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

Article 2, paragraph 1, of the Convention. Weekly rest. Further to its previous comments, the Committee notes with interest that the Employment Rights Act of 2008, which establishes the rules relating to weekly rest, applies to export processing zones, which until now were excluded from the scope of the rules relating to weekly rest, as a result of which section 20 of the Industrial Expansion Act of 1993 is repealed. The Committee would be grateful if the Government would provide a copy of the complete text of this Act as soon as possible so that it may be examined in detail.

Furthermore, the Committee notes that, according to the text of section 14(5) of the Employment Rights Act that was communicated to the Office, every worker is entitled to a rest period comprising at least 24 consecutive hours during every period of seven days, and that the day of rest must be granted at least twice a month on a Sunday or on any other day agreed upon between the worker and the employer. This possibility offered to the employer would therefore seem to have to come under the exceptions provided for in Article 4 of the Convention and not under the general scheme of Article 2, paragraph 1. The Committee notes that, if the weekly rest is not granted on the same day every week, the worker is not certain to benefit from a rest period during every period of seven days, as required by Article 2, paragraph 1, of the Convention. However, the Committee prefers to re-examine this point as soon as it has the possibility of examining the text of the new Act in its entirety.

Articles 4 and 6. Total or partial exceptions to weekly rest. The Committee notes that sections 15(1), 15(6) and 16 of the Labour Act, which provided that a worker could not be employed for more than six days a week and that work on the weekly rest day was carried out on a voluntary basis and in return for remuneration, have been replaced by the corresponding provisions of the Employment Rights Act. The Committee requests the Government to specify the new legal provisions applicable.

Furthermore, the Committee notes the list of exceptions to the general rules on weekly rest provided by the Government. The Committee observes from this list that guards in a number of industrial sectors (such as construction, metallurgy, salt production, printing and wood) working every day of the month are entitled to three days’ unpaid leave per month, one of which being a Sunday. The Committee draws the Government’s attention to the fact that the establishment of total or partial exceptions to the rules relating to weekly rest requires that both humanitarian and economic considerations be taken into account, and requires the prior consultation of the employers’ and workers’ organizations concerned. It also emphasizes that the objective of the Convention is to protect the health and welfare of workers by providing them with a minimum period of rest. It therefore requests the Government to provide further information on the consultations which have been held on the above exceptions and to specify the manner in which both humanitarian and economic considerations have been taken into account in this context.

Article 5. Compensatory rest. In its previous comment, the Committee expressed the wish to be kept informed of any progress made with regard to the introduction in the Employment Rights Bill of a provision providing for compensatory periods of rest for the exceptions to the ordinary weekly rest period. While noting that compensatory periods of rest were already granted in certain sectors and for certain workers, the Committee recalls that compensatory periods of rest are essential to the protection of the health of employees and that, in accordance with Article 5 of the Convention, they are to be granted as far as possible. The Committee therefore requests the Government to indicate whether a general provision of this kind is included in the Employment Rights Act.

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.