Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the Government’s indication that, following the conclusion of the work of the Committee established in 2000 with the task of amending the Labour Code, the Ministry of Labour will make new amendments to the draft Labour Code, considering, in particular, the comments made by the Committee and the Office. The Committee hopes that the Government will soon be in a position to provide concrete information concerning the progress made with regard to this text and requests it to provide a copy of any new legislative text adopted. Drawing the Government’s attention to the following points, the Committee considers that it would be desirable to have available a copy of the complete text of the draft Labour Code as it currently stands so that it can formulate comments while having an overall view of the provisions relating to working time.

Articles 1 and 3 of the Convention. Public service. Further to its previous comments, the Committee notes the reply of the Public Service Council, sent by Letter No. 1834 of 9 July 2008, indicating that the Council does not intend to amend Decree No. 5883 of 3 December 1994. The Public Service Council indicates that the daily hours worked by public service employees are governed by the instruction attached to Decree No. 11.404/1962 of 11 December 1962 on the working time of employees, which provides for a six-hour working day. Given that Decree No. 11.404/1962 and the attached instruction are not available to the Office, the Committee requests the Government to provide a copy of these texts.

Articles 5, 6 and 7, paragraph 1. Permanent exceptions. The Committee notes that section 42(3)(a) and (b) of the draft amendment to the Labour Code gives effect to Articles 5 and 6 of the Convention. In this regard, it recalls that in case of a general interruption of work, hours of work which have been lost shall not be allowed to be made up on more than 30 days in the year and shall be made up with a reasonable lapse of time (Article 5(a) of the Convention) and that exceptions authorized under Article 6 shall be the subject of regulations issued by the public authority following consultation with the employers’ and workers’ organizations concerned. With regard to its previous comments concerning section 32 of the Labour Code, which authorizes increases in hours of work “in certain cases”, the Committee once again recalls that Article 7(1) of the Convention only allows the establishment of permanent exceptions for specific classes of persons and establishments and, in particular, for persons whose work is intermittent or who are engaged in preparatory or complementary work. The Committee hopes that the Government will bring the provisions relating to exceptions to working time into full conformity with the above Articles of the Convention. Furthermore, given that Regulation No. 30 of 20 February 1956 is still not available to the Office, the Committee once again requests the Government to provide it with a copy.

Article 7, paragraph 2. Temporary exceptions. Further to its previous comments concerning section 33 of the Labour Code, the Committee notes the Government’s indication that section 43 of the draft amendment to the Labour Code amends the above section and reduces from 12 to ten hours the daily hours of work authorized in the case of temporary exceptions and that this provision deals with additional hours. In this regard, the Committee once again recalls that Article 7(2) of the Convention authorizes the establishment of temporary exceptions only in the following cases: (i) in case of accident, actual or threatened, force majeure, or urgent work to machinery or plant, but only so far as may be necessary to avoid serious interference with the ordinary working of the establishment; (ii) in order to prevent the loss of perishable goods or avoid endangering the technical results of the work; (iii) in order to allow for special work, such as stocktaking and the preparation of balance sheets, settlement days, liquidations, and the balancing and closing of accounts; and (iv) in order to enable establishments to deal with cases of abnormal pressure of work due to special circumstances, in so far as the employer cannot ordinarily be expected to resort to other measures. Furthermore, Article 7(3) of the Convention requires, in the case of temporary exceptions, that regulations determine the number of additional hours of work which may be allowed in the day and in the year. The Committee hopes that when it makes new amendments to the new draft Labour Code, the Government will indicate: (i) the precise circumstances in which temporary exceptions may be authorized; and (ii) the number of additional hours of work which may be authorized in the year. The Committee requests the Government to keep the Office informed of any developments in this regard.

With regard to public employees, the Committee notes the Public Service Council’s indication, sent by Letter No. 1834 of 9 July 2008, that section 5(3) of Decree No. 3379 of 11 July 2000 concerning additional hours and compensatory pay in the public administration provides that additional hours worked by these employees may not exceed 100 hours per month. It notes, however, that the Government’s report contains no information concerning the specific circumstances in which temporary exceptions may be authorized for this category of employees. The Committee therefore requests the Government to provide further information on this matter and to provide a copy of Decree No. 3379 of 11 July 2000.

