Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Repetition

Article 1 of the Convention. Scope of application. The Committee previously noted the adoption of Act No. 133/AN/05/5e L of 28 January 2006 issuing the Labour Code. It noted in particular that section 1 of the Labour Code provides that the Code is applicable throughout the national territory except in the “export processing zones”. The Committee again requests the Government to provide a copy of the legislation governing hours of work in industrial establishments in export processing zones.

Articles 2 and 3. Maximum daily hours of work – Distribution of hours of work over the week. Exceptions in cases of accidents or urgent work. The Committee notes the information in the Government’s report to the effect that the Labour Code of 2006 comprises 27 regulatory texts, two of which have been promulgated to date. Of the other 25 texts that are being drawn up, the Committee notes that certain decrees are concerned with arrangements for distribution of the hours of work over different days of the week, the maximum length of the working day and certain exceptions. The Committee requests the Government to send all regulatory texts relating to the application of the provisions of the Convention, once they have been adopted.

Article 5. Calculation of hours of work for periods exceeding a week. The Committee previously noted that section 84 of the Labour Code provides that the working time of 48 hours per week may be exceeded through the application of rules relating, inter alia, to variations in hours of work set out in collective agreements. The Committee also noted that, under section 93 of the Labour Code, in order to be applicable, agreements concerning variations in hours of work have to be approved by the Minister of Labour. However, the Committee notes that there are no provisions in the Labour Code stipulating that the average number of hours worked per week shall not exceed 48, as required by Article 5 of the Convention. The Committee again requests the Government to indicate the manner in which effect is given to this provision of the Convention and to provide copies of collective agreements setting out practical arrangements for variations in hours of work.

Article 6. Permanent exceptions. The Committee requests the Government to provide a copy of any new legislative text adopted pursuant to section 87 of the new Labour Code.

Temporary exceptions. The Committee recalls that the Convention only allows temporary exceptions to deal with exceptional cases of pressure of work and requests the Government to send a copy of any regulatory text giving effect to this Article of the Convention.

Article 8. Notices of rest periods – Maintenance of records of additional hours – Penalties. The Committee previously noted that the Labour Code of 2006 does not contain any provision relating to the posting of notices of rest periods which are not reckoned as part of working hours, records of additional hours worked, or the fact that it is an offence to exceed the hours of work indicated, as required by Article 8 of the Convention – points on which the Committee has been commenting for several years. The Committee again requests the Government to take the necessary steps to bring the legislation into full conformity with this provision of the Convention.