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Hours of Work (Commerce and Offices) Convention, 1930 (No. 30) - Equatorial Guinea (RATIFICATION: 1985)

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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 Nos 1 (hours of work in industry), 14 (weekly rest in industry) and 30 (hours of rest in commerce and offices) together.
Legislative developments.The Committee notes the adoption of Act No. 4/2021 of 3 December 2021, the General Labour Act (GLA), containing provisions implementing the Conventions. The Committee also notes that the GLA repealed Act No. 10/2012, of 24 December 2012, on the General Labour Ordinance.
Articles 1 and 2 of Convention No. 1, Article 1 of Convention No. 30 and Articles 1 and 2(1) of Convention No. 14. Scope of application. The Committee notes that article 5(1) and (9) of the GLA excludes from its scope of application civil servants governed by special regulations, as well as the activity of persons involved in trade operations for one or more employers, provided that they are personally liable for the successful completion of the operations and accept responsibility for the risk. The Committee also notes that section 77(5)(c) of the GLA provides that the hours of work provided for in 77(1) do not apply to workers performing functions which by their nature are not subject to fixed hours of work. The Committee requests the Government to specify how hours of work and weekly rest are regulated in law and in practice for: (i) civil servants; (ii) persons involved in trade operations for one or more employers; and (iii) personnel performing functions that are not subject to fixed hours of work. The Committee also requests the Government to provide examples of categories of workers whose functions are not subject to fixed hours of work.

Hours of work.

Article 6(a) of Convention No. 1 and Articles 7(1)(a) of Convention No. 30. Permanent exceptions. The Committee notes that under section 77(5)(b) of the GLA, the working hours of workers performing intermittent work shall not exceed 12 hours unless otherwise agreed with the employer. The Committee notes that this provision does not include a specific definition of the categories of workers who perform intermittent work and that the 12 hours of work set by section 77(5)(b) may be extended by agreement between the employer and the worker without specifying a maximum limit of hours of work. The Committee recalls that inherently “intermittent work” should be defined narrowly, as work which is not concerned with production as such and which, by its nature, is interrupted by long periods of inaction, during which the workers concerned have to display neither physical activity nor sustained attention, and remain at their post only to reply to possible calls (2018 General Survey concerning working-time instruments, paragraph 94). The Committee requests the Government to indicate how it ensures that section 77(5)(b) of the GLA applies exclusively to categories of workers whose work is inherently intermittent, that is interrupted by long periods of inaction, and that there is a specific maximum limit of numbers of hours of work.
In addition, the Committee notes that section 77(5)(d) of the GLA sets out that for offshore workers, the maximum duration of hours of work shall be 12 hours, eight of which are statutory and four overtime. Recalling that exceeding the permissible hours of work is allowed in Convention No. 1 (Articles 3 and 6) only under narrow conditions, the Committee requests the Government to indicate under what conditions and to what extent overtime may be imposed on offshore workers.
Article 6(1)(b) of Convention No. 1 and Articles 7(2)(d) of Convention No. 30.Temporary exceptions. Circumstances. Exceptional cases of pressure of work. The Committee notes that section 78(1) of the GLA provides that hours of work may be extended by two hours a day for the purpose of carrying out preparatory or additional work which must necessarily be performed outside normal working hours, or to enable the employer to deal with exceptional cases of pressure of work. It provides also that the scope of such exceptions shall be detailed in a regulation, after consultation with the employers’ and workers’ organizations. The Committee requests the Government to indicate the measures taken or envisaged to adopt regulations specifying the scope of the exceptions for which overtime work is authorized by section 78(1) of the GLA. In that case, the Committee requests the Government to indicate the employers’ and workers’ organizations consulted in the process of developing these regulations.

Weekly rest.

Articles 2 and 4 of Convention No. 14. Principle of weekly rest. Special weekly rest schemes. The Committee notes that section 79(c) of the GLA provides that workers are entitled to a rest day, preferably Sunday, if they have worked for at least six consecutive days. In addition, section 80 of this Act establishes that enterprises shall remain closed on Sundays and that exemptions from this provision concern enterprises or establishments which, for reasons of public interest or for technical reasons, are required to maintain their activity on all or some of these days, in accordance with the decision of the Government subsequent to hearing the occupational organizations, where they exist or according to custom. The Committee requests the Government to provide information on the application of section 80 of the GLA in practice, specifying: (i) the types of establishments and categories of workers included in the special weekly rest schemes authorized under this provision; (ii) the consultations that may take place in this respect with the workers’ and employers’ representatives, where relevant; and (iii) any supplementing legislation that has been adopted within the framework of the above provision.

