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Weekly Rest (Industry) Convention, 1921 (No. 14) - Lesotho (Ratification: 1966)

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

Article 4 of the Convention. Total or partial exceptions. In previous comments, the Committee had requested the Government to provide information on the progress made to reach agreement on the weekly rest scheme for workers in the mining company Letseng Diamonds (Pty) Ltd through consultations. The Committee notes that the Government indicates in its report that the Labour Code (Exemption of Diamond Mining Industry from sections 117 and 118) Regulations 2021, adopted in consultation with employers’ and workers’ organizations within the National Advisory Committee on Labour (NACOLA), provides for special weekly rest arrangements for this category of workers. The Committee takes note of this information, which addresses its previous request.

Article 5. Compensatory rest. In its previous comments, the Committee had noted that the Labour Code Order did not contain a general provision guaranteeing compensatory rest in case of total or partial exceptions to the ordinary weekly rest period. In this regard, the Committee notes the Government’s indication that the Labour Code Bill 2021 is at an advanced stage of promulgation and that it will give effect to Article 2 of the Convention. The Committee requests the Government to take the necessary measures to ensure that provision is made, as far as possible, for compensatory periods of rest in case of permanent or temporary exceptions to the weekly rest principle irrespective of any monetary compensation, including in the framework of the Labour Code Order’s revision process, as required by Article 5 of the Convention. It also requests the Government to transmit a copy of any new relevant legal text, once adopted.

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

Article 4 of the Convention. Total or partial exceptions. Recalling its previous comment concerning the exemptions to the normal weekly rest scheme for workers in the mining company Letseng Diamonds (Pty) Ltd, the Committee notes the Government’s indication that the employers of the Diamond Mines have applied for the weekly rest scheme to consist of 12 hours of work for three weeks followed by seven continuous days of rest. The Committee notes, however, that this three-week work period would constitute a significant increase from the six day work period that had previously been agreed upon and contradicts the provisions of section 4(3) and (4) of the Labour Code (Letseng Diamonds Exemption on Hours of Work) Regulations 2005, which stipulates that employees are only allowed to work for up to a maximum of 14 days continuously before their weekly rest period. The Government indicates that the employers and workers have not reached an agreement on this matter, however, and accordingly no mine operates a 12-hour shift legally. Recalling that any total or partial exemptions from the weekly rest scheme should be authorized only following consultations with the representatives of workers and employers, and due account being taken of all proper social and economic considerations, the Committee requests the Government to keep the Office informed of the progress made to reach agreement on the weekly rest scheme for workers in the mining company Letseng Diamonds (Pty) Ltd through consultations and to transmit a copy of any agreed exemptions once they are available.

Article 5. Compensatory rest. The Committee notes the Government’s statement that, while employers have the option of compensating workers for working on their day of weekly rest at double the daily rate, in practice, employers prefer to compensate by granting an extra rest day. In this regard, the Committee recalls that the Convention seeks to guarantee that any deviations from the ordinary weekly rest schedule would only be authorized on an exceptional basis and would be compensated, as far as possible, with extra time off (irrespective of any monetary compensation) considering that a minimum period of weekly rest is essential for the workers’ health and well-being. The Committee also recalls that similar provisions are incorporated in Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), that the Government is strongly encouraged to ratify. The Committee accordingly requests the Government to consider the possibility of regulating any permanent or temporary exceptions to the weekly rest system applicable to industrial undertakings in a manner that gives full effect to the requirements of this Article of the Convention.

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

Articles 1 and 2 of the Convention. Scope of application. Right to weekly rest. The Committee notes that in a previous report the Government indicated that public servants are exempt from the normal weekly rest scheme as they are expected to be at the disposal of the Government for 24 hours every day, including Sunday. In this respect, the Committee notes that, under the terms of the Public Service Act, 2005, the Labour Code Order 1992 does not apply to this category of workers. The Committee therefore requests the Government to indicate whether public employees are engaged in industrial enterprises covered by the Convention and, if so, to specify the weekly rest scheme applicable to them.

Article 4. Total or partial exceptions. Further to its previous comment concerning the exceptions to the normal weekly rest scheme granted by the Minister under section 119(3) of the Labour Code Order, 1992, the Committee notes the Government’s indication that since 2006 the workers of the mining company Letseng Diamonds (Pty) Ltd have been covered by an exemption from the weekly rest scheme established under section 117 of the Labour Code. It notes that these workers were in agreement, principally in view of the distance between their workplace and their homes, to work 12 hours a day for a period of six days, thereby obtaining a period of 96 uninterrupted hours of rest after each period of three weeks of work. However, the Committee notes that under the terms of section 4(3) and (4) of the Labour Code (Letseng Diamonds Exemptions on Hours of Work) Regulations 2005, employees may be allowed to work for up to a maximum of 14 days continuously followed by at least seven continuous rest days prior to their subsequent shift. It also notes that section 9(2) of the Regulations provides that they are valid for a maximum period of two years, after which the company has to reapply for an exemption giving the full account of the application of the provisions of national labour standards, including the provisions of these Regulations. The Committee therefore requests the Government to indicate the weekly rest scheme currently applicable to workers in this enterprise and to provide copies, where appropriate, of relevant texts adopted in the meantime.

The Committee also notes the Government’s indication that the Minister will soon publish two regulations under which the workers in two textile factories will be exempted from the weekly rest scheme established by section 117 of the Labour Code, particularly in view of the reduced hours of work resulting from electricity cuts. It further notes that the Government will provide copies of the regulations when they have been published.

Article 5. Compensatory rest. The Committee notes that, under the terms of section 117(2) of the Labour Code Order, 1992, whenever an employee is required to work on his or her day of weekly rest, the employer shall pay him or her for such work at double the employee’s wage rate for an ordinary work day. The Committee recalls in this respect the importance of compensatory rest periods for the protection of the health and well-being of workers and observes that Article 5 establishes the requirement for the provision, as far as possible, of compensatory periods of rest in cases where total or partial exceptions are applied to the normal weekly rest scheme. The Committee hopes that the Government will be in a position to ensure in all cases the granting of a compensatory rest period to workers who are employed on their weekly rest day, irrespective of the higher wage rate granted under section 117(2) of the Order.

Article 7. Notices and rosters. The Committee notes that the Labour Code Order, 1992, does not reflect the requirements of Article 7 of the Convention and requests the Government to indicate in future reports the measures adopted or envisaged to give effect to this provision (the posting of notices and the drawing up of rosters showing days and hours of rest).

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice including, for instance, extracts from reports of the inspection services indicating the number of contraventions reported in relation to the weekly rest period, the number of workers covered by the legislation, etc.

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 continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). In this respect, it recalls that the Government may, if it so wishes, request ILO technical assistance, particularly in relation to legislative modifications resulting from the possible ratification of Convention No. 106. The Committee invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decision adopted or envisaged in this respect.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the information provided by the Government in its report. The Committee notes that under section 119(3) of the Labour Code, Order No. 24 of 1992, the Minister may, after consultation with employers' and employees' organizations, make regulations prescribing exemptions, either total or partial, from the provisions on weekly rest for specified types of work. Noting the Government's indication in its report that so far no such regulations have been adopted, the Committee requests the Government to provide in future reports information on any such provisions.