Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Government indicates that Law No. 789 of 2002 amends the Labour Code by introducing provisions on flexible working time. Section 161(d) of the amended law permits variations between four and ten hours per day performed within the span of 6 a.m. and 10 p.m. on up to six days of the week, on condition that 48 hours per week as an average are not exceeded. As far as the Committee can conclude from the Government’s report, the new legislation would need adaptation to the requirements of the Convention in respect of a number of provisions. It also asks the Government to provide a copy of the text of Law No. 789 of 2002.

While Article 4 of the Convention allows work up to ten hours a day as long as 48 hours per week are not exceeded, section 161(d) of the Labour Code sets a limit of 48 hours per week on average, without a ten-hour limit per day, as required by the Convention.

According to Article 5, hours of work in the day may be increased by one hour up to ten hours, for the purpose of making up certain hours of work, which have been lost in the event of a general interruption of work due to specified circumstances, and that such making up occurs within a reasonable lapse of time.

In order to comply with Article 6, section 161(d) of the Labour Code would have to restrict itself to exceptional cases.

Where specific circumstances, as defined under Article 7, justify permanent or temporary exceptions, a certain number of additional hours may be permitted in the day and, in respect of temporary exceptions, in the year, but only under specific regulations made by public authority.

The Convention further requires provisions on overtime pay (Article 7, paragraph 4) and consultations with the representative organizations of employers and workers (Article 8).

The Committee requests the Government to bring its legislation into conformity with these requirements of the Convention and to keep it informed on all progress made.