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

Article 3 of the Convention. Declaration of application to certain establishments. The Committee notes that the Government indicated in a previous report that all persons employed in the following establishments are granted weekly rest periods in accordance with the provisions of the Convention: (a) establishments, institutions and administrative services providing personal services; (b) post and telecommunications services; (c) newspaper undertakings; (d) theatres and places of public entertainment. The Committee reminds the Government that, in accordance with Article 3, paragraph 3, of the Convention, each Member which has ratified this Convention must indicate in its annual reports to what extent effect has been given or is proposed to be given to the provisions of the Convention in respect of the abovementioned establishments and any progress made with a view to the progressive application of the Convention in such establishments. It therefore requests the Government to examine the possibility of communicating a declaration to the Office, in accordance with Article 3, paragraph 2, of the Convention, indicating that it accepts the obligations of the Convention in respect of these establishments.

Article 6, paragraph 1. Minimum weekly rest period. The Committee notes the adoption of Act No. 18.065 of 15 November 2006 relating to domestic work, section 4 of which provides for an uninterrupted weekly rest period of 36 hours, including Sunday. It also notes the adoption of Act No. 18.197 of 14 November 2007 concerning weekly rest for the staff of condominiums, which provides for an uninterrupted weekly rest period of 36 hours for such employees but also for employees in administrative enterprises and property in seaside resorts, gardeners and persons responsible for the maintenance and supervision of jointly owned property. As the Committee understands it, draft legislation concerning the hours of work of rural workers – which might establish the principle of eight hours’ work per day and 48 hours’ work per week, and also weekly rest on Sundays – is currently the subject of consultations between the Ministry of Labour and Social Security and the trade unions. The Committee requests the Government to supply further details on this subject and to send a copy of any relevant legislation once it has been adopted.

Part V of the report form. Practical application. The Committee requests the Government to supply general information on the manner in which the Convention is applied in practice, including, for example, extracts of the reports of the inspection services indicating the number and nature of infringements reported relating to weekly rest and penalties imposed, information on the number of workers covered by the relevant legislation, copies of collective agreements containing clauses relating to weekly rest, etc.