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 Nos 1 (hours of work in commerce and offices), 14 (weekly rest in industry) and 30 (hours of rest in commerce and offices) together.
The Committee notes with deep concern that the Government’s report, due since 2008, has not been received. In the light of its urgent appeals launched to the Government in 2019 and 2020, the Committee proceeds with the examination of the application of the Conventions on the basis of the information at its disposal.
Legislative developments. The Committee notes that, according to the information available on the Government’s official website, in October 2021 the full Senate approved the final text of the draft General Labour Act. The Committee requests the Government to provide information on the development of the situation in this regard and to provide a copy of the new General Labour Act, once adopted, as well as any relevant legislative or other information relating to the application of the Conventions.
[The Government is asked to reply in full to the present comments in 2022.]

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee also notes that Act No. 2/1990 on working-time arrangements has been repealed with the entry into force of Act No. 10/2012, dated 24 December 2012 reforming the general labour legislation. In this context, the Committee will examine the new Act in relation to the application of the Conventions at its next session. The Committee therefore firmly hopes to receive the Government’s reports on the application of the Conventions.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee also notes that Act No. 2/1990 on working-time arrangements has been repealed with the entry into force of Act No. 10/2012, dated 24 December 2012 reforming the general labour legislation. In this context, the Committee will examine the new Act in relation to the application of the Conventions at its next session. The Committee therefore firmly hopes to receive the Government’s reports on the application of the Conventions.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2004.
Repetition
The Committee also notes that Act No. 2/1990 on working-time arrangements has been repealed with the entry into force of Act No. 10/2012, dated 24 December 2012 reforming the general labour legislation. In this context, the Committee will examine the new Act in relation to the application of the Conventions at its next session. The Committee therefore firmly hopes to receive the Government’s reports on the application of the Conventions.

