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 office)) together.

The Committee notes the adoption of Labour Proclamation No. 1156/2019 repealing Labour Proclamation No. 377/2003.

Articles 1(1) and 2(1) of Convention No. 14 and Articles 3(1) and 6(1) of Convention No. 106. Scope of application. Further to its previous comments, the Committee takes note of the Government’s indication that a tripartite agreement was reached to include section 69(4) in the Labour Proclamation No 1156/2019, which provides that workers who cannot take a weekly rest due to their work being away from their homes can avail themselves of four working days of rest in a month. The Committee also notes that section 72(2) of the previous Labour Proclamation No. 377/2003, which provided for the power of the Minister of Labour and Social Affairs to issue directives determining special application of the provisions of the weekly rest to workers who are directly engaged in the carriage of passengers and goods, was not reproduced in the Labour Proclamation of 2019.

The Committee further notes the Government’s indication that no regulation has been issued so far to govern weekly rest applicable to commercial representatives, which continue to be excluded from the scope of application of the Labour Proclamation of 2019, pursuant to section 3(2). The Committee also notes that the Government does not provide information on the adoption of regulations governing conditions of work applicable to personal services, as envisaged in section 3(3)(c) of Labour Proclamation of 2019. The Committee therefore once again requests the Government to provide information on the measures taken to ensure that commercial representatives and workers engaged under contracts of personal services, enjoy in every period of seven days a period of rest comprising at least twenty-four consecutive hours, in accordance with Article 2(1) of Convention No. 14 and Article 6(1) of Convention No. 106.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 1 and 2 of the Convention. Entitlement to weekly rest period – Scope of application. The Committee notes the Government’s indication that a draft directive regulating the working conditions applicable to workers in the transport sector is currently being finalized. It also notes that the Government intends to amend Labour Proclamation No. 377/2003 to include a provision regarding the weekly rest of persons holding managerial positions.The Committee accordingly requests the Government to keep the Office informed of any further developments in this respect, and to provide copies of the directive concerning workers in the transport sector, and of the amended Labour Proclamation No. 377/2003 once these texts have been adopted.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Articles 3 and 6 of the Convention. Entitlement to a weekly rest period – Scope of application. Further to its previous comments, the Committee notes the Government’s indication that it is planning to adopt shortly a regulation concerning the working conditions in establishments, institutions and administrative services providing personal services. The Government also indicates that section 72(1) of the Labour Proclamation No. 377/2003, which excludes commercial representatives from the scope of the provisions regarding weekly rest, may be considered for amendment in due course.The Committee accordingly requests the Government to keep the Office informed of any progress made in this regard, and to transmit a copy of any new text which would impact on the application of the Convention as soon as it becomes available.

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

Articles 1 and 2 of the Convention. Entitlement to weekly rest period – Scope of application. The Committee notes the Government’s indication that a draft directive regulating the working conditions applicable to workers in the transport sector is currently being finalized. It also notes that the Government intends to amend Labour Proclamation No. 377/2003 to include a provision regarding the weekly rest of persons holding managerial positions. The Committee accordingly requests the Government to keep the Office informed of any further developments in this respect, and to provide copies of the directive concerning workers in the transport sector, and of the amended Labour Proclamation No. 377/2003 once these texts have been adopted.

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

Articles 3 and 6 of the Convention. Entitlement to a weekly rest period – Scope of application. Further to its previous comments, the Committee notes the Government’s indication that it is planning to adopt shortly a regulation concerning the working conditions in establishments, institutions and administrative services providing personal services. The Government also indicates that section 72(1) of the Labour Proclamation No. 377/2003, which excludes commercial representatives from the scope of the provisions regarding weekly rest, may be considered for amendment in due course. The Committee accordingly requests the Government to keep the Office informed of any progress made in this regard, and to transmit a copy of any new text which would impact on the application of the Convention as soon as it becomes available.

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

The Committee notes with regret that the Government’s report does not contain any information in reply to its previous comments and is confined to indicating that there have been no changes in law or practice affecting the application of the Convention. The Committee is therefore bound to draw the Government’s attention once again to the following points.

