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

Article 2 of the Convention. Scope of application. The Committee notes with satisfaction the amendment of section 2 of the Labour Code of 1964 for the private sector so as to extend its coverage to temporary workers employed for a period of not more than six months and workers at enterprises employing less than five persons, which also constitutes a positive follow-up to the points raised by the Committee on this point for several years. The Committee also notes the Government’s explanations concerning the categories of workers who are currently excluded from the application of the Labour Code, such as seafarers and workers in the oil industry, since they are covered by specific legislation. In this connection, the Committee notes the Government’s reference to consolidated labour contracts recently prepared for domestic workers. The Committee would appreciate if the Government would provide additional information on the rules applicable to domestic workers with relation to weekly rest and also transmit copies of the consolidated labour contracts applicable to them.

Article 11. List of exceptions. The Committee requests the Government to provide a list of all authorized exemptions (permanent or temporary) to the normal weekly rest scheme set out in section 35 of the Labour Code which gives rise to compensatory rest pursuant to section 1 of Ministerial Order No. 54 of 1982 on weekly rest.

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 these instruments continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). Noting that the national legislation giving effect to this Convention applies to all sectors and to all branches of economic activity without distinction, the Committee accordingly invites the Government to contemplate ratifying Convention No. 14 and to keep the Office informed of any decision taken or envisaged in this respect.