Demande directe (CEACR) - adoptée 2006, publiée 96ème session CIT (2007)

The Committee recalls its previous comments in which it noted that in most industrial establishments the Convention was applied by custom and therefore new legislation was needed to codify existing practice. In this connection, the Committee notes with interest the enactment of the Employment Act, 1999, section 38 of which lays down that no employer may require an employee to work for more than six consecutive days without a period of rest comprising at least 24 consecutive hours to be taken on a customary day of rest or on a day agreed upon between the parties.

Article 4, paragraph 1, and Article 5 of the Convention. The Committee understands that, even though the Employment Act contains no express provision on total or partial exceptions from the provisions on weekly rest, work on a day of rest is, in principle, permitted on the sole condition that the employer and the worker have so agreed and cash compensation is paid at the overtime rate set out in section 42(2) of the Act. The Committee wishes to recall, in this respect, that any exceptions to the general standard must be in compliance with the conditions set out in the Convention (i.e. special attention to all proper humanitarian and economic considerations and prior consultation with responsible associations of employers and workers) and that, therefore, recourse to such exceptions must be limited to what is strictly necessary. The Committee would therefore appreciate receiving additional information on the conditions under which and the limits within which, exceptions to the weekly rest may be authorized with a view to protecting workers from any risk of abuse. In particular, the Committee would be grateful if the Government could clarify whether working on Sundays or other agreed rest days involves not only extra payment but also compensatory rest. The Committee recalls, in this respect, that, according to the terms of the Convention, the rest period cannot be replaced by the payment of compensation but must be granted, as far as possible, regardless of any such cash compensation.

Article 7. The Committee notes that there is no legislative provision to ensure that workers are kept duly informed of the days and hours of collective rest, for instance, by notices posted at the workplace, rosters or other suitable means. It therefore requests the Government to indicate how effect is given to the requirements of this Article of the Convention.

Part V of the report form. The Committee would be grateful if the Government would continue to supply general information on the application of the Convention in practice, including for instance statistics on the number of workers covered by the relevant legislation, extracts from reports of the labour inspection services showing the number of violations observed and sanctions imposed, full particulars on authorized total or partial exceptions, etc.