Article 1, paragraph 1(d), of the Convention. Scope of application – workers in the transport sector. The Committee notes that the Government’s report does not contain any information concerning the comprehensive study that it proposed to undertake with a view to the adoption of a directive by the Minister of Labour under section 72(2) of Labour Proclamation No. 377 of 2003, with a view to providing for the special application of the weekly rest provisions to workers directly engaged in the carriage of passengers and goods. The Committee once again requests the Government to keep the Office informed of any developments in this respect and to provide a copy of any new legal text that might be adopted on this matter.

Article 2, paragraph 1, and Articles 4 and 5. Exemption of persons holding managerial positions. The Committee notes the adoption of Proclamation No. 494/2006, amending section 3(2)(c) of the Labour Proclamation No. 377/2003, which continues to exclude persons holding managerial positions from the scope of the Proclamation, and accordingly from the provisions respecting weekly rest. While noting the Government’s previous indications that in practice the weekly rest period is granted to those holding managerial positions in the same way as to other workers, the Committee recalls that this entitlement should be guaranteed by a legislative provision. The Committee therefore once again requests the Government to take the necessary measures to give effect to Article 2(1) of the Convention, in relation to the persons concerned, in both law and practice.

Article 7, paragraphs (a) and (b). Posting of notices. In the absence of information on this point, the Committee once again requests the Government to indicate the measures adopted or envisaged concerning the obligation of employers to notify workers of days and hours of rest by means of notices or rosters, in accordance with this Article of the Convention.

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

The Committee notes with regret that the Government’s report does not contain any information in reply to its previous comments and is confined to indicating that there have been no changes in law or practice affecting the application of the Convention. The Committee is therefore once again bound to draw the Government’s attention to the following points.

Article 3 of the Convention. Scope of application – establishments, institutions and administrative services providing personal services. The Committee notes the adoption of Labour Proclamation No. 377/2003 repealing Labour Proclamation No. 42/1993. Further to its previous comments, the Committee notes that the regulations governing conditions of work applicable to personal services, envisaged in section 3(3)(c) of Proclamation No. 377/2003, have still not been issued by the Council of Ministers. The Committee once again requests the Government to take the necessary measures for the adoption of these regulations and to keep the Office informed of any progress achieved in this respect.

Post and telecommunications services, newspaper undertakings, theatres and places of public entertainment. The Committee notes that section 70(1) and (2) of Labour Proclamation No. 377/2003 provides for the establishment of special schemes for activities that are similar or identical to those referred to in Article 3(1)(b)–(d) of the Convention, thereby ensuring the application of the Convention in establishments engaged in these activities. It recalls that, under the terms of Article 3(2) of the Convention, the Government may, at any time, communicate to the Director-General of the International Labour Office a declaration accepting the obligations of the Convention in respect of post and telecommunications services, newspaper undertakings and theatres and places of public entertainment. The Committee once again invites the Government to communicate such a declaration to the Office.

Commercial representatives. The Committee notes that section 72(1) of Labour Proclamation No. 377/2003 excludes commercial representatives from the scope of application of the provisions respecting the weekly rest period. The Committee requests the Government to indicate the manner in which the weekly rest period of the workers concerned is ensured.

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

The Committee notes the Government’s response to its previous comments. It also notes the enactment of Labour Proclamation No. 377 of 2003, although regretfully, it contains no new provisions in response to the matters raised in its previous comments. The Committee again urges the Government to bring its national legislation into full conformity with the Convention.

Article 1, paragraph 1(d), of the Convention. Exemptions for workers in the transport sector. Section 72(2) of the new Labour Proclamation continues to allow the Minister to issue directives determining special application of the provisions of the weekly rest to workers who are directly engaged in the carriage of passengers and goods. The Committee notes the Government’s statement that at the moment, no directive has been issued by the Minister and therefore the weekly rest provisions contained in the Proclamation apply equally to these workers. It also notes the Government’s intention to undertake a comprehensive study to formulate a new directive for these workers. The Committee requests the Government to keep it informed of any changes and, upon the adoption of a new directive, to provide and indicate how the provisions contained in the present Convention are applied in full.

Article 2, paragraph 1, and Articles 4 and 5. Exemptions of persons holding managerial positions. Section 3(2)(c) continues to exclude those holding managerial positions from the scope of the Proclamation. The Government states in its report that these categories of workers are provided with a weekly rest as each enterprise adopts management regulations in which the matter is addressed or contractual agreements incorporate the weekly rest period. The Government further states that in practice the weekly rest is granted to all managers in the same manner as other workers and therefore there is no need to amend the Proclamation. The Committee draws the Government’s attention once again to the fact that persons holding managerial positions have the right to a weekly rest of 24 consecutive hours and this should be guaranteed by a legislative provision. If work needs to be carried out on the day of the weekly rest, this should be done in accordance with Article 4 of the Convention, and compensatory periods of rest must be provided (Article 5). The Committee urges the Government to amend its legislation in order to ensure that a right to weekly rest is provided in law for those in managerial positions, bringing the provisions in line with the Convention.

