Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Rwanda (Ratification: 1962)

Article 4 of the Convention. Total or partial exceptions. The Committee notes the adoption of Act No. 13/2009 of 27 May 2009 issuing labour regulations, which repeals Act No. 51/2001 of 30 December 2001 issuing the Labour Code. Further to its previous comments regarding exceptions to weekly rest, the Committee notes that weekly rest is regulated by section 52 of Act No. 13/2009, as rest of a period of 24 consecutive hours that shall occur in principle on a Sunday and, as far as possible, must be granted to the whole of the staff of the undertaking. The new legislation does not mention exceptions to weekly rest. As it previously emphasized in relation to section 58 of the 2001 Labour Code, the Committee recalls that, under Article 4 of the Convention, the exceptions in question must be authorized by the public authorities, taking account of all proper social and economic considerations and after consultation with responsible associations of employers and workers. The Committee again requests the Government to supply information concerning any exceptions to the general weekly rest scheme and, if applicable, to indicate whether tripartite consultations have taken place to this end.

Article 7. Notices and rosters. The Committee notes that, contrary to section 59 of the former Labour Code, new Act No. 13/2009 does not contain any provision obliging the employer to make known: (i) the days and hours of collective rest by means of notices posted conspicuously in the establishment, where the weekly rest is given to the whole of the staff collectively; and (ii) by means of a roster drawn up in accordance with the method approved by the legislation of the country, or by a regulation of the competent authority, where the rest period is not granted to the whole of the staff collectively. The Committee requests the Government to indicate how it is given effect to this Article of the Convention both in law and in practice.

Part V of the report form. Practical application. Noting that, according to section 158(3) of Act No. 13/2009, labour inspectors have the power to collect, analyse and programme labour statistics within their area of competence, the Committee again requests the Government to supply all available information, particularly relating to the number of workers covered by the legislation and the number of infringements recorded with regard to weekly rest.

Moreover, having received no information on this subject, the Committee again takes this opportunity to recall that, on the basis of the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body decided that the ratification of up to date Conventions, including the Weekly Rest (Industry) Convention, 1921 (No. 14), and the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), should be
encouraged because they continue to respond to current needs (see GB.283/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee therefore repeats its request and invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this regard.