Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Bulgaria (Ratification: 1960)

Other comments on C106

Observation

2008

Direct Request

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Articles 8(1) and 11(b) of the Convention. Temporary exceptions. The Committee recalls its previous comment which noted that section 153(4) of the Labour Code, read in conjunction with section 144, permitted overtime work to be carried out on weekly rest days, inter alia, in case of hard seasonal work or for the performance of work linked to national defence, which went beyond the specific circumstances provided in Article 8(1) of the Convention. The Committee further notes that, the Government had not replied to its request of information on the extent to which it is authorized to work overtime under section 144, and further notes the Government’s information provided in its most recent report on the application of the Weekly Rest (Industry) Convention, 1921 (No. 14), according to which no such statistics are available. The Committee draws the Government’s attention, in this respect, to Article 11(b) of the Convention, which requires the gathering of information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8. The Committee accordingly requests the Government to provide detailed information concerning the use of temporary exceptions to the weekly rest period, provided for in section 144 of the Labour Code, in cases of hard seasonal work or work linked to national defence in its next report.

Article 8(3). Compensatory rest. Further to its previous comment, the Committee notes the Government’s indication that the 24-hour compensatory rest for workers who work on weekly rest days, under section 153(4) of the Labour Code, applies only for workers whose working time is calculated in terms of days. The Committee further notes the Government’s statement that, to align this provision with the requirements of the Convention – that is, that all workers whose weekly rest has been temporarily suspended or reduced are entitled to compensatory rest of a total duration of at least 24 hours, regardless of the manner in which their working time is calculated (weekly, monthly, etc.) – the matter must first be discussed with the social partners. Recalling that the Committee has been commenting for a considerable number of years on the need to amend section 153(4) of the Labour Code, and also recalling that the granting of a period for rest and leisure every week is essential for the workers’ health and well-being, the Committee requests the Government to take appropriate measures without further delay to ensure that workers who are asked to work on the weekly rest day receive compensatory rest regardless of the manner in which their working time is calculated.