Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

Article 7, paragraph 1, and Article 11, paragraph (a) of the Convention. Special weekly rest schemes. The Committee notes that the Government’s report replies partially to the points raised in the previous direct request. It is therefore obliged once again to draw the Government’s attention to section 43(1) of Working Environment Act No. 70 of 2000, which exempts from the general rule on Sunday weekly rest persons performing work for the advancement of society or necessary for the maintenance of values. Recalling that the Convention allows for the exemption of specified categories of persons or specified types of establishments from the generally applicable weekly rest scheme where the nature of the work, the nature of the service performed, the size of the population to be served, or the number of persons employed, is such that the scheme cannot be applied, the Committee requests the Government to specify the categories of workers who regularly work on Sundays under section 43(1) of the Working Environment Act.

Article 8, paragraph 1. Temporary exemptions. The Committee notes that, under section 45(1) of the Working Environment Act, deviations from the rule on Sunday rest may be approved by the Working Environment Authority when the performance of the work makes it impossible to postpone or special working methods make deviations reasonable. Noting that the circumstances in which these temporary exemptions may be granted go beyond those specified in Article 8(1) of the Convention (i.e. accident, force majeure, urgent repair or maintenance work, abnormal pressure of work, or work to prevent the loss of perishable goods), the Committee requests the Government to explain how it is ensured compliance with this Article of the Convention. In addition, the Committee notes that, under section 45(4) of the Working Environment Act, the Minister may approve derogations from the rules on weekly rest in competence fields or special work disciplines where special circumstances make it necessary. In this connection, the Committee again asks the Government to indicate whether any such decisions have ever been taken and, if so, whether workers’ and employers’ organizations had been consulted in advance.

Article 8, paragraph 3. Compensatory rest. The Committee notes that section 43(2) of the Working Environment Act, which provides for compensatory rest only in the case of regular Sunday work, apparently does not apply to other types of derogations permitted under sections 44–45 of the Act. The Committee recalls, in this respect, that compensatory rest of a total duration of at least 24 hours for each period of seven working days must be granted, not only in cases of special weekly rest schemes (or permanent exemptions) but also in all cases of temporary exemptions. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that full effect is given to the Convention in this regard.

Part V of the report form. Application in practice. The Committee notes that for many years the Government has not supplied any general information on the manner in which the Convention is applied in practice. It therefore requests the Government to provide all available information in this regard, including, for instance, labour inspection results and statistics showing the number and nature of contraventions reported, relevant extracts from activity reports of the Working Environment Authority, etc.

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 7, paragraph 1, read in conjunction with Article 11(a), of the Convention. The Committee notes section 43(1) of Act No. 70 of 2000, which exempts from the general rule on weekly rest persons performing work in the interest of the community or work necessary to uphold values. The Committee is bound to recall, in this connection, that the Convention provides for special weekly rest schemes to be applied to specified categories of persons or specified types of establishments, regard being paid to all proper social and economic considerations. The Committee therefore requests the Government to provide specific information on the categories of workers or types of establishments subject to special weekly rest schemes. The Government is also requested to provide a copy of Act No. 70.

Article 8. The Committee notes that according to section 45(1) of the Act, temporary exemptions from the weekly rest are allowed when the type of work makes it impossible to delay the work or when special work methods make derogations reasonable. Considering that these exemptions are significantly broader than those prescribed in the Convention, the Committee requests the Government to indicate how the tripartite Working Environment Authority applies the relevant provisions in practice so as to prevent any possible abuse. In addition, the Committee notes that under section 45(4) of the Act, the President of the regional Government may approve derogations from the rules on weekly rest in special occupational fields or in fields where special circumstances apply. 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 observes that section 43(2) of the Act, which provides for compensatory period of rest in the case of regular work performed on a rest day, apparently does not apply to the derogations permitted under sections 44–46 of the Act. The Committee recalls that, where temporary exemptions are made in accordance with the provisions of this Article of the Convention, the persons concerned must be granted compensatory rest of a total duration of at least 24 hours for each period of seven working days. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure that full effect is given to the Convention in this respect.

Part V of the report form. The Committee requests the Government to provide all available information on the practical application of the Convention 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.

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

The Committee notes the information contained in the Government’s last report.

Article 7, paragraph 1, read in conjunction with Article 11(a), of the Convention. The Committee notes section 43(1) of Act No. 70 of 2000, which exempts from the general rule on weekly rest persons performing work in the interest of the community or work necessary to uphold values. The Committee is bound to recall, in this connection, that the Convention provides for special weekly rest schemes to be applied to specified categories of persons or specified types of establishments, regard being paid to all proper social and economic considerations. The Committee therefore requests the Government to provide specific information on the categories of workers or types of establishments subject to special weekly rest schemes. It would also appreciate receiving a copy of Act No. 70.

Article 8. The Committee notes that according to section 45(1) of the Act, temporary exemptions from the weekly rest are allowed when the type of work makes it impossible to delay the work or when special work methods make derogations reasonable. Considering that these exemptions are significantly broader than those prescribed in the Convention, the Committee requests the Government to indicate how the tripartite Working Environment Authority applies the relevant provisions in practice so as to prevent any possible abuse. In addition, the Committee notes that under section 45(4) of the Act, the President of the regional Government may approve derogations from the rules on weekly rest in special occupational fields or in fields where special circumstances apply. 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 observes that section 43(2) of the Act, which provides for compensatory period of rest in the case of regular work performed on a rest day, apparently does not apply to the derogations permitted under sections 44-46 of the Act. The Committee recalls that, where temporary exemptions are made in accordance with the provisions of this Article of the Convention, the persons concerned must be granted compensatory rest of a total duration of at least 24 hours for each period of seven working days. The Committee therefore requests the Government to indicate any measures taken or envisaged to ensure that full effect is given to the Convention in this respect.

Part V of the report form. The Committee requests the Government to provide all available information on the practical application of the Convention 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.