Article 8. Consultation of workers’ and employers’ organizations. The Committee notes the Government’s indication that the draft amendment to the Labour Code was drawn up by a tripartite Committee established under Decree No. 210/1 of 21 December 2000. It also notes that the employers’ and workers’ organizations will once again be consulted when the draft amendment is revised. It recalls, however, that employers’ and workers’ organizations should be consulted before the adoption by the public authority of the regulations provided for in Articles 6 and 7 of the Convention and that special regard should be paid to existing collective agreements in this context. The Committee requests the Government to provide further information on this point.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that no violations relating to the hours of work being exceeded were reported during the period covered by the report, even though the Government recognizes that problems may sometimes arise in the commercial sector due, in particular, to the size of this sector. It therefore requests the Government to provide further information, including, for example, extracts from reports of the inspection services, statistics indicating the number of workers covered by the relevant legislation, the number of violations reported relating to hours of work, as well as any other information which would enable the Committee to assess the manner in which the Convention is applied in practice.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the draft amendment to the Labour Code is currently being examined by the competent national authorities. It hopes that this amendment will be adopted in the near future and requests the Government to keep it informed of any developments in this respect. Furthermore, it would appreciate receiving additional information on the following points.

Articles 1 and 3 of the Convention. Public service. The Committee notes that the hours of work of employees in government and municipal services, who are not covered by the rules governing public officials and are excluded from the application of the Labour Code, are governed by Decree No. 5883 of 3 December 1994 issuing the general regulations applicable to employees. It also notes that section 10 of this Decree establishes the maximum number of weekly hours of work for these employees at 48 hours, but does not establish a limit for daily hours of work. The Committee hopes that this provision will be amended with a similar wording to that used in the draft amendment of the Labour Code so as to ensure that hours of work do not exceed eight in the day, as prescribed by the Convention.

Article 5. General interruptions of work. The Committee notes that the Labour Code does not currently contain a provision providing for the making up of hours of work which have been lost in the case of a general interruption of work. However, in its report in 2003, the Government indicates that the new draft section 34 of the Labour Code provides for the possibility of making up hours of work on condition that the extension of daily working hours does not exceed one hour and that the hours of work in the day do not exceed ten. The Committee draws the Government’s attention to the fact that Article 5 of the Convention further provides that hours of work which have been lost must not be allowed to be made up on more than 30 days in the year and that they must be made up within a reasonable lapse of time. It requests the Government to indicate whether it envisages including these conditions in the amended version of the Labour Code.

Article 7, paragraph 1. Permanent exceptions. The Committee refers to its previous comments concerning section 32 of the Labour Code, which authorizes increases in hours of work "in certain cases". The Committee recalls that Article 7 of the Convention only allows the adoption of such permanent exceptions for clearly specified classes of workers or establishments. Furthermore, the regulations made under this provision have to determine the number of additional hours of work which may be allowed in the day. The Committee requests the Government to indicate the measures adopted or envisaged to ensure that the legislation is in conformity with the Convention on these points. The Government is also requested to provide a copy of Regulations No. 30 of 20 February 1956 which, according to the indications provided by the Government in its report in 1998, allow weekly hours of work to be increased to 54 hours in commercial establishments.

Article 7, paragraph 2. Temporary exceptions. The Committee notes that, according to the information provided by the Government in its report in 2003, the new draft section 33 of the Labour Code reduces from 12 to ten hours the daily hours of work authorized in the case of temporary exceptions. However, it does not indicate whether the circumstances in which such an extension of hours of work is allowed have been defined more specifically than in the current wording of section 33, which allows temporary exceptions "in cases of emergency". Moreover, in the case of employees in government and municipal services, to whom Decree No. 5883 of 3 December 1994 applies, daily working hours may also be extended in cases of emergency, although no limit is determined for the number of additional hours allowed (section 10 of the Decree).

The Committee recalls that the Convention allows the granting of temporary exceptions in specific circumstances, and particularly "in case of accident, actual or threatened, force majeure, or urgent work to machinery or plant, but only so far as may be necessary to avoid serious interference with the ordinary working of the establishment". The Committee hopes that, in its amended version, section 33 of the Labour Code will enumerate the circumstances in which temporary exceptions to the rules respecting hours of work are allowed, in accordance with the provisions of Article 7 of the Convention. The Committee also requests the Government to indicate the measures adopted or envisaged to amend Decree No. 5883 in the same sense and to determine the daily and annual limits to the additional hours allowed under this Decree.

