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

Articles 4, paragraph 1, and 5 of the Convention. Permanent and temporary exceptions. The Committee notes the Government’s explanation that the Employment Act 1999 prohibits compulsory overtime work on Sundays or public holidays except on the basis of an agreement between the employer and the employee. It recalls, in this regard, that the Convention seeks to guarantee that total or partial exceptions to the normal weekly rest are authorized on as limited grounds as possible, and in any case only after due consideration having been given to all social and economic implications and needs. It therefore requests the Government to explain how it ensures that effect is given to this requirement of the Convention in both law and practice. It would also appreciate if the Government would clarify whether and how the national legislation ensures that compensatory rest is provided, as far as possible, for work performed on a day of weekly rest, and this irrespective of any compensatory pay.

Article 7. Posting of notices. The Committee notes the Government’s indication that in practice, employers maintain rosters on a weekly or monthly basis showing time worked and leave taken by workers engaged in shift work. It would appreciate receiving sample copies of such rosters. It also invites the Government to consider the possibility of giving legislative expression to the obligation to keep the workers informed of their weekly rest by means of notices or rosters, as required by this Article of the Convention.

Part V of the report form. The Committee requests the Government to provide information concerning the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, labour inspection results showing the nature and number of the violations of the weekly rest legislation and sanctions imposed, copies of collective agreements in force containing provisions on weekly rest, 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.