Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Repetition

Article 8(3) of the Convention. Temporary exemptions. Compensatory rest. The Committee previously noted that, under the Convention, compensatory rest in case of temporary exemptions is compulsory and not optional and requested the Government to take measures to fully comply with the Convention in this regard. It notes the Government’s reference in its report to section 82 of the Labour Code which provides that compensation for work performed on a weekly rest day may take the form of an alternative day off or cash payment depending on the worker’s preference. In this connection, the Committee recalls that, under Article 8 of the Convention, the compensatory rest in the case of temporary exemptions is compulsory and not optional, regardless of any financial compensation, and the rest period must be of a total duration at least equivalent to 24 consecutive hours. The Committee requests, once again, the Government to indicate the measures taken or envisaged for bringing its legislation into full conformity with this provision of the Convention.

Article 11. Special weekly rest schemes. The Committee previously requested the Government to provide a list of the categories of persons and types of establishment for which special weekly rest schemes may have been established. The Committee notes the Government’s indication that, while no specific list has been drawn up, in practice, in organizations where work cannot be halted on normal rest days (weekends), the days off are allocated by agreement with the local government authorities in accordance with section 80 of the Labour Code. The Government also states that, where it is necessary to provide daily services to the public, a rolling timetable of days off is established. The Committee recalls that Article 11 of the Convention requires that the Government shall provide: (i) lists of the categories of persons and the types of establishment subject to special weekly rest schemes as provided for in Article 7 of the Convention; and (ii) information concerning the circumstances in which temporary exemptions may be granted in accordance with the provisions of Article 8. The Committee requests the Government to indicate the measures taken or envisaged to comply with this provision of the Convention.