Article 8. Consultation of workers’ and employers’ organizations. The Committee requests the Government to specify whether, as indicated in its previous reports, the special commission established to examine the measures which are necessary to bring the legislation into conformity with ratified Conventions has examined the issue of the application of this provision, which provides for consultation with the workers’ and employers’ organizations concerned before the adoption of regulations providing for permanent or temporary exceptions.

Part V of the report form. While recalling that the Government has not yet provided general indications on the manner in which the Convention is applied, in practice, the Committee requests the Government to provide information on this subject in its next report including, for example, statistics on the number of workers covered by the relevant legislation, extracts from the reports of the inspection services and, if possible, indications of the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's last report on the application of the Convention and the information supplied in response to its direct request of 1994 concerning the measures taken or envisaged to apply the Articles of the Convention addressed in the Committee's comments. It notes in particular the indication that a draft amendment to section 31 of the Labour Code expressly states that normal working hours shall be eight hours per day and 48 hours per week, which is consistent with the provisions of Article 3 of the Convention. The Committee also notes the draft amendment to section 34 of the Code concerning the exceptions allowed to normal hours of work in commerce and offices. The Committee would be grateful if the Government would inform the Office as and when these amendments are adopted.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the Government's report in reply to its previous comments. It notes in particular the information concerning the application of Article 11 of the Convention. It would be grateful if the Government would supply additional information in its next report on the following points:

Article 1. The Committee once again requests the Government to indicate the legal provisions governing the situation of salaried employees and wage-earners who are on probation or work on a daily basis in government and municipal services, to whom the public service regulations do not apply and who are excluded from the scope of the Labour Code.

Article 3. The Committee notes the information supplied by the Government concerning weekly hours of work. However, it notes that section 31 of the Labour Code still determines a weekly limit to hours of work without establishing a daily limit, as provided by Article 3 of the Convention. The Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged with a view to ensuring that the legislation is in conformity with Article 3 of the Convention.

Article 7. The Committee refers to its previous comments relating to sections 32 and 33 of the Labour Code, which authorize exceptions to hours of work which go beyond the exceptions provided for in the Convention. Furthermore, section 32 does not establish a limit to the additional hours of work that may be allowed, and section 33 does not determine the number of additional hours which may be allowed in the year, in accordance with Article 7, paragraph 3. The Committee notes the statement that exceptions apply for a limited time and that measures will be taken to give effect to this provision in the context of the work of the special commission established to examine the measures which are necessary to bring the legislation into conformity with ratified Conventions.

Article 8. The Committee also notes the Government's statement that the above special commission would examine the question of the application of this Article, which provides for the consultation of the workers' and employers' organizations concerned before making the regulations provided for in Articles 6 and 7 of the Convention.

The Committee hopes that, as soon as circumstances permit, the Government will be able to envisage the possibility of enacting the appropriate legislative texts to give full effect to the provisions of the Convention on which it has commented.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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

Article 1 of the Convention. Sections 31 and 5 of the Labour Code refer to "commercial corporations" and "corporations of the liberal professions". Furthermore, the salaried employees and wage earners on probation or on daily basis belonging to government and municipal services to whom the public service regulations do not apply are excluded from the scope of the Labour Code. The Committee requests the Government to indicate if there are any legal provisions that give effect to the Convention for the classes of workers covered by Article 1 of the Convention to whom the provisions of the Labour Code concerning hours of work do not apply.

Article 3. Section 31 of the Labour Code merely establishes a weekly limit to hours of work without establishing a daily limit, as provided by Article 3 of the Convention. The Committee requests the Government to state whether there are any other legal provisions of general character which prescribe such a limit.

Article 7. Sections 32 and 33 of the Labour Code authorize exceptions to hours of work which go further than the exceptions provided for by the Convention. Moreover, section 32 which deals with permanent exceptions does not specify the number of additional hours of work that may be allowed in the day nor does section 33 which deals with temporary exceptions determine the number of additional hours that may be allowed in the year, as provided by paragraph 3 of Article 7. The Committee requests the Government to state whether there are any other legal provisions laying down precisely cases in which these exceptions are applicable and the number of additional hours of work allowed in such cases.

Article 8. The Government is requested to state whether the provisions referred to in Articles 6 and 7 of the Convention are made after consultation with the workers' and employers' organizations concerned as required by this Article of the Convention.

