Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 1(d) and Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes the Government’s explanations that even though the Labour Protection Act B.E.2541 (LPA) does not apply to state enterprises, all employees of state enterprises are protected with respect to weekly rest in the same manner as private sector employees. In this regard, the Government refers to the adoption of the Notification of the State Enterprise Labour Relations Committee regarding the Minimum Standards of Conditions of Employment in State Enterprises (B.E. 2549 (2006) of 31 May 2006), clause 15 of which prescribes that an employer must provide a weekly holiday of not less than one day per week to employees of state enterprises and that the interval between weekly holidays must not exceed six days. The Committee would appreciate receiving a copy of the above-referenced Notification. The Committee also notes that as regards persons engaged in land transport and sea cargo handling, Ministerial Regulations No. 11 B.E.2541 (1998) and No. 12 B.E.2541 (1998) do not provide for a specific weekly rest scheme applicable to them, and therefore these categories of workers remain covered by section 28 of the Labour Protection Act.

Article 2, paragraphs 2 and 3. Uniformity of weekly rest. The Committee notes the Government’s indication that generally most employers provide weekly holiday to all their personnel simultaneously and that normally the weekly rest day is Sunday even though there is no provision to this effect in the Labour Protection Act. The Committee recalls, in this connection, that the Convention is articulated around three principles, that is continuity (a period of rest comprising at least 24 consecutive hours), regularity (weekly rest to be enjoyed in every period of seven days), and uniformity (weekly rest to be granted as far as possible simultaneously to the whole of the staff on the day established by tradition or custom). Noting that section 28 of the Labour Protection Act does not fully reflect the above principles, the Committee requests the Government to explain how it is ensured in law and practice that the weekly rest, wherever possible, is granted simultaneously to the whole of the staff and is fixed so as to coincide with the day(s) already established by the traditions or customs of the country or district.

Article 4. Special weekly rest schemes. The Committee notes the Government’s explanations concerning the practical reasons for which workers employed in remote areas are allowed to accumulate or postpone weekly holidays for periods of up to four weeks. It recalls that according to the spirit of the Convention workers should enjoy a minimum period of rest and leisure at regular weekly, or in any event, reasonably short intervals. In this connection, it refers to Paragraph 3 of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which although not strictly relevant to industrial undertakings, gives useful guidance by indicating that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee therefore requests the Government to reconsider on the next suitable occasion the appropriateness of authorizing the accumulation of weekly rest days for periods of up to 28 working days and eventually modify the relevant provisions of its labour laws and regulations.

Article 5. Compensatory periods of rest. The Committee notes the Government’s statement that work on a weekly rest day may only be performed with the employee’s prior consent and also on the condition that financial compensation is granted. The Committee once more recalls 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, irrespective of any cash compensation that may be offered. The Committee therefore requests the Government to indicate any steps it intends to take in order to ensure that, as far as possible, compensatory rest is provided whenever workers are required to work on the day of their weekly rest.

Part V of the report form. Application in practice. The Committee notes the statistical data on labour inspection results, according to which out of 50,993 establishments inspected, 391 violations of the workers’ weekly rest entitlement were recorded. It would appreciate if the Government would continue providing up to date information on the practical application of the Convention, including, copies of collective agreements containing clauses on weekly rest, extracts from labour inspection reports showing the number of visits, infringements of the legislation on weekly rest and sanctions imposed, etc.

Finally, the Committee wishes to draw the Government’s attention once again to the decision of the ILO Governing Body according to which 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 continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 – especially since the relevant legislation is of general application and covers equally industry and commerce – and to keep the Office informed of any decision taken or envisaged in this respect.