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Weekly Rest (Industry) Convention, 1921 (No. 14) - Armenia (Ratification: 2006)

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

Articles 4 and 5 of the Convention. Total or partial exceptions to weekly rest – Compensatory rest. The Committee notes that under section 155(2) of the Labour Code, as last amended in 2010, in enterprises where work cannot be interrupted and is preconditioned by the need to provide services to the population (city transport, electricity, gas heating supply plants, theatres, museums, etc.) rest days will be defined by the employer. The Committee requests the Government to indicate how it is guaranteed in law and in practice that weekly rest schedules established at the employers’ discretion pursuant to section 155(2) of the Labour Code fully reflect the requirements of the Convention concerning the workers’ entitlement to weekly rest (for example, account taken of all proper social considerations, compensatory rest for work done on weekly rest day, roster drawn up in accordance with method approved by law).

In addition, the Committee notes the Government’s reference to section 185 of the Labour Code, which indicates that work performed on a rest day but not stipulated by the work schedule, will be paid at no less than the double hourly rate, or be compensated by another rest day during the month or an extra day added to the worker’s annual leave. The Committee wishes to recall that under Article 5 of the Convention, when workers are required to perform work on their day of rest, they should receive, as far as possible, compensatory rest regardless of any cash compensation, with a view to protecting their health and well-being. The Committee also recalls that a similar provision is incorporated in Articles 7(2) and 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Government is strongly encouraged to ratify. The Committee accordingly requests the Government to consider appropriate steps in order to ensure that the national legislation is fully aligned with the provisions of the Convention in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 4 of the Convention. Total or partial exceptions to weekly rest. The Committee notes with interest the Government’s first report on the application of the Convention and wishes to draw its attention to the following points. The Committee notes that, under section 155(3) of the Labour Code, where work cannot be interrupted on technical grounds or because of the need for continuous services to be provided to the population, rest days are to be provided on other weekdays in accordance with applicable work schedules. The Committee requests the Government to provide additional explanations and describe the special weekly rest schemes applicable to those organizations. The Committee wishes to emphasize, in this connection, that the guarantee of a weekly rest is an essential safeguard for the health and welfare of workers and therefore recourse to exceptions must be limited to what is strictly necessary. The Committee recalls that workers should not be deprived of their weekly rest entitlement for unreasonably long periods. The Committee refers to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which offers some guidance in this respect and indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 5. Compensatory rest. The Committee notes that section 155(6) of the Labour Code prohibits work on rest days, with the exception of that which cannot be interrupted on technical grounds, or which is necessary for the provision of services to the population, or which effectuates urgent repairs, loading or unloading. The Committee requests the Government to clarify whether compensatory rest is granted in the case of urgent repair work, loading or unloading performed on the worker’s normal weekly rest day and, if so, to indicate the relevant legal provision.

Article 6. List of exceptions. The Committee notes that section 155(2) of the Labour Code contains a non-exhaustive list of organizations where work cannot be interrupted because of the nature of work or the nature of the service performed (city transport, electricity generating plants, museums, theatres, etc.). The Committee therefore requests the Government to communicate the full list of authorized exceptions to the normal weekly rest regime, as required by this Article of the Convention.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that the State Labour Inspectorate has not recorded any violation of the provisions of the Convention and also that there have not been any judicial decisions involving questions of principle relating to the application of the Convention. The Committee would be grateful if the Government would supply up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses on weekly rest, extracts from reports of the labour inspection services showing the number of any infringements observed and sanctions imposed, etc.

Finally, the Committee wishes to recall the decision of the ILO Governing Body according to which 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 they continue to respond to current needs (see GB.283/LILS/WP/
PRS/1/2, paragraphs 17–18). Therefore, the Committee once again invites the Government to contemplate ratifying Convention No. 106 – especially since the relevant legislation is of general application and covers equally industry and commerce – and to keep the Office informed of any decisions taken or envisaged in this respect.