Article 11. The Government is also requested to indicate the legal provisions giving effect to the following provisions of Article 11 of the Convention:

- paragraph 2(b) (rest periods to be notified to the staff);

- paragraph 2(c) (recording of additional hours of work performed and of the payments made in respect thereof);

- paragraph 3 (illegality of employing any person outside the times fixed).

The Committee requests the Government to provide a copy of the above-mentioned legal provisions, in case they exist, and, if not, to consider the possibility, as soon as circumstances permit, of issuing necessary legal texts to give full effect to the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret 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 1 of the Convention. Sections 31 and 5 of the Labour Code refer to "commercial corporations" and "corporations of the liberal professions". Furthermore, the salaried employees and wage earners on probation or on daily basis belonging to government and municipal services to whom the public service regulations do not apply are excluded from the scope of the Labour Code. The Committee requests the Government to indicate if there are any legal provisions that give effect to the Convention for the classes of workers covered by Article 1 of the Convention to whom the provisions of the Labour Code concerning hours of work do not apply.

Article 3. Section 31 of the Labour Code merely establishes a weekly limit to hours of work without establishing a daily limit, as provided by Article 3 of the Convention. The Committee requests the Government to state whether there are any other legal provisions of general character which prescribe such a limit.

Article 7. Sections 32 and 33 of the Labour Code authorise exceptions to hours of work which go further than the exceptions provided for by the Convention. Moreover, section 32 which deals with permanent exceptions does not specify the number of additional hours of work that may be allowed in the day nor does section 33 which deals with temporary exceptions determine the number of additional hours that may be allowed in the year, as provided by paragraph 3 of Article 7. The Committee requests the Government to state whether there are any other legal provisions laying down precisely cases in which these exceptions are applicable and the number of additional hours of work allowed in such cases.

Article 8. The Government is requested to state whether the provisions referred to in Articles 6 and 7 of the Convention are made after consultation with the workers' and employers' organisations concerned as required by this Article of the Convention.

Article 11. The Government is also requested to indicate the legal provisions giving effect to the following provisions of Article 11 of the Convention:

- paragraph 2(b) (rest periods to be notified to the staff);

- paragraph 2(c) (recording of additional hours of work performed and of the payments made in respect thereof);

- paragraph 3 (illegality of employing any person outside the times fixed).

The Committee requests the Government to provide a copy of the above-mentioned legal provisions, in case they exist, and, if not, to consider the possibility, as soon as circumstances permit, of issuing necessary legal texts to give full effect to the Convention.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

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 1 of the Convention. Sections 31 and 5 of the Labour Code refer to "commercial corporations" and "corporations of the liberal professions". Furthermore, the salaried employees and wage earners on probation or on daily basis belonging to government and municipal services to whom the public service regulations do not apply are excluded from the scope of the Labour Code. The Committee requests the Government to indicate if there are any legal provisions that give effect to the Convention for the classes of workers covered by Article 1 of the Convention to whom the provisions of the Labour Code concerning hours of work do not apply.

Article 3. Section 31 of the Labour Code merely establishes a weekly limit to hours of work without establishing a daily limit, as provided by Article 3 of the Convention. The Committee requests the Government to state whether there are any other legal provisions of general character which prescribe such a limit.

Article 7. Sections 32 and 33 of the Labour Code authorise exceptions to hours of work which go further than the exceptions provided for by the Convention. Moreover, section 32 which deals with permanent exceptions does not specify the number of additional hours of work that may be allowed in the day nor does section 33 which deals with temporary exceptions determine the number of additional hours that may be allowed in the year, as provided by paragraph 3 of Article 7. The Committee requests the Government to state whether there are any other legal provisions laying down precisely cases in which these exceptions are applicable and the number of additional hours of work allowed in such cases.

Article 8. The Government is requested to state whether the provisions referred to in Articles 6 and 7 of the Convention are made after consultation with the workers' and employers' organisations concerned as required by this Article of the Convention.

Article 11. The Government is also requested to indicate the legal provisions giving effect to the following provisions of Article 11 of the Convention:

- paragraph 2(b) (rest periods to be notified to the staff);

- paragraph 2(c) (recording of additional hours of work performed and of the payments made in respect thereof);

- paragraph 3 (illegality of employing any person outside the times fixed).

The Committee requests the Government to provide as copy of the above-mentioned legal provisions, in case they exist, and, if not, to consider the possibility, as soon as circumstances permit, of issuing necessary legal texts to give full effect to the Convention.