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

The Committee notes the Government’s report and the reply to its previous comments concerning Articles 8 and 10 of the Convention.

Article 8, paragraph 1, of the Convention. In its previous comments, the Committee noted that the provision "unforeseen circumstances" under section 5(2) of the Shop and Office Employees Act, permitting the accumulation of weekly rest periods, is broader than the exceptions foreseen under Article 8(1) of the Convention. The Government mentioned in its latest report that there are in reality only extremely rare cases of accumulated weekly rest under section 5(2) and that in the recent past no such instances have been reported. The Government felt that there is no necessity for revision of section 5(2). The Committee points out that Article 1 of the Convention provides for different possibilities of implementing the Convention. One possibility would be an instruction to the Commissioner of Labour to authorize accumulation of weekly rest only as temporary exceptions in accordance with Article 8, paragraph 1, and after consultation of the representative employers’ and workers’ organizations in accordance with Article 8, paragraph 2. The Committee hopes that the Government will take the necessary steps in the near future to ensure that section 5(2) of the Shop and Office Employees Act will be applied in a manner consistent with the Convention. It also requests the Government to indicate the progress achieved and to supply information on how the full application of the Convention will be ensured.