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

Articles 4 and 5 of the Convention. Total or partial exceptions. Compensatory rest. The Committee notes the Government’s statement to the effect that staff delegates often negotiate with the employers with regard to exceptions to the weekly rest period, whether total or partial. It also notes that, in continuous plants, such as food-manufacturing plants, employers grant rest periods of two–three days to compensate for suspensions. The Committee requests the Government to supply more information on the use made to date of the provisions of section 127 of the Labour Code and more generally on the conditions under which total or partial exceptions are granted to industrial undertakings. In this regard, the Committee requests the Government to indicate whether Order No. 838/ITT of 22 November 1953 regulating weekly rest and Decree No. 63-311 of 26 November 1963 determining the list of undertakings authorized to provide weekly rest on a rotation basis and setting conditions for the granting of weekly rest to domestic staff – to which the Government made reference until its 1986 report – are still in force or have been amended in the meantime and, if so, to send copies of any new legislation concerned. The Committee would also be grateful if the Government would supply copies of collective agreements containing clauses on any suspensions or diminutions of weekly rest and compensatory rest periods.

Parts III, IV and V of the report form. Inspections, court decisions and practical application of the Convention. The Committee notes the Government’s statement to the effect that the country is facing serious difficulties in the areas of labour inspection, the publication of court decisions that have been issued and the compilation of statistics concerning the practical application of the Convention, owing to a lack of logistical resources. The Committee hopes that the Government will do everything possible to improve the collection and transmission of information regarding the working of the labour inspection services and the judicial authorities and also any other information enabling an evaluation to be made of the actual application of the Convention in practice.

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 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.