Solicitud directa (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

Article 7, paragraph 2, of the Convention. The Committee notes with interest the indication in the Government's report that the ministerial decisions taken under section 35bis of the Labour Code which fix the opening and closing hours in commercial establishments expressly provide that their provisions will not prejudice the workers' right to a weekly rest period of 36 consecutive hours. It further notes the example of such a decision provided by the Government in this regad. The Government is requested to keep the Office informed of any other ministerial decisions issued under section 35bis and to indicate the manner in which it is ensured that the workers concerned still enjoy a weekly rest period of at least 24 hours.

Article 8, paragraph 3. In its previous comments, the Committee noted that section 37 of the Labour Code provided that a worker who was required to work on a weekly rest day by virtue of section 33 could choose between an equivalent period of compensatory rest and the wages for the hours worked. The Committee recalled that, under this provision of the Convention, equivalent compensatory rest should be granted whenever temporary exemptions were made in accordance with this Article. The Government indicated in its latest report that inspectors were responsible for verifying the workers' choice in this regard and that the question of the conformity of section 37 of the Code with Article 8, paragraph 3, depended on what was most favourable to the workers. The Government added that the measures for applying this provision of the Convention would be examined taking into account the interest of the workers. The Committee trusts that the necessary measures will be taken to ensure that, in cases of exemption from the weekly rest provisions, workers will be granted equivalent compensatory rest and requests the Government to indicate, in its next report, any progress made in this regard.