Observation (CEACR) - adoptée 1996, publiée 85ème session CIT (1997)

The Committee notes the information supplied by the Government in reply to its previous observation. It notes with satisfaction the adoption, on 5 March 1996, of the law repealing section 146 of the Labour Code which was the reason why the courts constantly refused to recognize, in the transport sector, the limits to the working day laid down in the Constitution and, consequently, payment of overtime in this sector.

Furthermore, referring to the comments it has been making for several years, the Committee notes, once again, that the Government does not supply any new information on the application of Articles 2(b) and 6, paragraph 1, of the Convention. It recalls that, even though ratification of the Convention implies that the latter shall prevail, according to the national constitution, it is nevertheless necessary to lay down specific provisions on the following matters.

1. Article 2(b) of the Convention. The second paragraph of section 136 of the Labour Code supplements the principle contained in the Constitution in the following manner: Nevertheless, in work which is not inherently unhealthy or dangerous, a normal working day of up to ten hours and a mixed working day of up to eight hours may be determined, provided that weekly working hours do not exceed 48. The Committee notes that under the terms of the above-mentioned provision of the Convention, the additional hours authorized shall in no case be more than one hour a day. It requests the Government to indicate how compliance with this provision is ensured in practice.

2. Article 6, paragraph 1. In previous comments, the Committee referred to section 140 of the Labour Code, which provides that normal working hours, plus overtime hours, must not exceed 12 hours per day. The Committee recalls that the exceptions authorized to the above provision of the Convention must remain within reasonable limits, and that regulations on this matter must be adopted by the public authorities. Permitting four hours overtime per day, without any other guarantee, such as a monthly or yearly limit, does not therefore appear to be in conformity with the Convention. The Committee therefore expresses the hope that the Government will supply in its next report information on the measures taken to ensure proper application of this paragraph.