Weekly Rest (Industry) Convention, 1921 (No. 14) - Chad (RATIFICATION: 1960)

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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

Article 5 of the Convention. Compensatory rest. The Committee notes the Government’s reference to section 223 of the Labour Code, which states that any agreement granting cash compensation in lieu of leave shall be deemed null and void. The Committee also notes that section 6 of Decree No. 56 of 8 February 1969 establishing arrangements for weekly rest stipulates that, where rest granted on a Sunday simultaneously to all the staff of an undertaking would be harmful to the public or jeopardize the normal functioning of the undertaking, rest can be given on a rotation basis or collectively on days other than Sunday. Nevertheless, the Committee recalls, as it did in all its previous comments, that section 209 of the Labour Code, like sections 9 and 10 of Decree No. 56, continue to provide for the possibility of exceptions to the weekly rest scheme, particularly in cases of urgent work or in industries handling perishable goods. The Committee reminds the Government that the Convention stipulates that compensatory periods of rest – regardless of any financial compensation – must, as far as possible, be granted in the event of any exception to the normal weekly rest scheme. The Committee recalls that the same principle is reaffirmed in Articles 7(2) and 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Committee strongly encourages the Government to ratify.The Committee therefore requests the Government once again to indicate the measures taken or contemplated to guarantee, as far as possible, compensatory rest in the situations provided for in section 209 of the Labour Code and sections 9 and 10 of Decree No. 56.

Furthermore, the Committee notes the Government’s statement that the compensatory rest period granted to workers in the oil industry takes account of the strenuous nature of the work. The Committee reiterates that, while the Convention does not establish a precise time limit for granting compensatory rest, compliance with the spirit of the Convention requires this to be within a reasonably short period. In addition, Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), states that 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 clarify whether workers in the oil industry continue to be entitled to two weeks of rest only at the end of four weeks of uninterrupted work, as indicated by the Government in its 2003 report.

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Article 5 of the Convention. Compensatory rest. The Committee notes the Government’s reference to section 223 of the Labour Code, which states that any agreement granting cash compensation in lieu of leave shall be deemed null and void. The Committee also notes that section 6 of Decree No. 56 of 8 February 1969 establishing arrangements for weekly rest stipulates that, where rest granted on a Sunday simultaneously to all the staff of an undertaking would be harmful to the public or jeopardize the normal functioning of the undertaking, rest can be given on a rotation basis or collectively on days other than Sunday. Nevertheless, the Committee recalls, as it did in all its previous comments, that section 209 of the Labour Code, like sections 9 and 10 of Decree No. 56, continue to provide for the possibility of exceptions to the weekly rest scheme, particularly in cases of urgent work or in industries handling perishable goods. The Committee reminds the Government that the Convention stipulates that compensatory periods of rest – regardless of any financial compensation – must, as far as possible, be granted in the event of any exception to the normal weekly rest scheme. The Committee recalls that the same principle is reaffirmed in Articles 7(2) and 8(3) of the Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106), which the Committee strongly encourages the Government to ratify. The Committee therefore requests the Government once again to indicate the measures taken or contemplated to guarantee, as far as possible, compensatory rest in the situations provided for in section 209 of the Labour Code and sections 9 and 10 of Decree No. 56.

Furthermore, the Committee notes the Government’s statement that the compensatory rest period granted to workers in the oil industry takes account of the strenuous nature of the work. The Committee reiterates that, while the Convention does not establish a precise time limit for granting compensatory rest, compliance with the spirit of the Convention requires this to be within a reasonably short period. In addition, Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), states that 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 clarify whether workers in the oil industry continue to be entitled to two weeks of rest only at the end of four weeks of uninterrupted work, as indicated by the Government in its 2003 report.

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The Committee notes with regret that the Government’s report does not include any new information in reply to its previous comments and is confined for the fourth consecutive year to reiterating the information provided previously. It therefore requests the Government to provide concrete explanations in its next report on the points on which it has been commenting for several years.

Article 5 of the Convention. Compensatory rest. Further to its previous comments relating to section 209 of the Labour Code and sections 9 and 10 of Decree No. 56/PR-MTJS-TMOPS of 8 February 1969, which envisage exceptions to the weekly rest scheme without compensatory periods of rest, the Committee once again draws the Government’s attention to the fact that Article 5 of the Convention provides that provision shall be made, as far as possible, for compensatory periods of rest to be granted in the event of exceptions to the normal weekly rest scheme. The granting of compensation in cash or in the form of higher rates of pay for the hours worked on the weekly rest day do not correspond to the objective of the Convention, which is to ensure that workers benefit from a minimum period of rest with a view to preserving their health and giving them access to leisure activities. The Committee hopes that the Government will soon be in a position to indicate all the measures adopted or envisaged to ensure that compensatory rest periods are granted in these cases and to indicate any agreements or customs established in these matters which ensure the application of the Convention.

Moreover, with regard to workers in the oil industry, who are entitled to a period of two weeks of rest in respect of each period of four weeks of uninterrupted work, the Committee emphasizes that, while the Convention does not establish a precise time limit for granting the compensatory rest period, compliance with the spirit of the Convention requires this to be within a reasonably short period. If this were not the case, the Convention would risk becoming bereft of all meaning.

