Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 5 of the Convention. Total or partial exceptions. Compensatory rest. The Committee notes that section 72 of the Labour Code provides that work performed on a weekly rest day may be compensated, if the parties so agree, either by another day of rest or by a cash payment at double the normal hourly or daily rate calculated in accordance with section 107 of the Labour Code. The Committee wishes to recall, in this connection, that the Convention requires compensatory rest to be granted, as far as possible, to those performing work on a weekly rest day, irrespective of any extra pay which may be offered in addition. The Committee therefore considers that leaving it to the discretion of the worker concerned to choose between a cash compensation at 200 per cent of the normal wage rate or another day of rest is not the best manner to ensure that workers enjoy every week the minimum of rest and leisure they need in order to preserve their health and well-being, and does not give full effect to either the letter or the spirit of the Convention. It accordingly requests the Government to consider favourably the adoption of appropriate measures in order to bring its legislation into conformity with the Convention on this point.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government in its report, in particular the indication that 11.3 per cent of all infringements observed by the labour inspection services relate to non‑observance of hours of work and periods of rest, and that the most frequent violations with respect to weekly rest are the absence of permission of the trade union committee for work performed on a day of weekly rest and the non-payment of compensation at double the rate in that case. The Committee would appreciate if the Government would continue providing up to date information concerning the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of collective agreements containing clauses on weekly rest, etc.