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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 4, paragraph 1, of the Convention. Exceptions to weekly rest. The Committee notes the amendments to the Labour Code by Act XIX of 2002 and that section 124, paragraph 5, allows for rest days to be taken on a partly or fully aggregate basis, if a framework for working time is being applied. Rest days may be taken every two weeks or up to once a month subject to the provision of the collective or any other agreement between the parties involved. Section 124, paragraph 6, states that collective agreements may provide for rest days to be granted on a partly or fully aggregate basis for up to six weeks, in positions of a readiness character, in uninterrupted work schemes or work schemes with three or more shifts and in the case of an employee performing seasonal work. Furthermore, section 124, paragraph 7, allows collective agreements to make exemptions from providing one rest day to be granted after six days of work for those working several shifts, working in uninterrupted work schemes or uninterrupted positions, or those performing seasonal work. Article 4, paragraph 1, provides that the Government may authorize total or partial exceptions (including suspensions or diminutions) from the provisions of at least 24 consecutive hours of rest in every period of seven days, special regard being had to all proper humanitarian and economic considerations and after consultations with responsible associations of employers and workers. The Committee reminds the Government that the provision of a weekly rest as prescribed in Article 2 of the Convention is to be considered as an elementary guarantee to safeguard the health and welfare of workers and protect them against the risk of abuse. Therefore, exceptions must be limited to what is strictly necessary. It requests the Government to provide further information on how it is ensured full conformity with the requirements of the Convention in this regard.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.