Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

The Committee notes the Government’s last report and the additional information provided with the technical assistance of the ILO. It also notes that the Government envisages once again availing itself of this assistance for the formulation of a new Labour Code in conformity with the provisions of the Convention. The Committee trusts that the new Labour Code, and any new regulations on the application of hours of work will be adopted in the near future and will give full effect to the Convention, taking into consideration the Committee’s previous comments on Articles 6 and 8 of the Convention, which read as follows:

Article 6. The Committee noted, with reference to paragraph 1(b), that section 6(2) of Order No. 1283 of 23 October 1953 authorized extensions of hours of work either for seasonal work, or because of the need to maintain or increase production, or because of a shortage of labour, whereas the Convention provides for temporary exceptions only to enable establishments to deal with exceptional cases of pressure of work. It therefore requested the Government to examine the possibility of adopting measures to restrict the circumstances in which such exceptions are possible to the cases provided for by the Convention. The Committee would be grateful if the Government would provide full information on the measures which have been taken in this respect, as well as to ensure that employers’ and workers’ organizations are consulted before the adoption of the regulations referred to in Article 6.

Article 8. The Committee also requests the Government to provide information on the manner in which effect is given to paragraph 1(c) (the recording of all additional hours worked) and paragraph 2 (illegality of exceeding the hours of work notified).

Finally, the Committee requests the Government to provide information on the preliminary draft texts of: (1) the Bill to issue regulations respecting conditions of work; and (2) the Order issuing regulations respecting hours of work, to which reference was made in the report for the period ending 30 June 1987.

The Committee requests the Government to keep the ILO informed of the progress made with the draft texts to revise the labour legislation.