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

Weekly Rest (Industry) Convention, 1921 (No. 14) - Botswana (Ratification: 1988)

Other comments on C014

Direct Request

2013
2009
1995

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Article 2(2) and (3) of the Convention. Weekly rest day. In its previous comment, the Committee drew attention to common section 5 of three Wages Regulation Orders concerning construction, manufacturing and road transport which stipulates that it is at the employer’s discretion to determine when the weekly rest period shall be given to his employees, and thus is at variance with section 93(1) of the Employment Act (CAP 47:01) which provides that the weekly rest period shall ordinarily be or include a Sunday. In its latest report, the Government indicates that it is not often possible for employers to grant weekly rest simultaneously to their staff and, in any event, section 5 of the Wages Regulation Orders ensures that employees are notified sufficiently in advance of the weekly rest schedule. The Committee notes that the non-observance of the provision of section 93(3) regarding Sunday rest by the three abovementioned wages orders contravenes Article 2 of the Convention which requires that the weekly rest be granted: (i) as far as possible, simultaneously to all the staff of an undertaking; and (ii) on a day that coincides as far as possible with the rest day established by traditions or customs of the country or district subject to the exception possibilities provided for in Articles 4 and following. The aim is not merely to ensure that employees are kept informed of the weekly rest scheme applicable to them, but much more importantly, to enable them to draw full benefit of the weekly break in terms of family and social life by taking it simultaneously. Noting the Government’s intention to bring this question to the attention of the Labour Advisory Board, the Committee requests the Government to indicate in its next report any further developments on this matter.

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee notes that, under section 94 of the Employment Act (CAP 47:01), an employee who works during a rest period, either by agreement with the employer or on being required to do so under section 95 (e.g. in the case of accident, urgent work, work essential for community or defence) shall be paid at least double the wages he would have been paid had the period been an ordinary working period, or at his option be granted a day off in lieu thereof. In this regard, the Committee recalls that Article 5 of the Convention requires that compensatory rest should be granted, as far as possible, whenever workers are obliged to perform work on their weekly rest day. 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), which 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 these Articles of the Convention.