Observation (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

Article 7 of the Convention. 1. Additional hours. Section 31 of the Labour Code still allows the parties to agree that up to two additional hours in the day may be worked in jobs which by their nature do not harm the health of the worker. Act No. 19.759 of 27 September 2001, amending the Labour Code, restricted the cases in which recourse to additional hours is authorized (section 32, as amended, of the Labour Code). Henceforth, the performance of additional hours has to respond to a "need or temporary situation prevailing in the enterprise". These terms are defined in section 4 of Circular No. 0332/0023, of 30 January 2002, as non-permanent circumstances in which the production activities of the enterprise are carried on, arising out of occasional events or factors which cannot be avoided, and which result in a greater volume of work during a given period. The Committee draws the Government’s attention to the fact that, with the exception of cases of force majeure or urgent work, as covered by section 29 of the Labour Code, Article 7, paragraph 2, of the Convention authorizes temporary exceptions in order to prevent the loss of perishable goods or avoid endangering the technical results of the work, to allow for special work or to enable establishments to deal with cases of abnormal pressure of work, in so far as the employer cannot ordinarily be expected to resort to other measures. The Committee requests the Government to provide more detailed information on the circumstances in which agreements may be concluded under sections 31 and 32 of the Labour Code.

2. Renewal of collective accords. Although accords for the performance of additional hours may not have an initial duration in excess of three months, they may be renewed insofar as the circumstances leading to their conclusion persist (section 32 of the Labour Code). The Labour Code only establishes a daily limit on the number of additional hours authorized. However, Article 7, paragraph 3, of the Convention requires that the number of additional hours of work allowed shall be determined not only in the day, but also in the year. The Committee therefore once again requests the Government to take the necessary measures to determine in advance the maximum number of additional hours which may be allowed in the year. The Government is also asked to provide copies of any collective accords which establish a system of additional hours.

The Committee is also addressing a request directly to the Government on other matters.