Solicitud directa (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

The Committee notes with interest the adoption of Act No. 16-92 of 29 May 1992 promulgating the Labour Code. It notes in particular that section 163 of the Code grants every worker an uninterrupted weekly rest of 36 hours. The Committee would be thankful for further information on the following points:

Article 2 of the Convention. The Committee requests the Government to indicate the specific legislative provisions applying the Convention to public establishments, institutions and administrative services in which the persons employed are mainly engaged in office work.

Article 7, paragraphs 1 and 4. The Committee notes that the Labour Code (sections 153-156) sets forth the procedures which must be followed in the event that the employer needs to increase working days or hours. However, the Code does not specifically refer to the case in which there is a change in the weekly rest day where the nature of the work, the nature of the service performed, the size of the population to be served, or the number of persons employed is such that the general provision for weekly rest cannot be applied. The Committee therefore requests the Government to indicate whether changes to the weekly rest period are only permitted under such conditions in accordance with Article 7, paragraph 1, of the Convention.

The Committee also requests the Government to indicate what consultations take place and the methods used for consulting with the representative employers' and workers' organizations concerned, before the introduction of special weekly rest schemes.

Article 8, paragraph 1. The Committee requests the Government to take the suitable measures to introduce the necessary precise provisions into the Labour Code or other national legislation with regard to temporary exemptions, total or partial, including the suspension or reduction of the rest period, under the special cases specified in Article 8, paragraph 1, of the Convention.

Article 8, paragraph 2. The Committee requests the Government to indicate what consultations take place and the methods used for consulting the employers' and workers' organizations concerned, before the introduction of temporary exemptions.

Article 8, paragraph 3. Under section 164 of the Labour Code, a worker who provides a service during the period of his weekly rest period may choose to receive his ordinary wage increased by 100 per cent or to have a compensatory rest period the following week equal to the time of his weekly rest period. The Committee observes that under Article 8, paragraph 3, of the Convention, the granting of compensatory rest is compulsory regardless of monetary compensation. The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention in this respect.

Article 11. The Committee requests the Government to supply lists of the categories of persons and the types of establishment subject to special weekly rest schemes as provided for in Article 7, and information on the circumstances in which temporary exemptions may be granted under Article 8.