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Article 7, paragraph 1, of the Convention. Permanent exemptions. The Committee notes that the Labour Law of 2001 provides for permanent exceptions to the normal 42-hour weekly rest scheme in the following cases: (i) aggregated working time if compliance with regular daily or weekly working time for the relevant category of employees is not possible due to the nature of the work (sections 140(1) and 143(1)); (ii) where the length of working time is not measured or determined in advance or is determined by the employees themselves (section 148(1)); and (iii) enterprises engaged in road, air or sea transportation of passengers and freight, except for city public transport (section 148(2)). In this connection, the Committee recalls that the Convention authorizes the introduction of special weekly rest schemes for specified categories of persons or specified types of establishments only on the following conditions: (i) due regard is paid to all proper social and economic considerations; (ii) all persons concerned are given, in respect of each period of seven days, a period of rest of a total duration at least equivalent to 24 hours; and (iii) measures are taken in consultation with representative employers’ and workers’ organizations concerned. The Committee therefore asks the Government to provide additional clarification in this regard, and more concretely, indicate the manner in which social, and not only economic, considerations were taken into account and consultations with the social partners were held prior to introducing the exceptions listed above, and also specify the legal provision guaranteeing to the workers to whom special weekly rest schemes apply a compensatory rest of at least 24 hours with respect to each period of seven days.

Article 8, paragraph 3. Temporary exemptions – compensatory rest. The Committee notes with interest that, following the amendments of April 2004 and September 2006, the Labour Law of 2001 no longer provides for the possibility of choosing between compensatory rest and monetary compensation for work performed on a weekly rest day. It notes, however, that section 143(4) of the Labour Law, as amended, requires that workers performing work on a weekly rest day by reason of urgent public need, force majeure, unexpected event or other exceptional circumstances, should receive “rest at another time” without specifying, however, neither the length nor the time frame within which such compensatory rest must be granted. In this connection, the Committee recalls that this Article of the Convention calls for a compensatory rest of a total duration at least equivalent to 24 hours. It also draws the Government’s attention to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which indicates that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee therefore requests the Government to further explain how it is given effect to the requirements of the Convention as regards the length of compensatory rest and the timing of granting it.

Article 9. Reduction of income. The Committee notes that the Labour Law appears to be silent on the prohibition of the reduction of income. While noting the Government’s statement in an earlier report that the worker’s weekly rest entitlement does not influence his/her remuneration, the Committee requests the Government to specify the legal provision ensuring that there is no reduction of the income of persons covered by the Convention as a result of the application of measures taken in accordance with the Convention.

Part V of the report form. The Committee would be grateful if the Government would continue providing up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of offences observed and penalties imposed in connection with weekly rest, copies of collective agreements containing provisions on weekly rest schemes, etc.

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The Labour Law of 20 June 2001, which entered into force on 20 June 2002, contains no provision similar to section 252 of the repealed Labour Code of 1994 under which different working-time arrangements and leave periods for specified sectors of employment were permitted. According to sections 2 and 3, the Labour Law applies to all employers and employees. In particular, the regulations of the Labour Law on working hours and rest time, according to section 2(4) of the State Civil Service Law, also apply to civil servants, since the State Civil Service Law does not contain any special provisions in this regard.

In connection with the new Labour Law, the Committee requests the Government to provide further information on the following points with its next report.

Article 6, paragraph 1, Article 7, paragraphs 1 and 2, and Article 8, paragraphs 1 and 3, of the Convention. Section 55(2) of the Labour Law provides that the employer is free to adopt working procedure regulations on the length of the working week and the organization of working time in the undertaking. According to section 143(1) of the Labour Law, the principle of a minimum weekly rest period of 42 consecutive hours within a seven-day period needs not to be applied in case of aggregated working time where, according to section 140 of the Labour Law, it is not possible to comply with the length of regular daily or weekly working time. Section 143(4) of the Labour Law entitles an employee who works on his weekly rest day to rest on another day or compensation by supplementary payment, as provided for under section 68 of the Code. In cases where the length of working time is not determined in advance or may be determined by the employees themselves, section 148 of the Labour Law permits exemptions from the principle of weekly rest, as provided for under section 143(1) of the Labour Law.

The Committee recalls that Article 6, paragraph 1, of the Convention entitles workers to an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days. It further stresses that, where special weekly rest schemes apply in conformity with the circumstances specified under Article 7, paragraph 1, of the Convention, paragraph 2 of this Article requires that the workers subject to such schemes are provided the minimum period of rest of at least 24 hours for every period of seven days. In addition, the Committee observes that, with regard to temporary exceptions (total or partial, including the suspension or reduction of the rest period), in the cases specified in Article 8, paragraph 1, of the Convention, under paragraph 3 of this Article the granting of compensatory rest of a total duration of at least 24 consecutive hours is compulsory regardless of monetary compensation.

The Committee requests the Government to make the clarifications necessary to ensure, in the cases regulated under sections 55(2), 143(1) and (4) and 148 of the new Labour Law, conformity with the Convention regarding the minimum period of weekly rest and compensatory rest.

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The Committee notes the information in the Government’s report and the reply to its direct request of 1999.

The Committee notes that different working time arrangements can be introduced by contract and collective agreements, which may not surpass the normal working time determined in national legislation (40 hours per week). The Government's report, however, contains no reply to previous comments on Articles 2 and 3 of the Convention. It hopes that the next report will include full information on the matters raised in its previous comments, which read as follows:

        Articles 2 and 3 of the Convention. The Committee notes the indication that the Convention applies to all contracts of employment and concerns all employees and employers, in accordance with section 5 of the Labour Code. However, it notes that, under section 252 of the Labour Code, different working time arrangements and leave periods may be adopted by law for certain branches of the economy, which are enumerated. The Government is requested to indicate whether recourse has been made to the above section of the Labour Code.

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The Committee notes with interest the detailed information contained in the Government's first report on the application of the Convention. It requests the Government to provide additional information on the following points.

Articles 2 and 3 of the Convention. The Committee notes the indication that the Convention applies to all contracts of employment and concerns all employees and employers, in accordance with section 5 of the Labour Code. However, it notes that, under section 252 of the Labour Code, different working time arrangements and leave periods may be adopted for certain branches of the economy which are enumerated. The Government is requested to indicate whether recourse has been made to the above section of the Labour Code.

Articles 9 and 12. The Government is requested to indicate the manner in which effect is given to these two Articles of the Convention by laws and regulations or other relevant measures.