Demande directe (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 14) sur le repos hebdomadaire (industrie), 1921 - Arménie (Ratification: 2006)

Autre commentaire sur C014

Demande directe

2013
2010

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Articles 4 and 5 of the Convention. Total or partial exceptions to weekly rest – Compensatory rest. The Committee notes that under section 155(2) of the Labour Code, as last amended in 2010, in enterprises where work cannot be interrupted and is preconditioned by the need to provide services to the population (city transport, electricity, gas heating supply plants, theatres, museums, etc.) rest days will be defined by the employer. The Committee requests the Government to indicate how it is guaranteed in law and in practice that weekly rest schedules established at the employers’ discretion pursuant to section 155(2) of the Labour Code fully reflect the requirements of the Convention concerning the workers’ entitlement to weekly rest (for example, account taken of all proper social considerations, compensatory rest for work done on weekly rest day, roster drawn up in accordance with method approved by law).

In addition, the Committee notes the Government’s reference to section 185 of the Labour Code, which indicates that work performed on a rest day but not stipulated by the work schedule, will be paid at no less than the double hourly rate, or be compensated by another rest day during the month or an extra day added to the worker’s annual leave. The Committee wishes to recall that under Article 5 of the Convention, when workers are required to perform work on their day of rest, they should receive, as far as possible, compensatory rest regardless of any cash compensation, with a view to protecting their health and well-being. The Committee also recalls that a similar provision is incorporated in Articles 7(2) and 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Government is strongly encouraged to ratify. The Committee accordingly requests the Government to consider appropriate steps in order to ensure that the national legislation is fully aligned with the provisions of the Convention in this respect.