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

Article 1 of the Convention. Scope of application. The Committee notes that the term “manufacturing work”, as defined in section 2(a) of the Labour Act, 1992, does not appear to cover mines and quarries. It also notes that section 47 of the Labour Act sets out certain working time arrangements for those employed in road transport enterprises but does not refer specifically to weekly rest. The Committee therefore requests the Government to provide clarifications as regards the weekly rest entitlement of those employed in mines and road or rail transport.

Article 2. Uniformity of weekly rest scheme. The Committee notes that section 16 of the Labour Act provides that every worker must be given one day’s leave in a week. It would appreciate if the Government would explain to what extent weekly rest is granted simultaneously to the whole staff of each undertaking, and whether the day of weekly rest is set to coincide with the day already established by the traditions or customs, as provided for in Article 2(2) and (3) of the Convention.

Articles 4 and 6. Total or partial exceptions. The Committee notes that section 86(2)(c) of the Labour Act provides that the Government may adopt rules concerning, among others, conditions relating to overtime work and compensation to be paid to workers. Noting that the Labour Rules, 1993, do not appear to contain specific rules on these matters, the Committee asks the Government to clarify whether any implementing rules have so far been adopted and, if so, to provide copies. The Committee also requests the Government to clarify whether any exceptions, including suspensions or diminutions, from the general weekly rest scheme prescribed in section 16 of the Labour Act have so far been authorized and, if so, to provide a list of such exceptions, indicating whether all appropriate social and economic considerations have been taken into account, and whether consultations with the employers’ and workers’ organizations have taken place, in the process of considering and authorizing such exceptions.

Article 5. Compensatory rest. The Committee notes that, apart from section 19 of the Labour Act which provides for extra pay at the rate of 150 per cent of the regular remuneration in the case of overtime, the Labour Act does not seem to provide for compensatory rest for work performed on the day of weekly rest. It accordingly requests the Government to take the necessary measures in order to give full effect to this Article of the Convention which requires compensatory rest to be granted, as far as possible, to those performing work on a weekly rest day, irrespective of any extra pay which may be offered in addition. The Committee understands, in this connection, that draft legislation is under preparation – with the assistance of the Office – as part of a broader labour law reform and hopes that the Government will take the necessary steps in the course of this process.

Part V of the report form. Application in practice. While noting the Government’s indication that no complaints have so far been raised from workers’ organizations on matters related to weekly rest, the Committee notes that the Government has not supplied since the ratification of the Convention any concrete information concerning its practical application. It would therefore appreciate if the Government would provide up to date information in this regard, including, in particular, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of collective agreements containing clauses 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 these instruments 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 and to keep the Office informed of any decision taken or envisaged in this respect.