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Weekly Rest (Industry) Convention, 1921 (No. 14) - Niger (RATIFICATION: 1961)

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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 the adoption of Act No. 2012-45 of 25 September 2012 establishing the Labour Code, which repeals Ordinance No. 96-039 of 29 June 1996 establishing the Labour Code. The Committee notes that sections 114–115 of the new Labour Code reproduce the provisions of sections 106–107 of the Labour Code of 1996 with regard to weekly rest. The Committee also notes the Government’s indications according to which the draft decree implementing regulations to the Labour Code is in the process of adoption, and provides in sections 135–149 detailed rules on weekly rest. The Committee requests the Government to keep the Office informed of any progress in the process of adopting regulations implementing the new Labour Code.

CMNT_TITLE

The Committee notes that pending the adoption of a decree to issue the regulatory part of the Labour Code, regulatory provisions on weekly rest are set by Decree No. 67-126/MFP/T of 7 September 1967 as amended by Decree No. 68-04/PRN/MFP/T of 17 January 1968. The Committee requests the Government to keep the Office informed of any progress towards the adoption of the new implementing Decree.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

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:

The Committee notes with interest the adoption of the Labour Code (Ordinance No. 96-039 of 29 June 1996), in particular the weekly rest provisions contained in sections 106 and 107. The Committee also notes the general report on the activities of the Advisory Labour Commission to examine a draft Decree issuing regulations under the Labour Code. The Committee notes that the draft Decree does not appear to contain any regulations of the kind envisaged under section 107 of the Labour Code regarding weekly rest arrangements. The Committee therefore requests the Government to communicate a copy of the regulations in question once they become available.

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The Committee notes the Government's indication in its latest report that the Labour Code is in the process of revision. It requests the Government to keep it informed of any progress achieved in this respect and to supply a copy of the relevant text when it is adopted.