Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s response to its previous comments. It also notes the enactment of Labour Proclamation No. 377 of 2003, although regretfully, it contains no new provisions in response to the matters raised in its previous comments. The Committee again urges the Government to bring its national legislation into full conformity with the Convention.

Article 1, paragraph 1(d), of the Convention. Exemptions for workers in the transport sector. Section 72(2) of the new Labour Proclamation continues to allow the Minister to issue directives determining special application of the provisions of the weekly rest to workers who are directly engaged in the carriage of passengers and goods. The Committee notes the Government’s statement that at the moment, no directive has been issued by the Minister and therefore the weekly rest provisions contained in the Proclamation apply equally to these workers. It also notes the Government’s intention to undertake a comprehensive study to formulate a new directive for these workers. The Committee requests the Government to keep it informed of any changes and, upon the adoption of a new directive, to provide and indicate how the provisions contained in the present Convention are applied in full.

Article 2, paragraph 1, and Articles 4 and 5. Exemptions of persons holding managerial positions. Section 3(2)(c) continues to exclude those holding managerial positions from the scope of the Proclamation. The Government states in its report that these categories of workers are provided with a weekly rest as each enterprise adopts management regulations in which the matter is addressed or contractual agreements incorporate the weekly rest period. The Government further states that in practice the weekly rest is granted to all managers in the same manner as other workers and therefore there is no need to amend the Proclamation. The Committee draws the Government’s attention once again to the fact that persons holding managerial positions have the right to a weekly rest of 24 consecutive hours and this should be guaranteed by a legislative provision. If work needs to be carried out on the day of the weekly rest, this should be done in accordance with Article 4 of the Convention, and compensatory periods of rest must be provided (Article 5). The Committee urges the Government to amend its legislation in order to ensure that a right to weekly rest is provided in law for those in managerial positions, bringing the provisions in line with the Convention.

Article 7(a) and (b). Posting of notices. The Committee once again requests the Government to provide, in its legislation or otherwise, the obligation of employers to make known collective rest to workers by means of notices posted at the workplace; for workers subject to a special system of rest to make known the days of rest by means of rosters, in order to give full effect to Article 7(b) of the Convention.

The Government is also requested to provide information under Part V of the report form.