Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3, paragraph 1, of the Convention. Policy designed to improve the working conditions of hotel and restaurant workers. Recalling that this Article of the Convention specifically requires to adopt and apply, in a manner appropriate to national law, conditions and practice, a policy designed to improve the working conditions of the workers concerned, the Committee requests the Government to take the necessary steps in order to initiate the process for the formulation of a national policy on hotel and restaurant workers.

Article 3, paragraph 2. Social security coverage. The Committee notes the Government’s indication that the social security coverage of seasonal and temporary workers under the Social Security Act is subject to ministerial decrees which have not so far been promulgated. Recalling that a large percentage of workers employed in hotels, restaurants and similar undertakings covered by the Convention are seasonal workers, the Committee requests the Government to take all necessary action to regulate the social security entitlements of those workers.

Article 4, paragraph 2. Reasonable hours of work and overtime. The Committee recalls its previous comment concerning Decrees No. 104/1 of 11 March 1967 and No. 126/1 of 30 March 1974 which fix the maximum weekly hours of work of those employed in hotels, restaurants, coffee shops, places of entertainment and bars to 63 hours and the maximum daily working hours to 12 hours. The Committee once again observes that these provisions do not clearly regulate the conditions and limits of overtime for the workers concerned and, in any case, set limits that are unreasonably higher than the general standard of a 48‑hour working week set out in section 31 of the Labour Code and also prescribed by the ratified Hours of Work (Industry) Convention, 1919 (No. 1), and the Hours of Work (Commerce and Offices) Convention, 1930 (No. 30). The Committee therefore requests the Government to consider the possibility of amending the existing legislative provisions regarding hours of work of workers in the hotel and catering sector. It also requests that, in considering such an amendment, the tripartite committee to which the Government refers in its report takes due account of all relevant comments made by this Committee so far.

Article 4, paragraph 3. Reasonable minimum daily and weekly rest periods. The Committee notes the Government’s statement that section 36 of the Labour Code providing for the minimum weekly rest period of not less than 36 consecutive hours applies to workers covered by the Convention. With respect to minimum daily rest, however, the Government merely repeats the provisions of the abovementioned Decrees which only prescribe the maximum duration of the daily rest break. It therefore asks the Government to explain how the Convention is given effect as regards the requirement for a reasonable minimum daily rest period.

Article 5, paragraph 3. Paid leave. The Committee notes the Government’s statement that workers are entitled to an allowance for annual or any other holidays he or she has not taken, regardless whether he or she has been dismissed or left work voluntarily.

Article 8. Implementation of the Convention. The Committee again requests the Government to provide copies of any collective agreements currently in force in the hotel and catering industry.

Part V of the report form. Application in practice. The Committee notes the Government’s reference to the difficulty of collecting statistical data due to the constantly fluctuating number of workers. It requests the Government to continue its effort to provide up to date and documented information on the practical application of the Convention, including, for instance, statistics on the number of workers employed in the hotel, restaurants and catering industry, labour inspection results, difficulties encountered in the enforcement of relevant legislation, extracts from official reports and recent surveys addressing questions related to the employment conditions in the tourism sector in general, etc.