Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

The Committee understands that the new Labour Code was adopted by Parliament in November 2006 and asks the Government to indicate whether it has come into force. The Committee also understands that the new Code was the subject of intense political debate during the legislative elections in December 2006 and that the newly elected Government announced its intention of revising this law. The Government is requested to supply a copy of the final version of the Labour Code and to keep it informed of any revision process that occurs.

The Committee also notes the Government’s indications to the effect that it sent extracts of collective agreements by mail. However, the Committee notes that none of these texts has been received by the Office and again requests the Government to supply copies of collective agreements containing provisions relating to weekly rest.

The Committee notes that the text of the new Labour Code differs in a number of points from the draft previously sent to the Office. It notes that section 28(1) of the Code provides that the weekly rest day will be determined by agreement between the employer and the worker, with reference no longer made to the traditional weekly rest day. The Committee draws the Government’s attention to the fact that, under Article 2, paragraphs 2 and 3, of the Convention, weekly rest shall, wherever possible, be granted simultaneously to the whole of the staff of each undertaking and coincide with the days already established by the traditions or customs of the country or district. It also notes that section 28 of the Code contains a second paragraph allowing exceptions to the rules concerning weekly rest, which is formulated in similar terms to those of the Convention. However, it reminds the Government that Article 5 of the Convention requires provision to be made, as far as possible, for compensatory periods of rest for the suspensions or diminutions made under those exemptions. The Committee asks the Government to indicate the measures taken or contemplated to harmonize the provisions of the Labour Code with those of the Convention.

Article 7. Notices and rosters. The Committee notes that the Government has not replied to its previous comment on this point and asks it once again to supply model notices and weekly rest rosters, as prescribed in this provision of the Convention.

Part V of the report form. The Committee notes the Government’s indications to the effect that there are no statistical data concerning the number of workers covered by the Convention. It would be grateful if the Government would supply available information on the application of the Convention in practice, including extracts of reports from the labour inspectorate and the number of contraventions of the regulations on weekly rest which have been reported and the penalties imposed.