Article 7(a) and (b). Posting of notices. The Committee once again requests the Government to provide, in its legislation or otherwise, the obligation of employers to make known collective rest to workers by means of notices posted at the workplace; for workers subject to a special system of rest to make known the days of rest by means of rosters, in order to give full effect to Article 7(b) of the Convention.

The Government is also requested to provide information under Part V of the report form.

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

Referring to its previous comments, the Committee notes with regret that the Government has merely repeated the arguments put forward in its previous reports. It again requests the Government to translate the following considerations into action.

Article 3, paragraph 1(a), of the Convention. The Government has been indicating since 1994 that regulations governing conditions of work applicable to personal services shall be issued by the Council of Ministers. The Committee again asks the Government to undertake the necessary action and expresses the hope that the next report will contain information on the proper application of the above provision of the Convention to the persons concerned.

Article 3, paragraph 1(b) to (d). Section 70(1) and (2) of the Labour Proclamation No. 42/1993 provides for weekly rest schemes related to activities which are identical or similar to those enumerated under Article 3, paragraph 1(b) to (d). Thus, existing legislation and collective agreements appear to ensure the application of the Convention to post and telecommunication services, newspaper undertakings and theatres and places of public entertainment. A declaration addressed to the Office, formally accepting the obligations of the Convention with regard to these establishments, would be an appropriate means to extend the application of the Convention to these groups of workers, without creating any further obligations to the Government than the ones already existing under the national legislation. It appears from the Government’s report, however, that it is under the impression that a declaration extending the application of the Convention to such persons could only be made by the Government at the time of ratification of the Convention.

Therefore, the Committee would like to point out, that under Article 3, paragraph 2, of the Convention, a government may communicate to the Director-General of the International Labour Office at any time after ratification, a declaration accepting the obligation of the Convention in respect of post and telecommunication services, newspaper undertakings and theatres and places of public entertainment. In view of the coherence between the national legislation and the Convention, the Committee again invites the Government to communicate such a declaration to the Office.

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

The Committee notes with regret that the information provided by the Government contains no new elements in respect of the matters raised in its previous comments over a number of years. It urges the Government to envisage amending its legislation so as to bring it into full conformity with the Convention in line with the following remarks.

Article 1, paragraph 1(d), of the Convention. The Committee requests the Government to ensure by its legislation, administrative regulations or other measures that the application of the Convention is guaranteed in the establishments of the transport sector, as defined under section 72(2) of the Labour Proclamation No. 42 of 1993.

Article 2, paragraph 1, and Articles 4 and 5. The Committee reiterates that despite the prevailing national practice of granting weekly rest to persons holding managerial positions, in accordance with the management regulations of each enterprise, it still remains necessary to amend any legislation which contravenes this practice. The Labour Proclamation, therefore, needs to be amended in a manner that it no longer excludes managerial staff from its scope and, as a consequence, from its provisions on weekly rest. The Committee asks the Government to take the appropriate steps to ensure that for the persons concerned effect is given to Article 2, paragraph 1, by law or at least without any legal restrictions to the prevailing practice. If the Government considers the exemption of this category of persons from the scope of the Labour Proclamation as an exception made in virtue of Article 4, the Committee requests the Government to make provision for compensatory periods of rest for any suspensions and diminutions made, in conformity with Article 5.

Article 7(a) and (b). The purpose of this Article is to facilitate the proper administration of weekly rest arrangements, thus complementing the supervision by labour inspection. The Committee requests the Government to provide in its legislation or otherwise the obligation of employers to make known collective rest to workers by means of notices posted at the workplace and workers subject to a special system of rest by means of rosters, in order to give full effect to the Convention in this respect.

