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

Article 4, paragraph 1, of the Convention. Total or partial exceptions. The Committee notes that the Government’s report does not contain any new information in response to the points raised in the last direct request. It therefore recalls its previous comment in which it expressed the view that section 45(1),(2) of the Working Environment Act No. 70 of 2000 provides for exceptions to the principle of Sunday weekly rest in such generally worded terms that may be open to abuse. More concretely, the Act provides for deviations from weekly rest based on the approval of the Working Environment Authority when the performance of the work makes it impossible to postpone, or special working methods make deviations reasonable, and even without prior approval when it has proved impossible to obtain the required approval on time. Noting that, as prescribed by this Article of the Convention, when authorizing total or partial exceptions, special regard must be had to all proper humanitarian and economic considerations, the Committee again requests the Government to explain how the tripartite Working Environment Authority applies the relevant provisions in practice so as to avoid any risk of abuse. In addition, the Committee notes that, under section 45(4) of the Working Environment Act, the Minister can deviate from the rules on 24-hour rest days in competence fields or special work disciplines where special circumstances make it necessary. In this connection, the Committee asks the Government to indicate whether any such decisions have ever been taken and, if so, whether workers’ and employers’ organizations were consulted in advance. Moreover, the Committee would appreciate receiving a copy of Act No. 70/2000.

Article 5. Compensatory rest. The Committee notes that, under section 43(2) of the Working Environment Act, compensatory rest within a week seems to be limited to the case of rest lost as a result of regular Sunday work, therefore not covering occasional or temporary exceptions permitted under sections 44–45 of the Act. The Committee recalls, in this respect, that provision should be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions made to workers’ weekly rest. The Committee accordingly requests the Government to provide additional explanations in this respect.

Article 7. Posting of notices. The Committee once again draws the Government’s attention to the fact that the Working Environment Act does not contain any provision giving effect to the specific requirement laid down in this Article of the Convention. The Committee recalls the employer’s obligation to make known the days of the weekly rest either by means of notices posted at the workplace or by means of a roster drawn up in accordance with an approved method depending on whether the rest period is granted to the whole of the staff collectively or not. The Committee accordingly requests the Government to indicate the measures taken or envisaged to ensure that workers are kept duly informed of the weekly rest arrangements applicable to them.

Part V of the report form. Application in practice. The Committee notes that the Government has practically never supplied general information on the practical application of the Convention. It therefore requests the Government to provide all available information on the manner in which the Convention is applied in practice, including for instance, labour inspection reports and statistics on the number and nature of contraventions reported, relevant extracts from annual reports of the Working Environment Authority, etc.