Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes the Government’s report. It also notes the observations of the General Union of Cameroon Workers (UGTC), which were forwarded to the Government on 4 October 2005, alleging partial observance of the Convention in commerce and offices and denouncing certain enterprises, such as the Cameroon Railway (CAMRAIL), for refusing to their employees any weekly rest. The Committee requests the Government to reply to the comments of the UGTC.

Moreover, the Committee regrets that the Government’s report leaves most of the previous comments practically unanswered. It is therefore obliged to reiterate its request for detailed information on the following matters.

Articles 2 and 4 of the Convention. While noting that, under section 1(2) of Order No. 22/MTLS/DEGRE of 27 May 1969, enterprises in the transport sector are subject to special regulations with respect to weekly rest, the Committee requests the Government to indicate the weekly rest arrangements applicable in the maritime or air transport and railway companies and to transmit a copy of any relevant instrument.

Article 6, paragraph 1. The Committee requests the Government to indicate whether the Ministerial Order, referred to in section 88(2) of the Labour Code, to prescribe the procedure for implementing weekly rest has already been issued, and if so, to transmit a copy of that text.

Article 6, paragraph 4. The Committee would appreciate receiving information on the manner in which the traditions and customs of religious minorities are respected with regard to weekly rest.

Article 7, paragraph 2. The Committee requests the Government to specify whether all persons to whom special weekly rest schemes apply by virtue of section 3 of Order No. 22/MTLS/DEGRE are entitled to a compensatory rest of at least 24 hours for each period of seven days.

Article 8, paragraph 3. The Committee recalls its previous comments in which it noted that sections 10 to 12 of Order No. 22/MTLS/DEGRE permitting derogations from the general standard on weekly rest without compensatory rest but against overtime pay in the case of urgent work, rescue or repair work, and work to prevent the loss of perishable goods, are in contradiction with section 88(1) of the Labour Code which provides that weekly rest is compulsory and may under no circumstances be replaced by a compensatory allowance. The Government has indicated in previous reports that the National Labour Consultative Committee would consider proposals with a view to revising the relevant provisions and instituting compensatory rest as a general obligation for any type of work performed on a day of weekly rest. Recalling once more that, according to this Article of the Convention, the rest period cannot be replaced by the payment of compensation but must be granted regardless of any such cash compensation, the Committee requests the Government to indicate any progress made in this regard.

Article 12. The Committee requests the Government to indicate whether the National Collective Agreement for Commerce of 1979 is still in effect and whether any of its provisions have since been revised.