Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Belarus (RATIFICATION: 1968)

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Article 8(1) of the Convention. Temporary exemptions from weekly rest. The Committee had previously noted that section 142 of the Labour Code provides for the possibility of work on a weekly rest day at the request of the employer with the consent of workers. The Committee recalls that Article 8(1) of the Convention allows temporary exemptions from weekly rest to be introduced only in specific circumstances, which are listed exhaustively (in case of accident, force majeure or urgent work to premises and equipment, abnormal pressure of work, or to prevent the loss of perishable goods). It notes that the Government’s reply to its previous direct request on this issue does not address the concerns raised. The Committee again asks the Government to indicate how it ensures in law and in practice that the instances in which temporary exemptions may be granted do not exceed the clearly defined circumstances set forth in Article 8(1) of the Convention.

Article 8(3). Compensatory rest. Section 146 of the Labour Code allows compensation for work on the weekly day of rest to take the form of either an alternative day of rest or a wage supplement. The Committee wishes to point out that according to Article 8(3) of the Convention, where temporary exemptions are made, they must not deprive workers of receiving a compensatory rest of a total duration of at least 24 hours. It again emphasizes that the rationale for compensatory rest is the need to protect the workers’ health and well-being, so any financial compensation must be in addition to, not in lieu of, the requisite compensatory rest. The Committee once again asks the Government to take the necessary measures so as to secure compensatory rest of at least 24 hours for all workers to whom temporary exemptions from weekly rest are applied.

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Article 8, paragraph 1, of the Convention. Temporary exemptions from weekly rest. The Committee notes that section 142 of the Labour Code (Act No. 296-3 of 26 July 1999, as last amended by Act No. 299-3 of 24 December 2007) provides for the possibility of work on the weekly rest day at the request of the employer and with the consent of the worker. The Committee recalls that Article 8, paragraph 1, of the Convention allows temporary exemptions from weekly rest to be introduced only in specific circumstances, which are listed exhaustively (in case of accident, force majeure or urgent work to premises and equipment, abnormal pressure of work, to prevent the loss of perishable goods). It asks the Government to indicate how it ensures in law and in practice that the instances in which temporary exemptions may be granted do not exceed the clearly defined circumstances set forth in Article 8, paragraph 1, of the Convention.

Article 8, paragraph 3. Compensatory rest. In reply to the Committee’s previous comment, the Government states that section 146 of the Labour Code allows compensation for work on the weekly day of rest to take the form of either an alternative day of rest or a wage supplement. The Committee wishes to point out that according to Article 8, paragraph 3, of the Convention, where temporary exemptions are made, they must not deprive workers of receiving a compensatory rest of a total duration of at least 24 hours. It again emphasizes that the rationale for compensatory rest is the need to protect the workers’ health and well-being, so any monetary compensation must be in addition to, not in lieu of, the requisite compensatory rest. The Committee again asks the Government to make the necessary amendments to the Labour Code so as to secure compensatory rest of at least 24 hours for all workers to whom temporary exemptions from weekly rest are applied.

Part V of the report form. The Committee notes the information supplied by the Government on the organization and operation of the labour inspectorate. It also notes the statistics attached to the report showing that, out of a total workforce of 4 million workers, 400,000 are employed in the commerce and food sectors. It requests the Government to continue to provide general information on the effect given to the Convention in practice, including extracts from reports of the labour inspection services showing the number of contraventions of the legislation on weekly rest that have been reported and the penalties imposed, etc.

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Article 8, paragraphs 1 and 2 of the Convention. Temporary exemptions to weekly rest. Section 142 of the Labour Code provides for the possibility for work on a weekly rest day at the request of the employer with the consent of workers. While it notes the Government’s reply to its previous direct request on this issue, the Committee requests the Government to provide in more detail the mechanisms of how it ensures that granting of exemptions from weekly rest under section 142 are taken after consultations with the representative employers’ and workers’ organizations concerned.

Article 8, paragraph 3. Compensatory rest. Section 146, paragraph 1, of the Labour Code states that compensation may take the form of an extra day of rest or supplementary payment. While the Committee notes the Government’s reply, it reminds the Government that the Convention does not allow remuneration in lieu of compensatory periods of rest for work carried out on a day of weekly rest. It requests the Government to undertake the necessary steps in the near future to amend this section of the Labour Code in order to bring it into full conformity with the Convention and to supply information on the progress achieved in its next report.

Part V of the report form. The Committee requests the Government to supply extracts from the reports of the inspection services and information concerning the number of persons employed in commerce and offices covered by the relevant legislation, as well as the number and nature of the contraventions reported.

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The Committee notes the report of the Government and the new Labour Code of the Republic of Belarus of 1999 and requests clarification regarding certain points.

Article 7, paragraphs 1 and 4, of the Convention provide that the competent authorities may take measures to apply special weekly rest schemes, but special regard being had to all proper social and economic considerations and any measures in this respect shall be taken after consultation with the representative associations of employers and workers. Section 140 of the Labour Code provides for the possibility to set up special weekly rest schemes different from section 136 of the Labour Code for establishments that provide uninterrupted services for the public. Section 140 contains no particular provisions stipulating consultations with workers’ and employers’ organizations.The Committee requests the Government to supply detailed information on the exceptions made under section 140 for persons employed in commerce and offices and to state the methods adopted for consultations of representative associations of employers and workers.

Article 8, paragraphs 1 and 2. Section 142 of the Labour Code provides for the possibility for work on a weekly rest day at the request of the employer with the consent of the workers. The Committee requests the Government to give information on the procedures adopted for consultation of representative associations of employers and workers in accordance with Article 8, paragraph 2.

Article 8, paragraph 3. This paragraph provides that where temporary exemptions are made, the persons concerned shall be granted compensatory rest at least equivalent to the period provided for under Article 6. Additional compensatory periods of rest for the suspensions or diminutions made have to be granted irrespective of any supplementary remuneration. The Committee wishes to point out that section 146(1), which provides that compensation may take the form of an extra day of rest or supplementary payment, is not in conformity with the Convention. It requests the Government to undertake the necessary steps in the near future to amend this section in order to bring it into full conformity with this Article and to supply information on the progress achieved in its next report.

Part III of the report form. The Committee requests the Government to state by what methods application of the legislation and administrative regulations is supervised and enforced. In particular, please supply information on the organization and working of inspection.

Part V of the report form. The Committee requests the Government to supply in the next report extracts from the reports of the inspection services and information concerning the number of persons employed in commerce and offices covered by the relevant legislation, as well as the number and nature of the contraventions reported.

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Article 8, paragraph 3, of the Convention. The Committee notes that pursuant to section 63 of the Labour Code, a worker may work on a rest day if he so consents, except in cases where such work is necessary to prevent a public or natural disaster, to prevent or promptly remedy a production breakdown, or to prevent an accident, or as provided by collective agreement. Section 64 of the Labour Code further provides that work performed on a rest day may be compensated, as agreed by the parties, by granting another rest day or by monetary compensation at not less than twice the normal rate. The Committee wishes to call the Government's attention to the fact that, under this provision of the Convention, in all the cases noted above, compensatory rest is compulsory regardless of any monetary compensation. It therefore hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention on this point.