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Weekly Rest (Industry) Convention, 1921 (No. 14) - Democratic Republic of the Congo (RATIFICATION: 1960)

Articles 2, 4 and 5 of the Convention. Duration of weekly rest. Total or partial exceptions – Compensatory rest. The Committee notes that Order No. 068/12 of 17 May 1968 concerning weekly rest is the only reference text for the regulation of weekly rest under section 121 of the Labour Code. It also notes the Government’s indication that section 6 of Order No. 040/CAB/MIN/ETPS/ MBL/MMG/PKG/2013, of 9 April 2013, concerning the duration and liberalization of working hours, confirms strict compliance with sections 121 and 122 of the Labour Code, which provide that all workers have the right to rest of at least 48 consecutive hours during each seven-day period, and that this rest shall be granted as far as possible at the same time to all staff, in principle on the weekend. The Committee notes, however, that the Government’s report does not provide new information on the exceptions provided by sections 9 and 10 of Ministerial Order No. 068/12. These sections allow for workers to be employed during their weekly rest by paying overtime, without also granting them compensatory rest. The Committee nevertheless draws the Government’s attention to the importance of providing, in such circumstances, for compensatory rest in order to avoid an accumulation of fatigue and to thereby protect the health of the worker. The Committee therefore requests the Government to indicate measures taken or envisaged to ensure that compensatory rest is granted, whether or not overtime is paid, for any exception to the rules on weekly rest.