CMNT_TITLE

The Committee notes with deep concern that the Government’s reports on the Conventions have not been received.
The Committee also notes that Act No. 2/1990 on working-time arrangements has been repealed with the entry into force of Act No. 10/2012, dated 24 December 2012 reforming the general labour legislation. In this context, the Committee will examine the new Act in relation to the application of the Conventions at its next session. The Committee therefore firmly hopes to receive the Government’s reports on the application of the Conventions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It hopes that the next report will contain full information on the matters raised in its previous comments.
Repetition
Article 1 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the country. However, according to section 4, the work of public officials is excluded from its scope and is subject to special regulations. The Committee requests the Government to provide a copy of the regulations on hours of work that apply to these officials. Furthermore, under section 48(4) of the Labour Act, the daily and weekly limits on hours of work do not apply, among others, to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.
Article 5. General interruption of work. The Committee notes from the information supplied by the Government in its last report that collective work stoppages for the reasons set out in Article 5 of the Convention are not frequent and that, consequently, there are no specific regulations on this subject. The Committee requests the Government to indicate whether, in practice, the hours lost in such circumstances may be made up and, if so, under what conditions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It expresses deep concern in this respect. It is therefore bound to repeat its previous comments.
Repetition
Article 7 of the Convention. Permanent and temporary exceptions. In reply to comments that the Committee has been making since 1994, the Government indicated in its 2004 report that the regulations to implement section 49 of Act No. 2/1990 are still being examined with the parties concerned, particularly in the oil sector. The Committee requests the Government to report on progress in this process. The Government is also asked to provide information on the employers’ and workers’ organizations consulted in the preparation of these regulations. Furthermore, the Committee urges the Government to provide information on the way in which the provisions of section 49 of Act No. 2/1990 on overtime are applied in practice.
The Committee is raising other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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
Article 1 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the country. However, according to section 4, the work of public officials is excluded from its scope and is subject to special regulations. The Committee requests the Government to provide a copy of the regulations on hours of work that apply to these officials. Furthermore, under section 48(4) of the Labour Act, the daily and weekly limits on hours of work do not apply, among others, to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.
Article 5. General interruption of work. The Committee notes from the information supplied by the Government in its last report that collective work stoppages for the reasons set out in Article 5 of the Convention are not frequent and that, consequently, there are no specific regulations on this subject. The Committee requests the Government to indicate whether, in practice, the hours lost in such circumstances may be made up and, if so, under what conditions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.
Repetition
Article 7 of the Convention. Permanent and temporary exceptions. In reply to comments that the Committee has been making since 1994, the Government indicated in its 2004 report that the regulations to implement section 49 of Act No. 2/1990 are still being examined with the parties concerned, particularly in the oil sector. The Committee requests the Government to report on progress in this process. The Government is also asked to provide information on the employers’ and workers’ organizations consulted in the preparation of these regulations. Furthermore, the Committee urges the Government to provide information on the way in which the provisions of section 49 of Act No. 2/1990 on overtime are applied in practice.
The Committee recalls that it raised other matters in a request addressed directly to the Government.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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 direct request, which read as follows:
Repetition
Article 1 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the country. However, according to section 4, the work of public officials is excluded from its scope and is subject to special regulations. The Committee requests the Government to provide a copy of the regulations on hours of work that apply to these officials. Furthermore, under section 48(4) of the Labour Act, the daily and weekly limits on hours of work do not apply, among others, to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.
Article 5. General interruption of work. The Committee notes from the information supplied by the Government in its last report that collective work stoppages for the reasons set out in Article 5 of the Convention are not frequent and that, consequently, there are no specific regulations on this subject. The Committee requests the Government to indicate whether, in practice, the hours lost in such circumstances may be made up and, if so, under what conditions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 7 of the Convention. Permanent and temporary exceptions. In reply to comments that the Committee has been making since 1994, the Government indicated in its 2004 report that the regulations to implement section 49 of Act No. 2/1990 are still being examined with the parties concerned, particularly in the oil sector. The Committee requests the Government to report on progress in this process. The Government is also asked to provide information on the employers’ and workers’ organizations consulted in the preparation of these regulations. Furthermore, the Committee urges the Government to provide information on the way in which the provisions of section 49 of Act No. 2/1990 on overtime are applied in practice.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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 direct request, which read as follows:
Repetition
Article 1 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the country. However, according to section 4, the work of public officials is excluded from its scope and is subject to special regulations. The Committee requests the Government to provide a copy of the regulations on hours of work that apply to these officials. Furthermore, under section 48(4) of the Labour Act, the daily and weekly limits on hours of work do not apply, among others, to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.
Article 5. General interruption of work. The Committee notes from the information supplied by the Government in its last report that collective work stoppages for the reasons set out in Article 5 of the Convention are not frequent and that, consequently, there are no specific regulations on this subject. The Committee requests the Government to indicate whether, in practice, the hours lost in such circumstances may be made up and, if so, under what conditions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 7 of the Convention. Permanent and temporary exceptions. In reply to comments that the Committee has been making since 1994, the Government indicated that the regulations to implement section 49 of Act No. 2/1990 are still being examined with the parties concerned, particularly in the oil sector. The Committee requests the Government to report on progress in this process. The Government is also asked to provide information on the employers’ and workers’ organizations consulted in the preparation of these regulations. Pending the latter’s adoption, the Committee urges the Government to provide information on the way in which the provisions of section 49 of Act No. 2/1990 on overtime are applied in practice.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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 direct request, which read as follows:
Repetition
Article 1 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the country. However, according to section 4, the work of public officials is excluded from its scope and is subject to special regulations. The Committee requests the Government to provide a copy of the regulations on hours of work that apply to these officials. Furthermore, under section 48(4) of the Labour Act, the daily and weekly limits on hours of work do not apply, among others, to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.
Article 5. General interruption of work. The Committee notes from the information supplied by the Government in its last report that collective work stoppages for the reasons set out in Article 5 of the Convention are not frequent and that, consequently, there are no specific regulations on this subject. The Committee requests the Government to indicate whether, in practice, the hours lost in such circumstances may be made up and, if so, under what conditions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 7 of the Convention. Permanent and temporary exceptions. In reply to comments that the Committee has been making since 1994, the Government indicated that the regulations to implement section 49 of Act No. 2/1990 are still being examined with the parties concerned, particularly in the oil sector. The Committee requests the Government to report on progress in this process. The Government is also asked to provide information on the employers’ and workers’ organizations consulted in the preparation of these regulations. Pending the latter’s adoption, the Committee urges the Government to provide information on the way in which the provisions of section 49 of Act No. 2/1990 on overtime are applied in practice.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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 direct request, which read as follows:

Article 1 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the country. However, according to section 4, the work of public officials is excluded from its scope and is subject to special regulations. The Committee requests the Government to provide a copy of the regulations on hours of work that apply to these officials. Furthermore, under section 48(4) of the Labour Act, the daily and weekly limits on hours of work do not apply, among others, to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.

