Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee notes that the provisions of Decision No. 91-9 AT of 17 January 1991, now repealed, which was the subject of the Committee’s previous comments, have been reproduced in the Labour Code of 2011. The Committee notes that according to section Lp. 3222-30 of the Labour Code, the weekly rest of employees engaged in continuous manufacturing or operations in factories operating round the clock, may be deferred in part provided that the workers concerned have a number of rest periods of 24 consecutive hours at least equal to the number of weeks included in the period of work concerned. Section Lp. 3222-31 provides that the maximum length of such a period may be fixed in collective agreements, otherwise it may not exceed 12 weeks. The Committee points out in this connection that although the Convention sets no deadline for the grant of the compensatory rest, in keeping with the spirit of the Convention it must be granted within a reasonably short time. According to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), 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 provide further details of: (i) the manner in which this issue is dealt with in existing collecting agreements; and (ii) a possible reconsideration of the 12-week deadline set in section Lp. 3222-31, since to work for virtually three months without receiving any weekly rest would entail risks for the workers’ health and well-being.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 8(3) of the Convention. Compensatory rest. The Committee notes that the provisions of Decision No. 91-9 AT of 17 January 1991, which has now been repealed, on which the Committee made its previous comments have been taken up in the 2011 Labour Code. The Committee notes that, under sections Lp. 3222-18 and Lp. 3222-20 of the Labour Code, industries processing perishable goods, or that have to respond at certain times to an exceptional increase in workload, can derogate from the normal weekly rest schedule, and that the hours worked on the weekly rest day are considered as overtime. However, the Committee notes that no legal provision appears to grant compensatory rest in such cases. The Committee recalls in this regard that the Convention requires the granting of compensatory rest where exemptions are made to the normal weekly rest schedule. The Committee requests the Government to take the necessary measures to ensure that compensatory rest is granted in all cases of temporary exemptions from weekly rest, as required by Article 8(3) of the Convention, irrespective of any additional remuneration which may be offered.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3 of the Convention. Prohibition of night work for women. The Committee notes the Government’s indication that following the adoption of Act No. 2011-15 of 4 May 2011 on the codification of labour law, all restrictions on the night work of women have been eliminated with a view to improving the employment opportunities for women and strengthening the legal framework against discrimination. More concretely, the Government indicates that section 29 of Act No. 86-845 of 17 July 1986 and section 3 of Decision No. 91-008 AT of 17 January 1991, which previously gave effect to the basic requirement of the Convention, have now been repealed. The Government further explains that this change was rendered necessary by the evolution of labour law and the principle of non-discrimination which requires the relaxation of all restrictions except for those linked to maternity protection. While welcoming the removal of all gender-specific restrictions from the labour legislation, the Committee recalls that the Government of French Polynesia remains bound by the Convention until a declaration modifying the terms of the acceptance of the obligations of the Convention on its behalf is communicated by the Government of France (as provided for in article 35 of the ILO Constitution). The Committee requests the Government to keep the Office informed of any further developments in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Prohibition of night work for women. The Committee notes that sections 3 and 4 of Decision No. 91-008 AT of 17 January 1991 continue to give effect to the main requirement of the Convention, that is a general prohibition against the employment of women in industry during at least 11 consecutive hours comprising the period between 10 p.m. and 5 a.m. It also notes, however, the Government’s indications that most collective agreements do not contain any express prohibition on night work for women – as contrasted to night work of minors – and that discussions aiming at relaxing the current limitations on the employment of women during the night could be undertaken within the framework of the planned social pact.

The Committee has been inviting the Government to give favourable consideration to the ratification of either the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument but focuses on the protection of all night workers in all branches and occupations, or the 1990 Protocol which affords considerable flexibility in the application of Convention No. 89 while remaining focused on the protection of women workers.

In this connection, the Committee feels once more obliged to draw the Government’s attention to the fact that member States are increasingly required to initiate a review process of their protective legislation aiming at the gradual elimination of any provisions contrary to the principle of equal treatment between men and women, except those connected with maternity protection, and with due account being taken of national circumstances. This trend reflects also the growing expectation that the same standards of protection should apply to men and women alike in accordance with the Discrimination (Employment and Occupation) Convention, 1958 (No. 111), and also the widely ratified United Nations Convention on the Elimination of All Forms of Discrimination Against Women.

