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

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

Article 2, paragraph 1, and Article 4, paragraph 1, of the Convention. Basic standard and exceptions to weekly rest. The Committee notes the Government’s reply to its previous comment that accumulating periods of rest is merely a flexible working time arrangement and does not result in any reduction of rest granted annually. It also notes the Government’s statement that section 124(7) of the Labour Code upholds the requirement that determining periods of rest in deviation from Article 2 of the Convention be conditional upon collective agreement and therefore always subject to prior consultations, as required by Article 4 of the Convention. The Committee further notes that section 124(5)(c) of the Labour Code, as amended by Act CLIV of 2005, permits the period of rest to be granted in an accumulated manner over a reference period which has been increased from one to two months, subject to the agreement of the parties.

In this regard, the Committee is obliged to recall that Articles 2 and 4 of the Convention are sufficiently clear in setting out a basic standard and authorizing limited exceptions to weekly rest. The Committee wishes to emphasize that the Convention is articulated around three principles: regularity (rest to be taken at seven-day intervals), continuity (rest of at least 24 consecutive hours) and uniformity (weekly break to be taken simultaneously by all workers). These are minimum standards, which governments are bound to apply and enforce, either through national laws and regulations, or by ensuring that collective agreements contain at least as favourable provisions. The Convention permits, of course, total or partial exceptions from the general weekly rest standard set out in Article 2 (including suspensions or diminutions), especially when the inherent need to keep certain establishments in operation on the day of rest (e.g. continuous processes, transport, hospitals, hotels, newspapers, etc.) or exceptional conditions (e.g. accidents, force majeure or urgent work to premises or equipment) so require. It seeks to guarantee, however, that total or partial exceptions to the normal weekly rest are authorized on as limited grounds as possible, and in any case only after due consideration having been given to all social and economic implications and needs. The Committee therefore considers that authorizing the postponement and accumulation of rest days over a period of two months subject to an individual labour agreement goes beyond what is permitted by the Convention and therefore the Government should re-examine all relevant provisions of the Labour Code with a view to bringing them into line with the letter and the spirit of the Convention which seeks to ensure that workers enjoy a minimum period of rest and leisure at regular weekly or, in any event, reasonably short intervals.

Part V of the report form. Application in practice. The Committee notes the statistical data and judicial decisions provided by the Government, in particular the information on inspection visits, prominent types of infringements and sanctions with regard to weekly rest. It would appreciate if the Government would continue providing up to date information on the practical application of the Convention, including copies of collective agreements containing clauses on weekly rest, annual activity reports of the labour inspectorate, etc.

Finally, the Committee wishes to draw the Government’s attention once again to the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), and recalls that the ILO Governing Body has decided to include that instrument among the up to date instruments the ratification of which should be promoted (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The ratification of Convention No. 106 would appear all the more advisable as the weekly rest legislation of Hungary is of general scope, applying to industry and commerce alike. The Committee therefore strongly encourages the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

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 4, paragraph 1, of the Convention. Exceptions to weekly rest. The Committee notes the amendments to the Labour Code by Act XIX of 2002 and that section 124, paragraph 5, allows for rest days to be taken on a partly or fully aggregate basis, if a framework for working time is being applied. Rest days may be taken every two weeks or up to once a month subject to the provision of the collective or any other agreement between the parties involved. Section 124, paragraph 6, states that collective agreements may provide for rest days to be granted on a partly or fully aggregate basis for up to six weeks, in positions of a readiness character, in uninterrupted work schemes or work schemes with three or more shifts and in the case of an employee performing seasonal work. Furthermore, section 124, paragraph 7, allows collective agreements to make exemptions from providing one rest day to be granted after six days of work for those working several shifts, working in uninterrupted work schemes or uninterrupted positions, or those performing seasonal work. Article 4, paragraph 1, provides that the Government may authorize total or partial exceptions (including suspensions or diminutions) from the provisions of at least 24 consecutive hours of rest in every period of seven days, special regard being had to all proper humanitarian and economic considerations and after consultations with responsible associations of employers and workers. The Committee reminds the Government that the provision of a weekly rest as prescribed in Article 2 of the Convention is to be considered as an elementary guarantee to safeguard the health and welfare of workers and protect them against the risk of abuse. Therefore, exceptions must be limited to what is strictly necessary. It requests the Government to provide further information on how it is ensured full conformity with the requirements of the Convention in this regard.

