Observación (CEACR) - Adopción: 2005, Publicación: 95ª reunión CIT (2006)

Article 7, paragraphs 2 and 3, of the Convention. Temporary exceptions - annual limits to additional hours. The Committee notes with regret that in its report, the Government merely repeats that it maintains its decision not to amend the Labour Code for the time being and that there is no consensus among the social partners on this matter. The Committee is therefore bound to point out once again that since the adoption of the Labour Code in 1971, i.e., for more than 30 years, it has been stressing the need to amend section 36(4) of the Code which sets only daily and weekly limits for overtime, whereas the Convention requires also an annual limit to be set with respect to the temporary exceptions. The Committee notes that the Government has stated that it is aware of its obligations under the Convention and has asked the Office to have the matter of its application dealt with in the course of a technical assistance mission on freedom of association that is scheduled for February 2006. The Committee recalls that a bill to bring the legislation into line with the Convention was drafted as long ago as 1977 in the context of a direct contacts mission. It trusts that, following the technical assistance mission that has been scheduled, the Government will do its utmost to ensure without further delay that its legislation is brought into line with the Convention on this point.

The Committee also notes from the information supplied by the Government in its report that the labour courts are responsible for the procedures pertaining to overtime. It requests the Government to provide more detailed information on this aspect.

Part V of the report form. The Committee notes the information sent by the Government and asks it to continue to provide general information on the manner in which the Convention is applied in practice.

[The Government is asked to reply in detail to the present comments in 2006.]