Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 6, paragraph 1(a), of the Convention. Permanent exceptions. The Committee notes that, according to the Government’s indications in its report, section 211 of the Labour Code, addressed by the Committee in its previous comments, does not apply to preparatory or complementary or intermittent work but to essentially continuous work and special tasks which are not of a usual nature. Hence, the provisions of section 211 of the Labour Code are examined below in regard to the relevant Articles of the Convention.

Article 6, paragraphs 1(b) and 2. Temporary exceptions. The Committee notes that under section 211 of the Labour Code the administrative labour authorities may adopt special regulations regarding working hours for work of a special nature. The Committee also notes that, according to the Government’s report, this is not usual work and the regulations in question therefore make temporary exceptions, not permanent exceptions. The Committee draws the Government’s attention to the need to comply with the requirements of Article 6, paragraphs 1(b) and 2, of the Convention for the application of temporary exceptions. These exceptions must endeavour to respond to exceptional pressure of work and shall be made after consultation with the organizations of employers and workers concerned and shall fix the maximum of additional hours authorized in each case.

In this regard, the Committee notes that, according to the Government, up until the present, circumstances have not made it necessary to adopt regulations in application of section 211 of the Labour Code but that, where necessary, such regulations would be adopted in consultation with representative employers’ and workers’ organizations. The Committee also notes that, in contrast to section 212, paragraph 1, of the 1961 Labour Code, which it reproduces almost verbatim, section 211 of the 1993 Labour Code, currently in force, does not provide that the adoption of special regulations for special work must be done after consultation with the occupational organizations concerned. The Committee therefore requests the Government to indicate the measures taken to ensure compliance with the provisions of the Convention governing temporary exceptions to the rules on hours of work and, in particular, those regarding compulsory prior consultation with employers’ and workers’ organizations.

Furthermore, the Committee notes that, by virtue of section 201 of the Labour Code, when, owing to particular circumstances, hours of work have to be increased, the additional hours shall be counted as overtime in regard to payment and shall not in any case exceed three extra hours per day, or a total working week of 57 hours, subject to exceptions specifically laid down in the Labour Code. It also notes that, in accordance with section 202, paragraph (c), of the Labour Code, the additional hours are specifically authorized temporarily to perform urgent work or to respond to exceptional pressure. The Committee requests the Government to indicate whether the limit of 57 hours per week applies when additional hours are worked in application of section 202, paragraph (c), of the Labour Code. The Government is also requested to indicate the measures taken to ensure there is consultation with employers’ and workers’ organizations prior to the application of such temporary exceptions, as set out in Article 6, paragraph 2, of the Convention.

Article 4. Work that is necessarily continuous. The Committee notes that, according to the Government, the work that has to be performed continuously covered by section 211 of the Labour Code includes in particular the activities of hydroelectric companies which continue regardless of national legislation and in compliance with the standards laid down by the bi-national body (an entity under international public law) which administers dams and the agreements concluded between these entities and their workers. On this score, the Committee recalls that, under Article 1, paragraph 1(b), combined with Article 2, the Convention applies to all industrial, public or private establishments, of whatever nature, including industries responsible for the production of electricity. Any excess in the maximum working hours for work that is necessarily continuous in these enterprises must therefore be in conformity with the requirements of Article 4 of the Convention. More specifically, when the work is performed by a succession of shifts, the working hours shall not exceed 56 in the week on average. The Committee therefore requests the Government to indicate the measures taken to ensure compliance with the Convention, specifically Article 4, in hydroelectric enterprises.

Part VI of the report form. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from the reports of the inspection services and, if possible, statistical data on the number of workers protected by legislation, exceptions granted on the basis of section 202, paragraph (c), and section 211 of the Labour Code, the number and nature of contraventions, etc.