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

The Committee notes the Government’s statement in response to the Committee’s previous comments to the effect that there have been no changes in law or practice applying this Convention since the last report. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

  Article 2, paragraph 1, and Article 5 of the Convention. The Committee had previously recalled that under Article 2 of the Convention, the whole of the staff employed in any industrial undertaking, public or private, shall enjoy in every period of seven days a period of rest comprising at least 24 consecutive hours. The Committee had noted that section 3, paragraph 2(c), of the Labour Proclamation No. 42 of 1993 excludes all persons who hold managerial posts or who are engaged in major managerial functions in an enterprise from its scope of application. The Government indicates that granting weekly rest to this category of persons is a privilege resulting from tradition and prevailing practice. The Committee requests the Government to indicate, where necessary, the measures taken or envisaged to bring its legislation into conformity with the national practice as well as the provisions of Article 2, paragraph 1. Moreover, since the Government would consider that the exemption of this category of persons from the scope of Proclamation No. 42 gives effect to Article 4, the Committee requests the Government to transmit, in conformity with Article 5, more detailed information in respect of the prevailing customs in matters of compensatory periods of rest provided for suspensions or diminutions made.

  Article 7 (a). The Government is requested to provide examples of notices and rosters provided for under this Article.

With reference to Article 1, paragraph 1(d), and Article 4 of the Convention, the Committee further requests the Government to provide any directives of the competent Minister determining the special application of the provisions of the Labour Proclamation No. 42 of 1993 on weekly rest to workers who are engaged in the transport of passengers and goods. Please also supply any collective agreements concluded to this effect.

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

The Committee notes the information in the Government’s report. It requests additional information on the following points.

Article 3. Referring to its previous comments, the Committee notes that no progress has been achieved in respect of the regulations to be issued by the Council of Ministers under section 3, paragraph 3(c), of Labour Proclamation No. 42/1993 on the conditions of work applicable to personal services. It trusts that the Government will be in the position in the near future to take the measures necessary to apply the Convention to establishments, institutions and administrative services providing personal services. Please keep the Office informed on the developments in this respect and provide a copy of the relevant text when it becomes available.

The Committee recalls that existing legislation and collective agreements appear to ensure the application of the Convention to post and telecommunication services, newspaper undertakings and theatres and places of public entertainment. It again invites the Government to communicate a declaration to the Office formally accepting the obligations of the Convention with regard to these establishments, in accordance with Article 3, paragraph 2.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the Government's response to its previous comments and requests the Government to provide additional information in respect of the following points.

Article 2, paragraph 1 and Article 5 of the Convention. The Committee had previously recalled that under Article 2 of the Convention, the whole of the staff employed in any industrial undertaking, public or private, shall enjoy in every period of seven days a period of rest comprising at least 24 consecutive hours. The Committee had noted that section 3, paragraph 2(c) of the Labour Proclamation No. 42 of 1993 excludes all persons who hold managerial posts or who are engaged in major managerial functions in an enterprise from its scope of application. The Government indicates that granting weekly rest to this category of persons is a privilege resulting from tradition and prevailing practice. The Committee requests the Government to indicate, where necessary, the measures taken or envisaged to bring its legislation into conformity with the national practice as well as the provisions of Article 2, paragraph 1. Moreover, since the Government would consider that the exemption of this category of persons from the scope of Proclamation No. 42 gives effect to Article 4, the Committee requests the Government to transmit, in conformity with Article 5, more detailed information in respect of the prevailing customs in matters of compensatory periods of rest provided for suspensions or diminutions made.

Article 7(a). The Government is requested to provide examples of notices and rosters provided for under this Article.

Points III and V of the report form. The Government is requested to provide all available and relevant information in respect of the practical application of the Convention.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, the Committee notes the information in the Government's latest report. It requests the Government to provide additional information, in its next report, on the following points:

Article 3 of the Convention. The Committee notes from the Government's report that the effort continues to issue regulations under section 3(3)(c) of the Labour Proclamation No. 42/1993, on the conditions of work applicable to personal services. The Committee would be grateful if the Government would continue to supply information on the progress achieved in this respect and to indicate the extent to which effect is given or proposed to be given to the Convention in establishments, institutions and administrative services providing personal services. It also requests the Government to provide copies of any relevant regulations issued by the Council of Ministers under section 3(3)(c) of the Labour Proclamation.

