Demande directe (CEACR) - adoptée 2008, publiée 98ème session CIT (2009)

The Committee notes with regret that the Government’s report contains no information replying to its previous direct request. It is therefore bound to renew its comments on the following points.

Article 4 of the Convention. Total or partial exceptions. The Committee notes that section A.144.2 of Order No. 96-1566/MEFPT-SG of 7 October 1996, setting out arrangement for the implementation of certain provisions of the Labour Code, lists the establishments allowed to give the weekly rest, by rotation, on a day other than Sunday. It also notes that by virtue of this provision, the competent labour inspector may, after consultation with the employers’ and workers’ organizations concerned, authorize enterprises other than those listed to make use of this facility. The Committee requests the Government to provide more detailed information on the types of enterprises for which such exceptions have been granted by labour inspectors.

Part V of the report form. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from reports of the inspection services and, if possible, information on the number and nature of the contraventions of the legislation on weekly rest that have been reported, 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.