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

The Committee notes the Government’s report.

Article 4, paragraph 1, of the Convention. Exceptions. This Article provides that each member may authorize total or partial exceptions (including suspensions or diminutions) from the provisions of Article 2, special regard being had to all proper humanitarian and economic considerations and after consultation with responsible associations of employers and workers, wherever such exist. Section 124(4) of the Labour Code permits a deviation from paragraphs (2) and (3) for work of a seasonal nature.

The Committee requests the Government to indicate in its next report whether the exceptions made under section 124(4) may reduce the weekly rest period provided under section 124(1), (2) of the Labour Code for workers in industrial undertakings.

Article 4, paragraph 1. Consultations. Section 124(3), (4) of the Labour Code does not contain provisions respecting consultations required on the authorization of exceptions. The Government has indicated that possible exceptions under section 124(3) are based on a unilateral decision by the employer and that exceptions under section 124(4) are at the employer’s discretion. Accordingly, no consultations appear to be necessary before determination of a rest period different from Article 2 of the Convention. The Committee wishes to point out that the current national legislation and practice are not in conformity with Article 4 of the Convention. It requests the Government to inform the Committee about steps undertaken to ensure full application of the Convention and to state the methods adopted for consulting the responsible associations of employers and workers.

Article 6, paragraph 1. This Article provides that each Member shall draw up a list of the exceptions made under Articles 3 and 4 of this Convention and shall communicate it to the International Labour Office, and thereafter any modifications of this list. The Committee requests the Government again to furnish a list of the exceptions made under Article 4 in accordance with Article 6 of the Convention.

Part I of the report form. The Committee notes the forthcoming amendment of the National Labour Code due to the transposition of the EU acquis communautaire. It requests the Government to keep it informed of the developments and to supply a copy of the relevant legal texts, once adopted.

Parts III-V of the report form. The Committee requests the Government to provide information in respect of the practical application of the Convention by referring to all questions under Parts III-V. In particular, with reference to Part V of the report form, please give a general appreciation of the manner in which the Convention is applied in your country, including extracts from the reports of the inspection services, information concerning the number of workers covered by the relevant legislation and the number and nature of the contraventions reported.