Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the information sent by the Government in its first report and would appreciate receiving further information on the following points.

Article 1(2) of the Convention. The Committee would be grateful if the Government would state whether any laws or regulations give a definition of the terms "hotels and similar establishments", and "restaurants and similar establishments".

Article 3(1) and (2). The Committee notes that the Government’s report contains no information on measures taken to adopt and apply a national policy to improve working conditions of workers covered by the Convention, although it indicates a number of national provisions regulating working conditions. The Committee would be grateful if the Government would indicate the measures it will take to adopt and apply a policy designed to improve the working conditions of workers in hotels and restaurants, and provide information on consultations held to that end with the employers’ and workers’ organizations concerned.

Article 4(4). The Committee notes the provisions in the national legislation under which employers are required to display the hours of work in a conspicuous place in their establishment so that all workers are informed of working schedules. It would appear, however, that nowhere is it expressly established that workers in hotels and restaurants must, where possible, have sufficient advance notice of working schedules to enable them to organize their personal and family life accordingly. The Committee therefore asks the Government to state the measures adopted to give effect to this provision of the Convention.

Article 5(3). The Committee notes that section 178 of the Labour Code provides that workers acquire the right to leave upon completion of one year of uninterrupted service in the enterprise. According to section 179, workers on indefinite contracts who, through no fault of their own, have no opportunity to complete one year’s uninterrupted service owing to the nature of their work or for any other reason, shall be entitled to leave in proportion to the time worked if the latter is over five months. The Committee observes, however, that no provision is made for workers who do not hold indefinite contracts. The Committee asks the Government to take the necessary steps to ensure that hotel and restaurant workers, who often hold fixed-term contracts or seasonal contracts, are entitled to leave proportionate to the period of the service or payment of wages in lieu.

Article 7. The Committee recalls that this Article of the Convention requires the sale and purchase of employment in hotels and/or restaurants or similar establishments to be prohibited. The Committee notes that, according to the Government, there is no purchase or sale of employment in the establishments concerned. The Committee suggests that the Government may wish to consider adopting legislative or regulatory measures to ensure enforcement of the prohibition provided for in this Article of the Convention.

Part V of the report form. The Committee notes with interest the copy of the collective agreement regulating working conditions in "Fiesta" companies and hotels. The Committee would be grateful if the Government would provide copies of other collective agreements concluded by other hotels, restaurants or similar establishments and the trade union or trade unions of the branch concerned. The Government is also asked to provide information on the number of workers employed in hotels, restaurants and similar establishments. Please also give a general appreciation of the manner in which the Convention is applied including, for example, summaries of inspection reports, information on the number and nature of contraventions recorded and any other details relevant to the application of the Convention in practice.