Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: C.14 and C.106

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

Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106. Compensatory rest. The Committee recalls that sections 12, 18 and 27 of Order No. 324 of 23 May 2002 on rest periods and days off which provide that compensatory rest may in exceptional circumstances be replaced by “appropriate protection” are not in compliance with the Conventions. In its report, the Government indicates that to this date there has been no change with regards to the matter. In this respect, the Committee notes that the said provisions are further reproduced in almost identical terms in section 56 of the new Working Environment (Consolidated Act No. 2062 of 16 November 2021, as amended). The Committee notes the Government’s indication that the clauses indicating that “appropriate protection in exceptional circumstances can be used when it’s not possible to grant compensatory rest” have not been materialised in specific provisions, which according to the Government means that the legislation is applied in compliance with the Conventions. The Government reiterates that the relevant provisions of the Working Environment Act and Order No. 324 essentially reproduce the provisions of the EU Working Time Directive 93/104. While noting the Government’s indications, the Committee recalls that under Article 5 of Convention No. 14 and Articles 7(2) and 8(3) of Convention No. 106, granting compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted in all cases of authorized exceptions to the basic 24-hour weekly rest rule. The Committee accordingly requests the Government to re-examine the relevant provisions of the new Working Environment Act and Order No. 324 of 23 May 2022 with a view to ensuring that compensatory rest is granted without exception whenever deviations from the ordinary weekly rest scheme are authorized.

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 requests the Government to refer to the comments made under Articles 7 and 8 of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106).

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

Articles 7(2) and 8(3) of the Convention. Compensatory rest. The Committee recalls its previous comment that section 12 of Order No. 324 of 23 May 2002 on rest periods and days off, is not fully consistent with these Articles of the Convention since it provides that compensatory rest may in exceptional circumstances be replaced by “appropriate protection” and that section 56 of the Working Environment Act (Consolidated Act No. 1072 of 7 September 2010, as amended) reproduces in almost identical terms the same provision. In addition, the Committee noted the importance of the regularity of compensatory rest and referred to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which suggests that persons to whom special weekly rest schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled. In its reply, the Government refers to sections 12, 18 and 27 of Order No. 324, which nonetheless also provide for “appropriate protection” other than compensatory rest when it is not possible for exceptional reasons to grant compensatory rest. While noting that the relevant provisions of the Working Environment Act and Order No. 324 essentially reproduce the provisions of the EU Working Time Directive 93/104, the Committee recalls that under Articles 7(2) and 8(3) of the Convention, granting compensatory rest of a total duration equivalent to the period provided for under Article 6 is an absolute requirement and must be granted in all cases of authorized exceptions to the basic 24-hour weekly rest rule. The Committee accordingly requests the Government to re-examine the relevant provisions of the Working Environment Act with a view to ensuring that compensatory rest is granted without exception whenever deviations from the ordinary weekly rest scheme are authorized.

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

Articles 4, 5 and 6 of the Convention. Total or partial exceptions. The Committee notes that the Working Environment Act (Consolidated Act No. 268 of 18 March 2005, as amended) contains a series of provisions dealing with situations where variations to the normal weekly rest rules are permitted. First, section 51(3) provides that, when it is necessary for reasons of protection, or to ensure continuous provision of services, or sustained production, to defer the weekly 24-hour period off, the Minister of Employment may lay down specific rules. Secondly, section 53 provides that for trades, sectors or special types of work, where special conditions make it necessary, the Minister of Employment may lay down rules concerning the weekly 24-hour period off, including its adjustments. Thirdly, section 55 provides that the Minister of Employment may lay down rules concerning the conditions under which section 51 may be departed from by agreement. The Committee requests the Government to specify whether any of the rules provided for in the abovementioned sections of the Working Environment Act have so far been adopted and, if so, to transmit copies. Moreover, it would appreciate if the Government would provide in its next report: (i) an updated list of all total or partial exceptions currently authorized under the provisions of the Working Environment Act and information concerning their implementation in practice; and (ii) additional clarifications as to how it is ensured that, in authorizing total or partial exceptions from the normal weekly rest scheme, all proper social, and not only economic, considerations are taken into account and employers’ and workers’ organizations are duly consulted.

