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

Articles 1 and 2 of the Convention. Scope of application. Duration of the weekly rest period. Further to its previous comment concerning the weekly rest period for cleaning and security staff in enterprises, who are excluded from the provisions respecting the weekly rest period by section 89 of the Labour Code, the Committee notes the Government’s indication that no regulations have yet been adopted on this subject by the Minister of Labour. It further notes that these types of work are generally covered by internal rules in each enterprise, which provide for two systems of shift work: the first involving eight-hour shifts, and the second lasting 12 hours, followed by a period of 24 hours of weekly rest. The Committee requests the Government to keep the Office informed of any developments relating to the adoption of the above ministerial regulations and to provide a copy of any texts that are adopted in the meantime.

Furthermore, with regard to workers in supervisory or administrative posts, confidential positions or special posts, the Committee notes the indication that the regulations adopted in accordance with section 90 of the Labour Code, namely regulations to exclude the above workers from the provisions respecting hours of work and rest periods, are issued by enterprises themselves to regulate the work of their employees. In this respect, the Committee requests the Government to provide further information on the types of establishments that have already adopted such regulations and to describe the weekly rest schemes applicable in these establishments. The Committee notes the Government’s indications in this respect relating to the weekly rest scheme applicable to certain workers in the oil sector under which the weekly rest days are accumulated, that is after two months of continuous work a rest period of two weeks is granted to workers to be with their families. While understanding the intention of providing workers employed on distant or remote locations an opportunity to be with their families less often, but for longer periods, the Committee recalls in this regard that, in accordance with the spirit of the Convention, workers have to benefit from a minimum period of rest and relaxation each week, and in any case at reasonably short intervals. The Committee therefore requests the Government to re-examine whether it is appropriate to grant accumulated weekly rest once every two months and to envisage the possibility of amending the respective provision of the labour legislation accordingly.

Article 5. Compensatory rest periods. The Committee notes the Government’s indication that its observations have been taken into account in the draft amendment to section 88 of the Labour Code, which will grant a compensatory rest period to workers required to work on their day of weekly rest, regardless of any financial compensation. The Committee requests the Government to keep the Office informed of any developments in this respect and to provide a copy of the above amendments once they have been adopted.

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 instance, extracts from reports of the labour inspection services indicating the number of contraventions reported in relation to the weekly rest period, 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 continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decision adopted or envisaged in this respect.