Article 7. Information on implementation measures. The Committee understands the difficulties faced by the Government in the field of labour inspection, which are preventing it from providing the information requested previously concerning the application in practice of section 17 of Decree No. 56/PR-MTJS-DTMOPS of 8 February 1969 respecting workers’ information in relation to weekly rest arrangements (Article 7). The Committee nevertheless hopes that the Government will soon be in a position to provide this information and requests it to supply any other information available which would allow the Committee to assess the manner in which the Convention is applied in practice in the country.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has 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, paras 17–18). The Committee therefore invites the Government to envisage ratifying Convention No. 106 and to keep the Office informed of any decision taken or envisaged in this respect.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government’s last report was identical to those provided previously and did not reply to its comments. The Committee hopes that, with a view to maintaining a constructive dialogue with the Organization’s supervisory bodies, the Government will examine the matters raised below and take appropriate action.

Article 5 of the Convention. Compensatory rest. The Committee notes that, under the terms of section 209 of the Labour Code, it is possible to suspend weekly rest in exceptional cases and in exchange for financial compensation. Similarly, by virtue of sections 9 and 10 of Decree No. 56 of 8 February 1969 on procedures for the application of weekly rest, derogations may be granted without any compensatory period of rest, but with overtime pay in the case of urgent work, rescue or repair work, as well as in industries handling perishable goods or facing exceptional workload. The Committee recalls in this respect that, in accordance with this Article of the Convention, provision has to be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions of the weekly rest of workers, and that periods of rest may not be replaced by a cash payment. The Government is therefore once again requested to indicate all the measures taken or contemplated to ensure that compensatory periods of rest are granted in the above cases or to indicate the agreements or customs which might already provide for such periods.

Moreover, the Committee notes the Government’s indication that workers in the oil industry are entitled to two weeks of rest for each period of four continuous working weeks. Even though the Convention does not provide for specific limits where a special weekly rest scheme applies, the Committee considers that, given the fact that weekly rest is an essential safeguard for workers’ health and welfare, exceptions should be kept strictly limited and workers should not be deprived of their weekly rest entitlement for unreasonably long periods. The Committee wishes to refer to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which offers some guidance in this respect and indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 7. Workers’ information. In its report, the Government indicates that the application of this Article of the Convention is only possible when an effective system of labour inspection is in operation. The Committee understands that the Government is experiencing serious difficulties in the organization of inspection services due to lack of resources. However, it recalls its obligation to ensure that employers abide by section 17 of Decree No. 56 of 8 February 1969, which requires the posting of notices in order to keep workers duly informed of the weekly rest arrangements applicable to them. The Committee therefore requests the Government to take appropriate action to ensure that full effect is given to this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including, for instance, any available statistics on the number of workers covered by the relevant legislation, the number and nature of contraventions reported, etc.

Finally, the Committee takes this opportunity to recall that, based on the conclusions and proposals of the Working Party on Policy regarding the Revision of Standards, the ILO Governing Body has 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 continued to respond to current needs (see GB.238/LILS/WP/PRS/1/2, paragraphs 17–18). The Committee accordingly invites the Government to contemplate ratifying Convention No. 106 and to keep the Office informed of any decisions taken or envisaged in this respect.

CMNT_TITLE

The Committee notes that the Government’s report is identical to those provided previously and does not reply to its comments. The Committee hopes that, with a view to maintaining a constructive dialogue with the Organization’s supervisory bodies, the Government will examine the matters raised below and take appropriate action.

Article 5 of the Convention. Compensatory rest. The Committee notes that, under the terms of section 209 of the Labour Code, it is possible to suspend weekly rest in exceptional cases and in exchange for financial compensation. Similarly, by virtue of sections 9 and 10 of Decree No. 56 of 8 February 1969 on procedures for the application of weekly rest, derogations may be granted without any compensatory period of rest, but with overtime pay in the case of urgent work, rescue or repair work, as well as in industries handling perishable goods or facing exceptional workload. The Committee recalls in this respect that, in accordance with this Article of the Convention, provision has to be made, as far as possible, for compensatory periods of rest for any suspensions or diminutions of the weekly rest of workers, and that periods of rest may not be replaced by a cash payment. The Government is therefore once again requested to indicate all the measures taken or contemplated to ensure that compensatory periods of rest are granted in the above cases or to indicate the agreements or customs which might already provide for such periods.