The Committee would also like to again invite the Government to communicate a declaration to the Office, in accordance with paragraph 2 of this Article, accepting the obligations of the Convention with respect to post and telecommunications services, newspaper undertakings, and theatres and places of public entertainment.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the Government's report, which does not reply to the Committee's comments made in 1993. The Committee must therefore repeat its previous request to the Government to provide detailed information, in its next report, on the following points:

1. Article 2, paragraph 1, and Article 5. The Committee notes that, by virtue of section 3(2)(c) of the Labour Proclamation No. 42 of 1993, persons holding managerial posts or directly engaged in major managerial functions are not covered in the scope of the application of the Proclamation. It would recall that Article 2 of the Convention provides that the whole of the staff employed in industrial undertakings should enjoy in every period of seven days a period of rest comprising at least 24 consecutive hours. The Government is requested to indicate any measures taken or envisaged to ensure that managers in industrial undertakings also have the right to a weekly rest of at least 24 hours. To the extent that managers in industrial undertakings are exempted from the regular weekly rest provisions by virtue of Article 4 of the Convention, the Government is requested to indicate any measures taken to provide, as far as possible, for compensatory periods of rest for this category of workers.

Article 7(a) of the Convention. The Government is requested to indicate, in its next report, any measures taken to ensure that weekly rest days are made known to workers by means of notices posted at the workplace or by other means to be determined by the Government. The Government is also requested to provide specimen copies of any such notices.

Points III and V of the report form. Please include with future reports available information on the practical application of the Convention.

The Government is asked to report in detail in 1996.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with interest the information provided by the Government in its first report. It requests the Government to provide further clarification, in its next report, on the following points:

Article 1 of the Convention. The Committee notes that section 5 of the Proclamation No. 43/1993 concerning the Determination of Working Days and Hours of Government Offices provides that the working hours of public enterprises are to be fixed by collective agreements or rules of employment in accordance with the appropriate law. It appears that the Labour Proclamation No. 42/1993 applies to public enterprises as they are not listed among the exceptions in section 3(2). Since the Convention applies to establishments, institutions and administrative services, whether public or private, in which the persons employed are mainly engaged in office work, the Government is requested to confirm that public enterprises are covered by the Labour Proclamation No. 42 and that any collective agreements made under Proclamation No. 43 must conform with the provisions concerning weekly rest set out in Part IV, Chapter II of the Labour Proclamation.

Article 3. The Committee notes from the Government's report that existing legislation and collective agreements ensure the application of the Convention to post and telecommunications services, newspaper undertakings, and theatres and places of public entertainment. The Government is, therefore, invited to communicate a declaration to the Office accepting the obligations of the Convention with respect to these establishments, in accordance with paragraph 2 of this Article.

The Committee further notes that section 3(3)(c) of the Labour Proclamation No. 42/1993 provides that the Council of Ministers shall issue regulations governing conditions of work applicable to personal services. The Government is requested to indicate, in future reports, the extent to which effect is given or proposed to be given to the Convention in establishments, institutions and administrative services providing personal services and to supply copies of any relevant regulations issued by the Council of Ministers under section 3(3)(c) of the Labour Proclamation.

Article 6, paragraph 4. The Government is requested to indicate the manner in which the traditions and customs of religious minorities have been been respected, as far as possible, in the determination of weekly rest measures.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the information provided in the Government's first report and the adoption of the Labour Proclamation No. 42 of 1993. The Government is requested to provide additional information, in its next report, on the following points:

1. Article 2, paragraph 1, and Article 5. The Committee notes that, by virtue of section 3(2)(c) of the Labour Proclamation No. 42 of 1993, persons holding managerial posts or directly engaged in major managerial functions are not covered in the scope of the application of the Proclamation. It would recall that Article 2 of the Convention provides that the whole of the staff employed in industrial undertakings should enjoy in every period of seven days a period of rest comprising at least 24 consecutive hours. The Government is requested to indicate any measures taken or envisaged to ensure that managers in industrial undertakings also have the right to a weekly rest of at least 24 hours. To the extent that managers in industrial undertakings are exempted from the regular weekly rest provisions by virtue of Article 4 of the Convention, the Government is requested to indicate any measures taken to provide, as far as possible, for compensatory periods of rest for this category of workers.

Article 7(a) of the Convention. The Government is requested to indicate, in its next report, any measures taken to ensure that weekly rest days are made known to workers by means of notices posted at the workplace or by other means to be determined by the Government. The Government is also requested to provide specimen copies of any such notices.

Points III and V of the report form. Please include with future reports available information on the practical application of the Convention.