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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government’s last report was identical to those provided previously and did not reply to its comments. The Committee hopes that, with a view to maintaining a constructive dialogue with the Organization’s supervisory bodies, the Government will examine the matters raised below and take appropriate action.

Article 5 of the Convention. Compensatory rest. The Committee notes that, under the terms of section 209 of the Labour Code, it is possible to suspend weekly rest in exceptional cases and in exchange for financial compensation. Similarly, by virtue of sections 9 and 10 of Decree No. 56 of 8 February 1969 on procedures for the application of weekly rest, derogations may be granted without any compensatory period of rest, but with overtime pay in the case of urgent work, rescue or repair work, as well as in industries handling perishable goods or facing exceptional workload. The Committee recalls in this respect that, in accordance with this Article of the Convention, provision has to be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions of the weekly rest of workers, and that periods of rest may not be replaced by a cash payment. The Government is therefore once again requested to indicate all the measures taken or contemplated to ensure that compensatory periods of rest are granted in the above cases or to indicate the agreements or customs which might already provide for such periods.

Moreover, the Committee notes the Government’s indication that workers in the oil industry are entitled to two weeks of rest for each period of four continuous working weeks. Even though the Convention does not provide for specific limits where a special weekly rest scheme applies, the Committee considers that, given the fact that weekly rest is an essential safeguard for workers’ health and welfare, exceptions should be kept strictly limited and workers should not be deprived of their weekly rest entitlement for unreasonably long periods. The Committee wishes to refer to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which offers some guidance in this respect and indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 7. Workers’ information. In its report, the Government indicates that the application of this Article of the Convention is only possible when an effective system of labour inspection is in operation. The Committee understands that the Government is experiencing serious difficulties in the organization of inspection services due to lack of resources. However, it recalls its obligation to ensure that employers abide by section 17 of Decree No. 56 of 8 February 1969, which requires the posting of notices in order to keep workers duly informed of the weekly rest arrangements applicable to them. The Committee therefore requests the Government to take appropriate action to ensure that full effect is given to this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including, for instance, any available statistics on the number of workers covered by the relevant legislation, the number and nature of contraventions reported, 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.