For all useful purposes, therefore, the Committee recalls that Convention No. 89 may be denounced every ten years and will again be open to denunciation for a period of one year as from 27 February 2011. Whereas the Government of France denounced the Convention on 27 February 1992, no declaration modifying the terms of the acceptance of the obligations of the Convention on behalf of French Polynesia has so far been communicated (as provided for in article 35 of the ILO Constitution) and therefore the Government of French Polynesia remains bound by the provisions of the Convention until such a declaration is made and a formal instrument of denunciation takes effect in accordance with Article 15(2) of the Convention. The Committee requests the Government to provide detailed information on the outcome of discussions concerning a social pact in so far as women’s night work is concerned, and to keep the Office informed of any decision taken with respect to Convention No. 89.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 4 of the Convention. Total or partial exceptions. The Committee notes that, under section 3 of Decision No. 2002-101 APF of 1 August 2002, industrial undertakings which are entitled to grant weekly rest on a rotation basis include undertakings which produce materials that are likely to deteriorate rapidly, those in which any stoppage of work would result in loss or depreciation of the product being manufactured and those involved in the processing of plastic materials. It also notes that an order adopted in the Council of Ministers is to establish a classification for the industries concerned. The Committee requests the Government to supply further details in this regard, including, if applicable, a copy of the order in question and also further details of any collective agreements which establish the possibility of work on Sundays, and also arrangements for such work, for the abovementioned industries.

The Committee would also be grateful if the Government would continue to supply general information on the practical application of the Convention in accordance with Part V of the report form.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 7 of the Convention. Special weekly rest schemes. Further to its previous comments, the Committee notes the Government’s explanation about the needs and reasons of general interest that justify the exemptions from the principle of Sunday rest authorized for laboratories of analysis and medical and health biology and for security and surveillance companies. The Committee also notes the information that five collective labour agreements – including those of the commerce, press, catering and automotive sectors – contain an agreement on arrangements for the organization of work including Sunday.

The Committee is bound to recall that the Convention allows for special schemes to be established only when the normal scheme of weekly rest proves impracticable owing to the nature of the work or the service, the size of the population to be served or the number of persons employed. It points out that these conditions are clearly not met in the case of certain very broad permanent exemptions set forth in Decision 2002-101 APF of 1 August 2002, for example the exemption of “enterprises in the commercial sector” in general. The Committee requests the Government to provide information on the manner in which social as well as economic considerations were taken into account in establishing the permanent exemptions mentioned above. It also asks the Government to provide copies of the collective labour agreements mentioned in its report.

Part V of the report form. Practical application. The Committee notes the statistical information sent by the Government showing that in 2006–07, the labour inspectorate issued 196 observations on weekly rest – out of a total of 4,331, i.e. 2.05 per cent of all observations – involving no infringements. The Government adds that in view of the fact that so few observations concern observance of the rules on weekly rest and that there are no reports of contraventions, in French Polynesia there is no serious difficulty in applying weekly rest. The Committee requests the Government to continue to provide general information on the manner in which the Convention is applied in practice, including, for example, extracts of reports by the labour inspection services indicating the number of infringements and the penalties imposed, information on the number of workers covered by the legislation, copies of relevant collective agreements, etc.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and the information related to Decision No. 91-008 AT of 17 January 1991, which was taken in application of certain provisions of Act No. 86-845 of 17 July 1986, and which gives effect to the main provisions of the Convention.

The Committee takes this opportunity to refer to paragraphs 191-202 of its 2001 General Survey on the night work of women in industry, in which it observed that the present trend is no doubt to move away from a blanket prohibition against women’s night work and to give the social partners the responsibility for determining the extent of the permitted exemptions. It also noted that evidently more attention is now being paid to regulating night work for both men and women alike and that many countries are in the process of easing or eliminating legal restrictions on women’s employment during the night with the aim of improving women’s opportunities in employment and strengthening non-discrimination. The Committee further recalled that member States are under an obligation to review periodically their protective legislation in light of scientific and technological knowledge with a view to revising all gender-specific provisions and discriminatory constraints. This obligation stems from Article 11(3) of the 1979 United Nation Convention on the Elimination of All Forms of Discrimination against Women (to which parenthetically France became party in 1983), as later reaffirmed in point 5(b) of the 1985 ILO resolution on equal opportunities and equal treatment for men and women in employment.

