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

The Committee notes the adoption of Act No. 2004-017 of 6 July 2004 issuing the Labour Code and Decree No. 2007-218 of 13 December 2007 establishing weekly rest and working hours in the public service. The Committee understands that Decree No. 222 of 2 July 1953 establishing arrangements for the application of weekly rest, as amended by Order No. 10.298 of 2 June 1965, is still in force. The Committee requests the Government to indicate whether this is so and, if not, to provide a copy of any relevant text that has been adopted to determine the arrangements for the application of weekly rest.

Articles 4 and 5 of the Convention. Total or partial exceptions and compensatory rest. The Committee notes that according to sections 11 and 12 of Decree No. 222 of 2 July 1953, exceptions to weekly rest may be granted without compensatory rest, hours worked on such days being treated as overtime. It further notes that section 16 of the same Decree provides that the weekly rest of specialists working in manufacturing or round-the-clock operations in continuous operation plants, may be partly deferred provided that the workers concerned are given a number of days’ rest at least equal to the number of weeks included in the period for which the exception is authorized and that the rest is, as far as possible, granted on Sunday. The Committee observes that, unlike section 17, which provides for periods of compensatory rest in clearly defined conditions (compensatory rest of at least two days per month, as far as possible on Sunday), section 16 is not specific as to the part to be suspended and the period during which the rest may be deferred.

The Committee draws the Government’s attention to the fact that the objective of the Convention is to protect the health and well-being of workers by ensuring that they have a minimum amount of rest, as far as possible at regular intervals. It also wishes to emphasize that under Article 4 of the Convention, in establishing total or partial exceptions to the rules on weekly rest, account must be taken of humanitarian as well as economic considerations, and that there must be prior consultation of the employers’ and workers’ organizations concerned. It accordingly requests the Government to provide more detailed information regarding the application of sections 11, 12 and 16 of Decree No. 222, and particularly on the consultations held with the social partners and the manner in which humanitarian, and not only economic, considerations have been taken into account.

Part V of the report form. Application in practice. The Committee requests the Government to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts of reports by the inspection services indicating the number and nature of offences reported and the penalties imposed, the number of workers covered by the legislation, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be encouraged because they continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.