Article 5. General interruption of work. The Committee notes from the information supplied by the Government in its last report that collective work stoppages for the reasons set out in Article 5 of the Convention are not frequent and that, consequently, there are no specific regulations on this subject. The Committee requests the Government to indicate whether, in practice, the hours lost in such circumstances may be made up and, if so, under what conditions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 7 of the Convention. Permanent and temporary exceptions. In reply to comments that the Committee has been making since 1994, the Government indicated that the regulations to implement section 49 of Act No. 2/1990 are still being examined with the parties concerned, particularly in the oil sector. It requests the Government to report on progress in this process. The Government is also asked to provide information on the employers’ and workers’ organizations consulted in the preparation of these regulations. Pending the latter’s adoption, the Committee urges the Government to provide information on the way in which the provisions of section 49 of Act No. 2/1990 on overtime are applied in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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 direct request, which read as follows:

Article 1 of the Convention. Scope of application. The Committee notes that, under section 3 of the Labour Act (No. 2/1990), the Labour Act applies to all undertakings, enterprises or establishments in the country. However, according to section 4, the work of public officials is excluded from its scope and is subject to special regulations. The Committee requests the Government to provide a copy of the regulations on hours of work that apply to these officials. Furthermore, under section 48(4) of the Labour Act, the daily and weekly limits on hours of work do not apply, among others, to persons performing duties which, by their nature, do not involve fixed working days. The Committee requests the Government to provide more specific information on the categories of workers so excluded.

Article 5. General interruption of work. The Committee notes from the information supplied by the Government in its last report that collective work stoppages for the reasons set out in Article 5 of the Convention are not frequent and that, consequently, there are no specific regulations on this subject. The Committee requests the Government to indicate whether, in practice, the hours lost in such circumstances may be made up and, if so, under what conditions.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 7 of the Convention. Permanent and temporary exceptions. In reply to comments that the Committee has been making since 1994, the Government indicated that the regulations to implement section 49 of Act No. 2/1990 are still being examined with the parties concerned, particularly in the oil sector. It requests the Government to report on progress in this process. The Government is also asked to provide information on the employers’ and workers’ organizations consulted in the preparation of these regulations. Pending the latter’s adoption, the Committee urges the Government to provide information on the way in which the provisions of section 49 of Act No. 2/1990 on overtime are applied in practice.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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:

Article 1 of the Convention. The Committee notes that the Labour Act (No. 2/1990) applies to all undertakings, enterprises or establishments in the country (section 3). However, according to section 4, the work of public officials is excluded from the scope of the Act and is subject to special regulations. The Committee requests the Government to provide a copy of the regulations on hours of work that apply to these officials. Furthermore, the daily and weekly limits on hours of work do not apply, among others, to persons performing duties which, by their nature, do not involve fixed working days (section 48(4)). The Committee requests the Government to provide more specific information on the categories of workers so excluded.

Article 5. The Committee notes from the information supplied by the Government in its last report that collective work stoppages for the reasons set out in Article 5 of the Convention are not frequent and that, consequently, there are no specific regulations on this subject. The Committee requests the Government to indicate whether, in practice, the hours lost in such circumstances may be made up and, if so, under what conditions.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 7 of the Convention. In reply to comments that the Committee has been making since 1994, the Government indicated in its last report that the regulations to implement section 49 of Act No. 2/1990 are still being examined with the parties concerned, particularly in the oil sector. It requests the Government to report on progress in this process. The Government is also asked to provide information on the employers’ and workers’ organizations consulted in the preparation of these regulations. Pending the latter’s adoption, the Committee urges the Government to provide information on the way in which the provisions of section 49 of Act No. 2/1990 on overtime are applied in practice.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention, including extracts of reports by the inspection services and, to the extent possible, statistical data on the number and nature of the breaches of the rules on hours of work that have been reported.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

Article 1 of the Convention. The Labour Act (No. 2/1990) applies to all undertakings, enterprises or establishments in the country (section 3). However, according to section 4, the work of public officials is excluded from the scope of the Act and is subject to special regulations. The Committee requests the Government to provide a copy of the regulations on hours of work that apply to these officials. Furthermore, the daily and weekly limits on hours of work do not apply, among others, to persons performing duties which, by their nature, do not involve fixed working days (section 48(4)). The Committee requests the Government to provide more specific information on the categories of workers thus excluded.