Article 7. Posting of notices. The Committee notes that neither the Working Environment Act nor the Order on rest periods and weekly rest appear to provide specifically for the obligation of employers to keep workers informed of the weekly rest schemes applicable to them, by means of notices, rosters or otherwise. It therefore asks the Government to explain how the Convention is given effect in this regard.

Part V of the report form. Application in practice. The Committee would appreciate if the Government would provide up to date information concerning the practical application of the Convention, including, for instance, statistics on the approximate number of workers covered by the relevant legislation, labour inspection results showing the number of infringements of the weekly rest legislation observed and sanctions imposed, copies of collective agreements containing clauses on weekly rest, etc.

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

Article 7, paragraph 2, and Article 8, paragraph 3, of the Convention. Compensatory rest. Further to its previous comment concerning section 12 of Order No. 324 of 23 May 2002 on rest periods and days off, which is not fully consistent with these Articles of the Convention since it provides that compensatory rest may be replaced by “appropriate protection” in exceptional circumstances, the Committee notes that section 56 of the Working Environment Act (Consolidated Act No. 268 of 18 March 2005, as amended) reproduces in almost identical terms the same provision. The Committee recalls that the Convention requires in all cases without exception a compensatory rest period of a total duration at least equivalent to 24 hours. It therefore requests the Government to take the necessary steps in order to bring its legislation into full conformity with the requirements of the Convention in this regard.

In addition, the Committee notes that neither the Working Environment Act nor the Order on rest periods and days off seems to regulate when the compensatory rest is to be taken or whether it must be continuous. It recalls that, in the absence of specific regulations in this connection, the weekly rest period risks to be unduly postponed or to be divided into excessively short periods. It is in this sense that Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), addresses the issue of the regularity of compensatory rest and suggests that special weekly rest schemes should ensure that persons to whom such schemes apply do not work for more than three weeks without receiving the rest periods to which they are entitled. The Committee therefore requests the Government to provide in its next report additional explanations as to how the compensatory rest is implemented in practice, and to specify whether any rules have so far been issued concerning the regularity and continuity of such rest.

Article 11. List of permanent and temporary exemptions. The Committee notes that sections 51(3), 52, 53 and 55 of the Working Environment Act authorize derogations from the normal weekly rest scheme on various grounds, such as special conditions, special type of work, and operational or production needs. The Committee therefore requests the Government to communicate, as required by this Article of the Convention: (i) an updated list of all categories of persons and types of establishments which are currently subject to special weekly rest schemes; and (ii) information on the circumstances in which temporary exemptions may be granted.

Part V of the report form. Application in practice. The Committee would be grateful if the Government would provide up to date information on the practical application of the Convention, including, for instance, statistics on the number of workers covered by the relevant legislation, labour inspection results showing the number of offences observed and penalties imposed in connection with weekly rest, copies of collective agreements containing provisions on weekly rest schemes, etc.

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

The Committee notes Order No. 324 of 23 May 2002 on rest periods and days off.

Article 8, paragraph 3, of the Convention. According to section 12 of the Order No. 324 of 23 May 2002, a compensatory rest period is granted for derogations from the ordinary weekly rest period, apart from exceptional circumstances in which it is not possible to grant a compensatory rest period and where appropriate protection shall be granted instead.

The Committee recalls that for temporary exemptions, Article 8, paragraph 3, requires in all cases a compensatory rest period of a total duration at least equivalent to the period provided for under Article 6. The Committee therefore asks the Government to take the necessary action to bring the legislation in line with Article 8, paragraph 3, and to inform it accordingly.