific grounds (Article 6).

Article 8(2). Sanctions. While noting the Government’s statement that it is an offence to employ workers beyond the authorized maximum number of working hours, the Committee requests the Government to indicate the legal provisions which prescribe specific sanctions for failure to comply with the national legislation on working time.

Part VI of the report form. Noting that the Government has not provided general information on the practical application of the Convention for a number of years, the Committee requests the Government to supply together with its next report up to date information, including, for instance, statistics – if possible broken down by occupational category and gender – on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number of contraventions of the working-time rules and sanctions imposed, copies of official documents or reports addressing working-time issues or any difficulties encountered in the implementation of the Convention, etc.

CMNT_TITLE

The Committee notes the information provided in the Government’s report, in particular the adoption of the General Labour Act of 11 February 2000.

Article 1 of the Convention. The Committee notes that under section 107(2) of the General Labour Act, workers who perform on the employer’s behalf functions of trust or control, and workers who regularly work in varying places outside the fixed workplace, such that their work is not directly supervised or controlled, may be exempted from the working time rules, subject to authorization by the General Labour Inspectorate. The Committee requests the Government to specify whether any workers coming within the scope of the Convention have been exempted by the General Labour Inspectorate and, if so, whether their hours of work and overtime pay are regulated in accordance with the requirements of Articles 2 and 6 of the Convention.

Article 5. The Committee notes that under section 120(1) of the General Labour Act, stand-by arrangements may be made for certain categories of workers. The Committee recalls that in the absence of a clear definition of "stand-by" in the Convention, if the time spent on stand-by is time during which the employee is effectively at the disposal of the employer, then these hours must be regarded as working time and be paid their normal rate of pay. Moreover, the Convention does not provide for alternative working time arrangements such as those provided for in section 121(1) of the General Labour Act. The Committee reminds the Government that the limits prescribed in Articles 2 and 5 of the Convention should be considered as elementary guarantees to safeguard the health and welfare of workers and protect them against the risk of abuse. The Committee therefore requests the Government to indicate how it is ensured that the time spent on stand-by and alternative working time arrangements conforms to the limits contained in the Convention and to consider amendments, where necessary, to bring its legislation into line with the Convention in this respect.

Article 6. The Committee notes that section 102(2)(d), (e) and (g) of the General Labour Act allows for overtime work for the performance of tasks which fall outside the scope of temporary exceptions specified in the Convention, in particular, overtime for the substitution of workers, movement, transformation or processing of easily perishable products, and extension of work up to 30 minutes after closure. Recalling that temporary exceptions should only be allowed in exceptional cases of pressure of work, the Committee requests the Government to consider appropriate modifications in order to bring the General Labour Act into closer conformity with the Convention in this regard. It also requests the Government to clarify whether all regulations in respect of supplementary hours of work are made after consultations with the organizations of employers and workers concerned.

Article 7. The Committee would be grateful if the Government would supply in its next report detailed information on: (i) the enterprises which are deemed to be necessarily continuous in character for the purposes of Article 4 of the Convention; (ii) the working of any agreements falling within the meaning of Article 5 of the Convention; and (iii) the regulations of permanent and temporary exceptions, as required under this Article of the Convention and Part III of the report form.

Article 8, paragraph 2. The Committee requests the Government to indicate whether it is an offence to employ any person beyond the maximum number of hours fixed by law, and if so, to specify the legal provisions establishing appropriate sanctions in case of infringements.

Part V of the report form. The Committee requests the Government to provide general information on the practical application of the Convention, including, for instance, statistics on the number of workers, by occupational category and gender, who are covered by the relevant legislation, extracts from official reports and information on any difficulties encountered in the implementation of the Convention.

CMNT_TITLE

The Committee notes the last report of the Government on the application of the Convention. It requests it to supply, in conformity with Part III of the report form, a detailed list of work classified as a continuous process within the meaning of Article 4 of the Convention. Moreover, in order to more fully appreciate the effect given to the various provisions of the Convention, the Committee requests the Government to supply all other appropriate information called for under Part III, as well as that called for under Part VI of the report form.

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