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

The Committee notes the report of the Government.

Article 2 of the Convention. Referring to its previous comments the Committee notes that the Government did not consider it opportune to bring the regulation under section 20 of the Industrial Expansion Act in conformity with Article 2 (1) of the Convention. The Committee must remind the Government that the ratification of Conventions generates the duty to bring the national legislation in conformity with the Convention and urges the Government to take any necessary steps to amend the Act. The Government is requested to indicate in the near future the progress achieved.

Articles 4 and 6. Section 15(2) and (6) of the Labour Act provides for the opportunity to work for more than six days a week including Sunday and public holidays. The Government mentioned also numerous exceptions under the Remuneration Order Regulations, which have been sent to the Office. The report of the Government includes no list in accordance with Article 6 of the Convention. The Committee asks the Government to furnish and include in its next report a detailed list required by this Article. The Government is requested to indicate for every exception in detail the provisions of the national law.

Article 5. This Article of the Convention provides that every member shall make as far as possible provisions for compensatory periods of rest for exceptions made in virtue of Article 4 of the Convention.

Section 16 of the Labour Act only provides for additional remuneration for work carried out on a public holiday. The section does not provide any opportunity for compensatory rest. Taking into account the numerous exceptions in accordance with Article 4 mentioned above, the Committee also notes that compensatory rest periods have been allowed in some industries. The Committee emphasizes that in principle compensatory rest has to be granted. Only if this is not possible can additional remuneration replace the compensatory rest period. The Committee hopes that the Government will take the necessary steps to bring the national regulation in conformity with the Convention in the near future. It requests information on the progress achieved and to supply a copy of the relevant text when it is adopted.