Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 2 of the Convention. Maximum limit of working hours per day. The Committee notes the Government’s explanations concerning the 12-hour limit of daily work established under section 144(5) of the Labour Code for those employed in more than one undertaking. It also notes the reference to Government Resolution No. 1043 of 19 August 2003 concerning the Employment Agreement on Peculiarities of Secondary Duties. Recalling that the general eight-hour limit laid down by this Article of the Convention is a daily limit of hours of work irrespective of the number or form of employment contracts under which that work is performed, the Committee once again requests the Government to take appropriate measures in order to bring the national legislation into full conformity with the Convention on this point. In addition, the Committee would appreciate receiving a copy of Government Resolution No. 1043 of 2003.

With regard to the treatment of working time spent “on duty” at home, as provided for in section 155(2) of the Labour Code, the Committee notes the Government’s indication that the relevant provisions of the Labour Code have been the subject of consultations and agreement with the social partners, and that as a matter of practice, any time spent “on duty” at home is remunerated at the full rate. The Committee therefore invites the Government to consider the possibility of revising the relevant provision of the Labour Code in order to bring it into line with established practice.

Articles 2 and 5. Reference period for averaging working time. The Committee notes that the Government’s reply on this point refers only to section 149(1) of the Labour Code which provides for averaging of working time over a period of four months for those undertakings operating continuously by a succession of shifts. However, Government Resolution No. 587 of 14 May 2003 provides for a reference period of one year for those employed, among other sectors, in transport (passenger, road, railway, civil aviation, maritime, inland waterways, including maintenance services), and energy production. The Committee recalls, in this connection, that the Convention allows for the averaging of hours of work only under the limited and well-circumscribed conditions of Articles 2(c) (shift work), 5 (exceptional cases – bilateral agreement transformed into regulations) and 6 (permanent and temporary exceptions). The Government’s attention is drawn to paragraphs 85–168 of the General Survey of 2005 on hours of work which contain a detailed analysis of the provisions of the Convention as regards the variable distribution of working hours and permissible exceptions. Even though nothing in the Convention indicates the maximum length of the period over which the variable distribution of working hours might extend, the Committee once more observes that the reference period for averaging hours of work should not be unreasonably long in order to ensure that the workers’ health and welfare is adequately protected. It therefore requests the Government to provide more detailed information on the circumstances under which industrial undertakings may have recourse to averaging of working hours over a period longer than a week and specify how it is ensured that the object and purpose of the Convention are met under those circumstances.

Transport by road, rail and inland waterway. The Committee notes the Government’s reference to Government Resolution No. 587 of 2003 which replaced Government Resolution No. 248 of 1996. It notes, in particular, that the maximum daily driving time for road transport drivers is nine hours in general, but can be extended to ten hours twice a week while the maximum driving time in two consecutive weeks may not exceed 90 hours. With respect to rail transportation, the Committee notes that whereas the hours of work for railway workers in general are limited to 12 per day and 48 per week over a period of six months, employees serving passengers on board may work up to 16 hours a day and 60 hours a week and workers accompanying and storing freight trains may work up to 24 hours a day followed by a 24-hour rest. Moreover, the Committee notes that the maximum limits of working hours for inland water transport are set at 14 hours a day and 72 hours a week. Recalling that the Convention prescribes a double limit of eight hours per day and 48 hours per week, with very limited exemption possibilities, the Committee asks the Government to re-examine the appropriateness of the 16- and 24-hour daily limit for certain rail transport workers or the 72-hour weekly limit for workers in inland water transportation, which are manifestly inconsistent with the Convention, and need to be revised. The Committee notes with surprise that Government Resolution No. 587 contains a list of works for which a maximum limit of up to 24 hours per day may be established (in contrast, Government Resolution No. 248 referred to jobs where the duration of work may exceed 12 hours per 24-hour period), which is, of course, contrary to the letter and the spirit of this Convention.

Article 6, paragraph 1(b). Temporary exceptions. While noting the Government’s statement that the grounds for temporary exceptions referred to in section 151 of the Labour Code have been the subject of consultations and agreement with the social partners, the Committee once again wishes to point out that the Convention permits temporary exceptions only in exceptional cases of pressure of work and therefore the relevant provision of the Labour Code should be modified accordingly.

Article 7. List of exceptions. The Committee notes the Government’s indication that there is no legislative or regulatory text specifying the types of enterprises whose operation is deemed to be continuous within the meaning of Article 4 of the Convention. Despite the absence of a specific legal text, however, the Committee requests the Government to provide a complete list of all industrial undertakings falling within the scope of application of the Convention for which exceptions to limits on normal daily and weekly hours of work may have been put in place and transmit a copy of any relevant legal text which may not have been communicated previously.

Part VI of the report form. The Committee would be grateful if the Government would continue providing up to date information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, labour inspection results showing the number and nature of working time-related offences observed and sanctions imposed, copies of collective agreements containing clauses on working time arrangements, etc.