Article 5. The Committee notes from the information supplied by the Government in its report that collective work stoppages for the reasons set out in Article 5 of the Convention are not frequent and that, consequently, there are no specific regulations on this subject. The Committee requests the Government to indicate whether, in practice, the hours lost in such circumstances may be made up and, if so, under what conditions.

CMNT_TITLE

The Committee notes the Government’s report.

Article 7 of the Convention. In reply to comments that the Committee has been making since 1994, the Government indicates that the regulations to implement section 49 of Act No. 2/1990 are still being examined with the parties concerned, particularly in the oil sector. It requests the Government to report on progress in this process. The Government is also asked to provide information on the employers’ and workers’ organizations consulted in the preparation of these regulations. Pending the latter’s adoption, the Committee urges the Government to provide information on the way in which the provisions of section 49 of Act No. 2/1990 on overtime are applied in practice.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention, including extracts of reports by the inspection services and, to the extent possible, statistical data on the number and nature of the breaches of the rules on hours of work that have been reported.

Furthermore, the Committee raises other matters in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee observes that a new Law No. 12/1992 of 1 October 1992 on trade unions and labour relations has been promulgated. The Committee notes the Government’s statement that the detailed rules applying in certain situations and referred to in section 49 of the Labour Law of 1990 have not yet been adopted. The Government endeavours to adopt such rules and expects the representative organizations to help in the drafting.

The Committee asks the Government to communicate the rules adopted in compliance with the Convention after having consulted the employers’ and workers’ organizations concerned.

The Committee also asks the Government to provide information on the practical application of the Convention, including for instance, extracts from the reports of the inspection services and all relevant information, as requested under Part V of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee observes that a new Law No. 12/1992 of 1 October 1992 on trade unions and labour relations has been promulgated. The Committee notes the Government’s statement that the detailed rules applying in certain situations and referred to in section 49 of the Labour Law of 1990 have not yet been adopted. The Government endeavours to adopt such rules and expects the representative organizations to help in the drafting.

The Committee asks the Government to communicate the rules adopted in compliance with the Convention after having consulted the employers’ and workers’ organizations concerned.

The Committee also asks the Government to provide information on the practical application of the Convention, including for instance, extracts from the reports of the inspection services and all relevant information, as requested under Part V of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s indication. The Committee observes that a new Law No. 12/1992 of 1 October 1992 on trade unions and labour relations has been promulgated. The Committee notes the Government’s statement that the detailed rules applying in certain situations and referred to in section 49 of the Labour Law of 1990 have not yet been adopted. The Government endeavours to adopt such rules and expects the representative organizations to help in the drafting.

The Committee asks the Government to communicate the rules adopted in compliance with the Convention after having consulted the employers’ and workers’ organizations concerned.

The Committee also asks the Government to provide information on the practical application of the Convention, including for instance, extracts from the reports of the inspection services and all relevant information, as requested under Part V of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation which reads as follows:

Further to its previous comments, the Committee notes the Government’s indication. The Committee observes that a new Law No. 12/1992 of October on trade unions and labour relations has been promulgated. The Committee notes the Government’s statement that the detailed rules applying in certain situations and referred to in section 49 of the Labour Law of 1990 have not yet been adopted. The Government endeavours to adopt such rules and expects the representative organizations to help in the drafting.

The Committee asks the Government to communicate the rules adopted in compliance with the Convention after having consulted the employers’ and workers’ organizations concerned.