More concretely, the Committee drew attention to the Protocol of 1990 to Convention No. 89, which was designed as a tool for smooth transition from outright prohibition to free access to night employment, especially for those States that wished to offer the possibility of night employment to women workers but felt that some institutional protection should remain in place to avoid exploitative practices and a sudden worsening of the social conditions of women workers, and to the Night Work Convention, 1990 (No. 171), which was drafted for those countries which would be prepared to abolish all restrictions on night work of women and offer appropriate protection to all night workers irrespective of gender and occupation. The Committee suggested that, in addition to promoting the ratification of the new Night Work Convention, 1990 (No. 171), greater efforts should be made by the Office to help those constituents who are still bound by the provisions of Convention No. 89, and who are not yet ready to ratify Convention No. 171, to realize the advantages of modernizing their legislation in line with the provisions of the Protocol.

In the light of the preceding observations, the Committee invites the Government to give favourable consideration to the ratification of either Convention No. 171, which shifts the emphasis from a specific category of workers and sector of economic activity to the safety and health protection of all night workers, or the 1990 Protocol which affords considerable flexibility in the application of Convention No. 89 while remaining focused on the protection of female workers. Finally, the Committee requests the Government to provide, in accordance with Part V of the report form, general information concerning the application of the Convention in practice, including for instance extracts from reports of inspection services, the application of the exceptions allowed under the provisions of the Convention, etc.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that Decision (délibération) No. 2002-101 AFP of 1 August 2002 extended the number of exceptions to the ordinary weekly rest scheme, as established by section 3 of Decision No. 91-09/AT of 17 January 1991, to laboratory services and the security sector.

Article 7, paragraphs 1 and 4, of the Convention. The Committee notes that the Government’s report contains no reply to the second paragraph of its previous direct request. It hopes that the next report will include full information on the matter raised, which read as follows:

The Committee recalls that the special weekly rest schemes under Article 7, paragraph 1, can be applied only where the nature of the work, the nature of the service performed by the establishment, the size of the population to be served, or the number of persons employed is such that the provisions of Article 6 cannot be applied. In principle, allowing commercial enterprises to operate on Sundays (section 3, No. 26 of the amended Decision and the branch collective agreement of 22 July 1999) does not appear to be in response to the basic needs of the population, unless the social and economic situation of the territory requires it. The Committee would therefore be grateful if the Government would provide more detailed information on this point in its next report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

See under France.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that Decision (délibération) No. 98-98 APF of 9 July 1998 among other things extended the number of cases, established by Decision No. 91-009 AT of 17 January 1991 regarding weekly rest, in which exceptions are allowed to the Sunday rest provisions of Act No. 86-845 of 17 July 1986. The Committee also notes that the procedures for arranging weekly rest by rotation have been established in different sectors (security and surveillance, shops, hotels and catering) by collective agreements, in accordance with section 3 of the amended Decision.

Article 7, paragraphs 1 and 4; Article 11(a) of the Convention. The Committee recalls that the special weekly rest schemes under Article 7, paragraph 1, can be applied only where the nature of the work, the nature of the service performed by the establishment, the size of the population to be served, or the number of persons employed is such that the provisions of Article 6 cannot be applied. In principle, allowing commercial enterprises to operate on Sundays (section 3, No. 26 of the amended Decision and the branch collective agreement of 22 July 1999) does not appear to be in response to the basic needs of the population, unless the social and economic situation of the territory requires it. The Committee would therefore be grateful if the Government would provide more detailed information on this point in its next report.

The Committee also draws the Government’s attention to the fact that the collective agreement for the security sector cannot be based on section 3 of the amended Decision, since the sector in question (section 13 of the Decision) is not one of the cases listed in this provision. The Committee also requests the Government to indicate the collective agreements governing the procedures for organizing work in cases of permanent derogation in respect of Sunday rest in other establishments covered by section 3 of the Decision. If there are none, the Government is asked to indicate how else it ensures that representative organizations of the employers and workers concerned will be consulted, in accordance with Article 7, paragraph 4, of the Convention.

Article 11(a). Please provide lists of categories of persons or establishments covered by special weekly rest schemes.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes the information provided in the Government's reports on the application of the Convention. It would be grateful if the Government would send a copy of Act No. 86-845 of 17 July 1986, and in due course a copy of the territorial rules of application. Please indicate also whether the respective territorial rules previously applicable continue in force meanwhile.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

See under Convention No. 14, as follows:

The Committee notes the information provided in the Government's reports on the application of the Convention. It would be grateful if the Government would send a copy of Act No. 86-845 of 17 July 1986, and in due course a copy of the territorial rules of application. Please indicate also whether the respective territorial rules previously applicable continue in force meanwhile.