Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Repetition

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee recalls its previous comment in which it noted that as it currently reads, section 13(1)(f) of the Labour Act (Cap. 73) permits broad exceptions to the principle that no worker may be required to work more than six days in one week, including persons employed in essential services (water, electricity, fire, health, hospital, sanitary, port services, telecommunications, air traffic, air transportation, immigration, meteorology, customs, broadcasting, post office) and also persons employed in occupations in which work on customary rest days is expressly provided for in the contract of employment. The Government had indicated in earlier reports that these exceptions do not affect the workers’ entitlement to a period of rest of 24 consecutive hours in any seven-day period and also that workers required to perform work on a weekly rest day receive extra pay but not compensatory periods of rest. The Committee accordingly requests the Government to provide clarifications as to the special weekly rest schemes that may be applicable to persons employed in essential services and to transmit a copy of any relevant administrative rules. In addition, noting that the Labour Act is currently under review, the Committee requests the Government to consider appropriate steps to ensure that when work is done on Sundays or other customary rest days, workers will be granted, as far as possible, compensatory rest irrespective of the monetary compensation provided for in section 14(2)(b) of the Labour Act.