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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Bangladesh (Ratification: 1972)

Other comments on C106

Direct Request

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Articles 2 and 6 of the Convention. Scope of application – Weekly rest day. In its report, the Government refers to a number of regulatory instruments, including the Government Servants (Conducts) Rules, 1979, which would give effect to the Convention as regards public employees. The Committee notes, however, that these instruments contain no provisions regarding the weekly rest entitlement of public employees. The Committee also notes that the Government is currently considering the adoption of a Public Employees Act. Recalling that offices of, or under, the Government as well as any shop and commercial establishment owned and directly managed by the Government are excluded from the scope of the Labour Act, 2006, the Committee requests the Government to indicate how it is ensured in law and in practice that public employees are entitled to an uninterrupted weekly rest period of at least 24 hours in the course of each period of seven days. Furthermore, in the absence of new information regarding the implementation of section 103(a) of the Labour Act, the Committee once more requests the Government to explain how it is ensured that workers are granted an uninterrupted period of rest of at least 24 hours in the course of each period of seven days and that such weekly rest, wherever possible, is given simultaneously to all the persons concerned in each establishment and coincides with the day already established by tradition or custom.

Article 7. Permanent exceptions. In its report, the Government indicates that workers employed in those businesses that are exempted from the normal weekly rest scheme, and which are enumerated in section 114(5) of the Labour Act, are entitled to a weekly rest period on an alternative day. The Committee once again requests the Government to provide more detailed explanations on the special weekly rest schemes applicable to those workers, especially on the maximum period within which the compensatory rest must be granted, and to provide copies of any relevant texts. In addition, referring to section 104 of the Labour Act which provides that workers deprived of weekly holidays should receive compensatory weekly holiday “as soon as circumstances permit”, the Committee again requests the Government to specify how it is ensured in practice that workers are not required to work excessively long periods without enjoying the weekly rest to which they are entitled.

Article 8. Temporary exceptions. In the absence of any specific legal provision on this point, the Committee requests the Government to indicate how it is ensured in law and in practice that temporary exemptions are authorized only for the reasons specified in Article 8(1) of the Convention and after consultation with representative employers’ and workers’ organizations concerned.

Article 9. Reduction of income. The Committee requests the Government to indicate the legal provision, if any, guaranteeing that no deductions may be made from wages on account of weekly rest.