Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the report of the Government.

Articles 4 and 5 of the Convention. Referring to its previous comments, the Committee notes the Measures of examination and approval on the introduction by enterprises of the flexible working hour system and the system of consolidated calculation of working hours ("the Measures"). These Measures authorize exceptions from the weekly rest stipulated for enterprises and stipulate that the exceptions are examined, approved and registered by labour departments on the corresponding level. Section 44(2) of the Labour Act provides that work on weekly rest days has to be compensated through higher remuneration if no deferred rest can be taken. In its reply to the direct request the Government indicates that article 6 of the Measures provides for the duty of enterprises to ensure the workers and staff the right to rest through appropriate measures. The Committee wishes to draw the Government’s attention to the provisions of Article 5, which provide that every Member shall make "as far as possible" provisions for compensatory periods of rest for exceptions made under Article 4. The Committee therefore would like to receive further information on how the national legislation ensures compensatory rest in case of the authorized exceptions in accordance with the Measures.

Article 6. The Measures provide for the opportunity to determine several exceptions to sections 36 and 38 of the Labour Act and allow industries to implement a flexible working hour system. The Committee notes that the Government cannot supply a list of exceptions because they are determined by the labour administration departments of various levels. Referring to section 7 of the Measures it requests the Government to undertake efforts to furnish in its next report a detailed list required by Article 6.

Parts III and V of the report form. Please provide in the next report in particular information on the organization and working of inspection in respect of weekly rest other than the regulation under section 55-58 of the Labour Act and give full information on Part V of the report form including statistics and the number and nature of any contraventions of the Labour Act’s weekly rest provisions.