Moreover, the Committee notes the Government’s indication that workers in the oil industry are entitled to two weeks of rest for each period of four continuous working weeks. Even though the Convention does not provide for specific limits where a special weekly rest scheme applies, the Committee considers that, given the fact that weekly rest is an essential safeguard for workers’ health and welfare, exceptions should be kept strictly limited and workers should not be deprived of their weekly rest entitlement for unreasonably long periods. The Committee wishes to refer to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which offers some guidance in this respect and indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 7. Workers’ information. In its report, the Government indicates that the application of this Article of the Convention is only possible when an effective system of labour inspection is in operation. The Committee understands that the Government is experiencing serious difficulties in the organization of inspection services due to lack of resources. However, it recalls its obligation to ensure that employers abide by section 17 of Decree No. 56 of 8 February 1969, which requires the posting of notices in order to keep workers duly informed of the weekly rest arrangements applicable to them. The Committee therefore requests the Government to take appropriate action to ensure that full effect is given to this provision of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the application of the Convention in practice, including, for instance, any available statistics on the number of workers covered by the relevant legislation, the number and nature of contraventions reported, etc.

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The Committee notes the Government’s report which essentially reproduces information communicated to the Office before. It is therefore obliged to draw once more the Government’s attention to the following points.

Article 5 of the Convention. The Committee notes that section 209 of the Labour Code provides for the possible suspension of the weekly rest in exceptional cases and against monetary compensation. Similarly, under sections 9 and 10 of Decree No. 56 of 8 February 1969 on procedures for the application of weekly rest, derogations may be granted without any compensatory period of rest but against overtime pay in the case of urgent work, rescue or repair work, as well as to industries handling perishable goods or facing exceptional workload. The Committee recalls in this respect that, according to this Article of the Convention, provision should be made, as far as possible, for compensatory periods of rest, for any suspensions or diminutions made to workers’ weekly rest and that the rest period may not be replaced by cash payment. Therefore, the Government is once again requested to indicate all measures taken or contemplated to ensure that compensatory periods of rest are granted in the aforementioned cases or to indicate the agreements or customs which might already provide for such periods.

Moreover, the Committee notes the Government’s indication that workers in the oil industry are entitled to two weeks of rest for each period of four continuous working weeks. Even though the Convention does not provide for specific limits where special weekly rest schemes apply because of the nature of the work, the Committee considers that given the fact that weekly rest is an essential safeguard for workers’ health and welfare, exceptions should be kept strictly limited and workers should not be deprived of their weekly rest entitlement for unreasonably long periods. The Committee wishes to refer to Paragraph 3(a) of the Weekly Rest (Commerce and Offices) Recommendation, 1957 (No. 103), which offers some guidance in this respect and indicates that persons to whom such special schemes apply should not work for more than three weeks without receiving the rest periods to which they are entitled.

Article 7.  In its report, the Government indicates that application of this Article of the Convention is only possible when an effective system of labour inspection is in operation. The Committee understands that the Government experiences serious difficulties with the organization of inspection services due to lack of resources, but recalls its obligation to ensure that employers abide by the provision of section 17 of Decree No. 56 of 8 February 1969, which requires the posting of notices in order to keep workers duly informed of the weekly rest arrangements applicable to them. The Committee accordingly requests the Government to take appropriate action to ensure that full effect is given to this requirement of the Convention.

Part V of the report form. The Committee requests the Government to provide information on the practical application of the Convention, including, for instance, any available statistics on the number of workers covered by the relevant legislation, the number and nature of contraventions reported, etc.

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The Committee notes with regret that the Government's report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. The Committee notes that, in accordance with sections 9 and 10 of Decree No. 56 of 28 February 1969 on procedures for application of weekly rest entitlement, derogations may be granted without compensatory periods of rest for certain urgent work and in industries handling perishable goods. The Government is requested to indicate in its next report all measures taken or contemplated to ensure that, as far as possible, provision is made for compensatory periods of rest for workers in such circumstances or to communicate the agreements or local usage which already provide for such rest, in accordance with this provision of the Convention.

Article 7. In its report, the Government indicates that application of this Article of the Convention is possible only subsequent to checks by the inspection services for which reports are not available. The Committee recalls that the Government has a duty to ensure that each employer, director or manager is obliged to fulfil the requirements of the Convention in regard to making known to the whole of the staff the weekly rest days, either by means of notices posted conspicuously or by posting a roster where the rest period is not granted to the whole of the staff collectively. The Committee requests the Government to indicate the measures taken or contemplated to enable the inspection services to perform their duties effectively.

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The Committee notes the information in the Government’s report and requests it to supply particulars on the following points.

Article 5 of the Convention. The Committee notes that in accordance with sections 9 and 10 of Decree No. 56 of 28 February 1969 on procedures for application of weekly rest entitlement derogations may be granted without compensatory periods of rest for certain urgent work and in industries handling perishable goods. The Government is requested to indicate in its next report all measures taken or contemplated to ensure that, as far as possible, provision is made for compensatory periods of rest for workers in such circumstances or to communicate the agreements or local usage which already provide for such rest, in accordance with this provision of the Convention.

Article 7. In its report, the Government indicates that application of this Article of the Convention is possible only subsequent to checks by the inspections services for which reports are not available. The Committee recalls that the Government has a duty to ensure that each employer, director or manager is obliged to fulfil the requirements of the Convention in regard to making known to the whole of the staff the weekly rest days, either by means of notices posted conspicuously or by posting a roster where the rest period is not granted to the whole of the staff collectively. The Committee requests the Government to indicate the measures taken or contemplated to enable the inspection services to perform their duties effectively.