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 they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 4, paragraph 1, of the Convention. Exceptions to weekly rest. The Committee notes the amendments to the Labour Code by Act XIX of 2002 and that section 124, paragraph 5, allows for rest days to be taken on a partly or fully aggregate basis, if a framework for working time is being applied. Rest days may be taken every two weeks or up to once a month subject to the provision of the collective or any other agreement between the parties involved. Section 124, paragraph 6, states that collective agreements may provide for rest days to be granted on a partly or fully aggregate basis for up to six weeks, in positions of a readiness character, in uninterrupted work schemes or work schemes with three or more shifts and in the case of an employee performing seasonal work. Furthermore, section 124, paragraph 7, allows collective agreements to make exemptions from providing one rest day to be granted after six days of work for those working several shifts, working in uninterrupted work schemes or uninterrupted positions, or those performing seasonal work. Article 4, paragraph 1, provides that the Government may authorize total or partial exceptions (including suspensions or diminutions) from the provisions of at least 24 consecutive hours of rest in every period of seven days, special regard being had to all proper humanitarian and economic considerations and after consultations with responsible associations of employers and workers. The Committee reminds the Government that the provision of a weekly rest as prescribed in Article 2 of the Convention is to be considered as an elementary guarantee to safeguard the health and welfare of workers and protect them against the risk of abuse. Therefore, exceptions must be limited to what is strictly necessary. It requests the Government to provide further information on how it ensures that these provisions are not abused.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report.

Article 4, paragraph 1, of the Convention. Exceptions. This Article provides that each member may authorize total or partial exceptions (including suspensions or diminutions) from the provisions of Article 2, special regard being had to all proper humanitarian and economic considerations and after consultation with responsible associations of employers and workers, wherever such exist. Section 124(4) of the Labour Code permits a deviation from paragraphs (2) and (3) for work of a seasonal nature.

The Committee requests the Government to indicate in its next report whether the exceptions made under section 124(4) may reduce the weekly rest period provided under section 124(1), (2) of the Labour Code for workers in industrial undertakings.

Article 4, paragraph 1. Consultations. Section 124(3), (4) of the Labour Code does not contain provisions respecting consultations required on the authorization of exceptions. The Government has indicated that possible exceptions under section 124(3) are based on a unilateral decision by the employer and that exceptions under section 124(4) are at the employer’s discretion. Accordingly, no consultations appear to be necessary before determination of a rest period different from Article 2 of the Convention. The Committee wishes to point out that the current national legislation and practice are not in conformity with Article 4 of the Convention. It requests the Government to inform the Committee about steps undertaken to ensure full application of the Convention and to state the methods adopted for consulting the responsible associations of employers and workers.

Article 6, paragraph 1. This Article provides that each Member shall draw up a list of the exceptions made under Articles 3 and 4 of this Convention and shall communicate it to the International Labour Office, and thereafter any modifications of this list. The Committee requests the Government again to furnish a list of the exceptions made under Article 4 in accordance with Article 6 of the Convention.

Part I of the report form. The Committee notes the forthcoming amendment of the National Labour Code due to the transposition of the EU acquis communautaire. It requests the Government to keep it informed of the developments and to supply a copy of the relevant legal texts, once adopted.

Parts III-V of the report form. The Committee requests the Government to provide information in respect of the practical application of the Convention by referring to all questions under Parts III-V. In particular, with reference to Part V of the report form, please give a general appreciation of the manner in which the Convention is applied in your country, including extracts from the reports of the inspection services, information concerning the number of workers covered by the relevant legislation and the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with interest the information provided in the Government's report and the adoption of the Labour Code (Act No. 22) of 1992. The Committee requests the Government to provide additional information, in future reports, on the following points:

Articles 4 and 5 of the Convention. The Committee notes that section 124, subsections (3) and (4), of the Labour Code permits certain exceptions to the weekly rest period provided for in section 124, subsections (1) and (2). The Committee requests the Government to provide information on the practical application of these exceptions, and on any consultations with the responsible associations of employers and workers in this regard. It would be grateful if the Government would also indicate what measures exist to ensure compensatory rest periods for seasonal workers, in particular.

Article 6. The Committee requests the Government to furnish a list of the exceptions made under Article 4 of the Convention.