The Committee also asks the Government to provide information on the practical application of the Convention, including for instance, extracts from the reports of the inspection services and all relevant information, as requested under Part V of the report form.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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:

Further to its previous comments, the Committee notes the Government's indication. The Committee observes that a new Law No. 12/1992 of October on trade unions and labour relations has been promulgated. The Committee notes the Government's statement that the detailed rules applying in certain situations and referred to in section 49 of the Labour Law of 1990 have not yet been adopted. The Government endeavours to adopt such rules and expects the representative organizations to help in the drafting.

The Committee asks the Government to communicate the rules adopted in compliance with the Convention after having consulted the employers' and workers' organizations concerned.

The Committee also asks the Government to provide information on the practical application of the Convention, including for instance, extracts from the reports of the inspection services and all relevant information, as requested under Part V of the report form.

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:

Further to its previous comments, the Committee notes the Government's indication. The Committee observes that a new Law No. 12/1992 of October on trade unions and labour relations has been promulgated. The Committee notes the Government's statement that the detailed rules applying in certain situations and referred to in section 49 of the Labour Law of 1990 have not yet been adopted. The Government endeavours to adopt such rules and expects the representative organizations to help in the drafting.

The Committee asks the Government to communicate the rules adopted in compliance with the Convention after having consulted the employers' and workers' organizations concerned.

The Committee also asks the Government to provide information on the practical application of the Convention, including for instance, extracts from the reports of the inspection services and all relevant information, as requested under point V of the report form.

CMNT_TITLE

Further to its previous comments, the Committee notes the Government's indication. The Committee observes that a new Law No. 12/1992 of October on trade unions and labour relations has been promulgated. The Committee notes the Government's statement that the detailed rules applying in certain situations and referred to in section 49 of the Labour Law of 1990 have not yet been adopted. The Government endeavours to adopt such rules and expects the representative organizations to help in the drafting.

The Committee asks the Government to communicate the rules adopted in compliance with the Convention after having consulted the employers' and workers' organizations concerned.

The Committee also asks the Government to provide information on the practical application of the Convention, including for instance, extracts from the reports of the inspection services and all relevant information, as requested under point V of the report form.

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The Committee notes the report of the Government for the period June 1988 to June 1990 and the responses it supplied to the Committee's 1990 direct request. In this connection, the Committee would be grateful if the Government, in its forthcoming report, could supply further particulars on the following:

Article 7, paragraph 1, of the Convention. The Committee notes that under the recently promulgated Law No. 2/1990 governing labour, permanent exceptions are provided for in a general way for point (b) of this provision. It does not appear as though the exceptions cited at points (a) and (c) are expressly covered by the Law. The Committee notes further that regulations will detail the exceptions provided for under national law.

In this connection, the Committee would request the Government to supply copies of the aforementioned regulations, together with an indication of whether such regulations may, within the scope of existing legislation, be drafted so as to ensure that points (a) and (c) of this provision of the Convention are applied.

Article 7, paragraph 3. The Committee notes that under the above-mentioned Law, extraordinary hours are limited to two hours daily, with a ceiling of 200 hours per year. This prescription is, however, apparently limited to situations covered under Article 7, paragraph 1(b) and paragraph 2, of the Convention. The Committee notes further that regulations will detail the exceptions provided for under national law.

In this connection, the Committee would request that the Government supply copies of the aforementioned regulations, together with an indication of whether such regulations may, within the scope of existing legislation, be drafted so as to ensure that all of the provisions of the Convention are applied.

Article 8. The Committee notes that the regulations to be promulgated under the Law governing labour are to be drafted after consultation with professional organisations, where such exist. In this connection, the Committee would appreciate if the Government could provide information concerning the social partners with whom such consultations were carried out.

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The Committee takes note of the information supplied by the Government concerning the application of Article 3 of the Convention.

With regard to the question of permanent exceptions, raised in its last comment, the Committee takes note of the Government's reply to the effect that exceptions are not authorised in the cases foreseen under Article 7, paragraph 1(a). However, it would be grateful if the Government would indicate whether the draft regulations on exceptions referred to in the Government's report on the application of Convention No. 1 apply generally and could, as appropriate, cover the commerce and offices sector.

The Committee notes that the legislation does not include regulations on the permanent exceptions which may be allowed for certain classes of persons, as provided for in Article 7, paragraph 1. It hopes that the current revision of the legislation will provide regulations on these exceptions, after consultation with employers' and workers' organisations concerned (Article 8) and will determine the maximum number of additional hours which may be allowed (Article 7, paragraph 3).

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