Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes with regret that the Government confines itself in its report to describing the provisions of the Basic Labour Act (LOT) respecting hours of work and does not reply to its previous comments. It therefore requests the Government to provide detailed information on the following points.

Article 2 of the Convention. Daily and weekly hours of work – types of work not subject by their nature to the rules respecting hours of work. The Committee requests the Government to specify the categories of workers that are covered by section 198(d) of the LOT, under the terms of which workers who are engaged in types of work that are not subject by their nature to the rules respecting hours of work are not covered by the limitations imposed in this respect by the law, except for the prohibition upon working more than 11 hours in the day and the obligation to benefit from at least one hour of rest during the day.

Extension of hours of work at night. The Committee notes that, under the terms of section 195 of the LOT, hours of work at night may not exceed seven hours in the day or 40 hours in the week. It further notes that, under the single paragraph (párrafo único) supplementing this provision, the national executive authorities may determine types of work for which the duration of night work may be extended. The Committee requests the Government to indicate whether the national executive authorities have adopted rules under this provision and, if so, to provide a copy.

Article 6, paragraphs 1(a) and 2. Permanent exceptions – Preparatory or complementary work. The Committee notes that, under the terms of section 199(a) of the LOT, normal hours of work may be extended for preparatory or complementary work which must necessarily be carried on outside the limits laid down for the general working of an establishment. It also notes that the last paragraph of this section provides that the national executive authorities are to determine the types of work to which this provision is applicable. The Committee requests the Government to indicate whether regulations have been adopted for this purpose and, if so, to provide a copy and to supply information on the consultations held on this subject with the employers’ and workers’ organizations concerned.

Article 6, paragraph 1(b). Temporary exceptions. The Committee requests the Government to indicate whether the labour inspection services are empowered, under section 207 of the LOT, to authorize the performance of overtime hours outside the cases covered by section 199 of the Act and, if so, to provide details of the cases in which such temporary exceptions are allowed.

Article 6, paragraph 2. Limitation of the number of additional hours. The Committee notes that section 207(b) of the LOT limits the number of additional hours authorized in a week and in a year. However, it observes that the single paragraph supplementing this provision permits the national executive authorities to modify the above limits for specific activities and after consultation with the representative organizations concerned. The Committee requests the Government to indicate whether rules have been adopted under this provision and, if so, to provide a copy and to supply information on the consultations held on this subject with the organizations of employers and workers concerned.

Finally, the Committee notes the Government’s indications concerning the trend for a progressive reduction of hours of work, in accordance with article 90 of the Constitution. It notes that collective agreements envisage reduced hours of work and that a movement has been launched with a view to setting this duration at six hours in the day and 36 hours in the week. It requests the Government to provide fuller information on the measures adopted in this context and to provide copies of collective agreements containing provisions relating to the reduction of working time.

Part VI of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including extracts from reports of the labour inspection services, information on the number of workers covered by the legislation giving effect to the Convention, the number and nature of offences reported, and any measures adopted in response.