Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Belarus (Ratification: 1968)

Other comments on C106

Direct Request

2014
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1995

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Article 8(1) of the Convention. Temporary exemptions from weekly rest. The Committee had previously noted that section 142 of the Labour Code provides for the possibility of work on a weekly rest day at the request of the employer with the consent of workers. The Committee recalls that Article 8(1) of the Convention allows temporary exemptions from weekly rest to be introduced only in specific circumstances, which are listed exhaustively (in case of accident, force majeure or urgent work to premises and equipment, abnormal pressure of work, or to prevent the loss of perishable goods). It notes that the Government’s reply to its previous direct request on this issue does not address the concerns raised. The Committee again asks the Government to indicate how it ensures in law and in practice that the instances in which temporary exemptions may be granted do not exceed the clearly defined circumstances set forth in Article 8(1) of the Convention.

Article 8(3). Compensatory rest. Section 146 of the Labour Code allows compensation for work on the weekly day of rest to take the form of either an alternative day of rest or a wage supplement. The Committee wishes to point out that according to Article 8(3) of the Convention, where temporary exemptions are made, they must not deprive workers of receiving a compensatory rest of a total duration of at least 24 hours. It again emphasizes that the rationale for compensatory rest is the need to protect the workers’ health and well-being, so any financial compensation must be in addition to, not in lieu of, the requisite compensatory rest. The Committee once again asks the Government to take the necessary measures so as to secure compensatory rest of at least 24 hours for all workers to whom temporary exemptions from weekly rest are applied.