Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Repetition

Article 5 of the Convention. Compensatory rest. The Committee notes the Government’s reference to section 223 of the Labour Code, which states that any agreement granting cash compensation in lieu of leave shall be deemed null and void. The Committee also notes that section 6 of Decree No. 56 of 8 February 1969 establishing arrangements for weekly rest stipulates that, where rest granted on a Sunday simultaneously to all the staff of an undertaking would be harmful to the public or jeopardize the normal functioning of the undertaking, rest can be given on a rotation basis or collectively on days other than Sunday. Nevertheless, the Committee recalls, as it did in all its previous comments, that section 209 of the Labour Code, like sections 9 and 10 of Decree No. 56, continue to provide for the possibility of exceptions to the weekly rest scheme, particularly in cases of urgent work or in industries handling perishable goods. The Committee reminds the Government that the Convention stipulates that compensatory periods of rest – regardless of any financial compensation – must, as far as possible, be granted in the event of any exception to the normal weekly rest scheme. The Committee recalls that the same principle is reaffirmed in Articles 7(2) and 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Committee strongly encourages the Government to ratify.The Committee therefore requests the Government once again to indicate the measures taken or contemplated to guarantee, as far as possible, compensatory rest in the situations provided for in section 209 of the Labour Code and sections 9 and 10 of Decree No. 56.

Furthermore, the Committee notes the Government’s statement that the compensatory rest period granted to workers in the oil industry takes account of the strenuous nature of the work. The Committee reiterates that, while the Convention does not establish a precise time limit for granting compensatory rest, compliance with the spirit of the Convention requires this to be within a reasonably short period. In addition, Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), states that persons to whom special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.The Committee requests the Government to clarify whether workers in the oil industry continue to be entitled to two weeks of rest only at the end of four weeks of uninterrupted work, as indicated by the Government in its 2003 report.