Solicitud directa (CEACR) - Adopción: 2008, Publicación: 98ª reunión CIT (2009)

Articles 4 and 6 of the Convention. List of exceptions. The Committee notes that section 161(2) and (3) of the Labour Code allows for exceptions to the normal weekly rest scheme in businesses, whether public or private, where work cannot be interrupted on technical grounds or due to the nature of services to be provided to the population. It also notes Government Resolution No. 587 of 14 May 2003 concerning special working time arrangements for specific economic branches, which prescribes special working time and weekly rest arrangements for workers employed in transport (passenger, road, railway, civil aviation, maritime, inland waterways, including maintenance services), telecommunications, postal services, agricultural companies, enterprises processing agricultural products, energy companies and their maintenance services, medical and caretaking institutions and fishing. The Committee requests the Government to provide, in accordance with Article 6 of the Convention, an updated list of all authorized exceptions to the normal weekly rest scheme.

Article 5.  Compensatory rest. The Committee notes that under section 194 of the Labour Code, work performed on a rest day must be remunerated at double the pay rate, or must be compensated by granting another day of rest during the month, or by adding that day to the worker’s annual leave. Recalling that the Convention requires that compensatory rest be provided, as far as possible, in all cases where the period of weekly rest is subject to total or partial exceptions, irrespective of any monetary compensation, the Committee requests the Government to consider the possibility of revising the Labour Code in this respect. It also draws the Government’s attention to the fact that according to the spirit of the Convention workers should not work for unreasonably long periods without receiving the rest periods to which they are entitled, and therefore there might also be need to re-examine the appropriateness of allowing the accumulation of compensatory weekly rest in the form of extra days of annual leave.

Part V of the report form. The Committee notes the inspection results concerning hours of work and weekly rest for the period 2006–07. The Committee would be grateful if the Government would continue providing up to date information on the practical application of the Convention, including, for instance, the approximate number of workers covered by the relevant legislation, the labour inspection results showing the number of contraventions of the legislation on weekly rest observed and sanctions imposed, copies of any relevant collective agreements containing provisions 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 they continued to respond to current needs (see GB.238/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 decisions taken or envisaged in this respect.