In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on working time, the Committee considers it appropriate to examine Conventions Nos 1 (hours of work), 14 (weekly rest (industry)), 30 (hours of work (commerce and offices)), 89 (night work (women)) and 106 (weekly rest (commerce and offices)) together.

Hours of work

Articles 3 and 6(1)(b) and (2) of Convention No. 1 and Article 7(2) and (3) of Convention No. 30. Temporary exceptions. Limits and circumstances. In its previous comments, the Committee noted that section 50 of the General Labour Act (LGT) of 1942, which gives the labour inspectorate the authority to allow up to two additional hours of work per day at the employer’s request, does not specify the circumstances in which exceptions to the maximum limits of eight hours per day and 48 hours per week may be made. The Committee recalls that temporary exceptions to normal hours of work are authorized in the Conventions in very limited cases and well-circumscribed cases (General Survey of 2018 concerning working-time instruments, para. 109). The Committee also notes that the above-mentioned section does not establish the maximum number of additional hours of work allowed per year, as required by Article 7(3) of Convention No. 30. The Committee once again requests the Government to take the necessary measures to ensure that: (i) temporary exceptions to normal hours of work are limited to the cases provided for in Articles 3 and 6(1)(b) of Convention No. 1 and Article 7(2) of Convention No. 30; and (ii) the legislation establishes the number of additional hours of work which may be allowed per year in respect of temporary exceptions.

Article 6(1)(a) of Convention No. 1 and Article 7(1)(a) of Convention No. 30. Permanent exceptions. Intermittent work. The Committee once again requests the Government to take the necessary measures to determine the categories of workers whose work is intermittent that are subject to the exception established in section 46 of the LGT.

Weekly rest

Article 4 of Convention No. 14 and Article 8 of Convention No. 106. Temporary exemptions. Circumstances. The Committee notes that section 7(z) of the Regulatory Decree of 30 August 1927 allows the National Department of Labour (now the Ministry of Labour, Employment and Social Welfare) to authorize work on Sundays in temporary circumstances that must be taken advantage of. The Committee also notes that section 42 of the LGT allows occasional work on public holidays in town centres far from capital cities. In this regard, the Committee recalls that, under Article 8 of Convention No. 106, temporary exemptions may only be authorized: (a) in case of accident, force majeure or urgent work; (b) in the event of abnormal pressure of work due to special circumstances; and (c) in order to prevent the loss of perishable goods. The Committee therefore requests the Government to take the necessary measures to ensure that temporary exemptions to the general rule of 24 hours of weekly rest are limited to what is strictly necessary and are authorized under clearly defined conditions.

Article 5 of Convention No. 14 and Article 8(3) of Convention No. 106. Compensatory rest. In its previous comments, the Committee noted that section 31 of the Regulations implementing the General Labour Act (RLGT), adopted by Supreme Decree No. 224 of 23 August 1943, provides that workers who have worked on public holidays shall be entitled, at the employer’s discretion, to compensatory rest on another day of the same week or be paid double the regular wage. The Committee observed that this section is not in conformity with the Articles of the Conventions which require, in the event of exceptions to the principle of weekly rest, the granting of effective compensatory rest of at least 24 consecutive hours. The Committee notes the Government’s indication in its report that, as part of the process to review and update the current labour legislation, an analysis is being conducted, with the participation of the social partners, to assess the amendment of section 31 of the RLGT. The Committee firmly hopes that the Government will take the necessary measures to ensure that, in the event of exceptions to the principle of weekly rest, all workers are entitled to compensatory rest of at least 24 consecutive hours for each period of seven days, irrespective of any financial compensation, in accordance with the Conventions. The Committee also requests the Government to provide information on the progress made in this regard.

Article 2 of Conventions Nos 1 and 14, Article 3 of Convention No. 30 and Article 6 of Convention No.106. Daily and weekly limits on hours of work. Minimum period of weekly rest. Civil servants. The Committee notes that, according to section 46 of Act No. 2027 of 1999 establishing the Civil Service Statute, the hours of work of civil servants shall be established in accordance with the specific special regulations for each administrative organization system. In this regard, the Committee notes that, according to section 18 of Supreme Decree No. 25.749 of 24 April 2000, adopting the partial implementing regulations of Act No. 2027, the working day of civil servants is regulated by the starting and finishing times determined by each entity in its internal regulations in accordance with its specific needs. The Committee requests the Government to specify the provisions of the national legislation (regulation number, provision number and content) that ensure that civil servants’ normal hours of work do not exceed eight hours per day and 48 hours per week, as well as a rest period comprising not less than 24 hours for each period of seven days.

Night work

Articles 2 and 3 of Convention No. 89. Prohibition of night work for women. The Committee notes that, under sections 46 and 60 of the LGT, women may only work during the day, with the exception of nursing, domestic service and other types of work to be determined. The Committee recalls that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (2018 General Survey concerning working-time instruments, para. 545). The Committee therefore recalls that the denunciation window for Convention No. 89 will be open from 27 February 2031 to 27 February 2032.