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

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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) and 52 (annual holiday with pay) together.

The Committee takes note of the observations of the National Council of Employers of Mali (CNPM), communicated with the Government’s report.

Article 2 of Convention No. 14. Weekly rest entitlement. Legislation. Further to the previous observations of the Confederation of Workers’ Union of Mali (CSTM) concerning the failure to comply with the rules on weekly rest, the Committee notes the Government’s indication that, in practice, weekly rest is respected in all public and private enterprises and establishments, although days of rest differ according to the manner in which the different entities are organized and operate. The Committee further notes that section 142 of the Labour Code was amended by Law No. 2017-021 of 12 June 2017 amending Law No. 92-020 of 23 September 1992, and that it now provides for weekly rest of at least 24 hours instead of 24 consecutive hours. The Committee requests the Government to specify whether the aforementioned new provision guarantees that workers enjoy a weekly period of rest of at least 24 consecutive hours, in accordance with Article 2 of the Convention.

Article 7. Posting of notices and record-keeping. Further to its previous comments, the Committee notes the Government’s indication in its report that the legislation does not contain any provision requiring the employer to notify employees of the days and hours of collective weekly rest by posting a notice or, when the rest is not given collectively, by drawing up a roster. The Government indicates, however, that in practice, certain enterprises, particularly in the mining industry, establish rest schedules in order to better organize production. The Government adds that it will take into account these aspects not covered by the national legislation in a forthcoming review of the Labour Code. The Committee further notes the observations of the CNPM, in which no reply was provided to the question concerning the posting or keeping of weekly rest records. The Committee requests the Government to take the necessary measures to give effect to this provision of the Convention and to continue to provide information in this regard.

Article 2(3)(b) of Convention No. 52. Exclusion of interruptions of attendance at work due to sickness from annual holiday with pay. Further to its previous comments, the Committee notes the Government’s indication that there is no provision in the legislation for the exclusion of interruptions of attendance at work due to sickness from the calculation of annual holiday with pay. The Government indicates that it will initiate discussions on this aspect in a forthcoming review of the Labour Code, in consultation with the representative employers’ and workers’ organizations. The Committee once again requests the Government to take the necessary measures to ensure that absences from work due to sickness are not counted as days of annual holiday with pay to which workers are entitled under the national legislation, in accordance with Article 2(3)(b) of the Convention.

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The Committee notes the observations of the Confederation of Workers’ Unions of Mali (CSTM), dated 22 November 2013, concerning the failure to comply with the rules on weekly rest. The Committee requests the Government to provide any observations that it deems appropriate in this regard.

Articles 4 and 5 of the Convention. Total or partial exceptions and compensatory rest. In reply to its previous observation and direct request, the Committee notes the Government’s indication that it does not have information concerning enterprises which have requested exceptions from the labour inspection services to the rules respecting weekly rest. With regard to weekly rest, the Committee notes that the Government’s report does not provide any information on the manner in which the granting of compensatory rest is ensured when workers are engaged in work on their day of weekly rest. The Committee recalls once again the importance of compensatory rest to protect the health of the workers who have been deprived of weekly rest. It also emphasizes that due to the situation of subordination of the worker to the employer, there could exist consequent risk of abuse arising out of the difficulty of ensuring, in the absence of any legislative or regulatory framework, that the interests of employed persons are indeed taken into account when determining periods of compensatory rest. The Committee requests the Government to indicate the measures adopted or envisaged to bring the national legislation into line with the provisions of the Convention.

Article 7. Posting of notices and record-keeping. In its previous comment, the Committee requested the Government to provide information on the measures taken or envisaged to give effect to this provision of the Convention, under the terms of which the employer shall be obliged either to make known to the whole of the staff the days and hours of collective rest, or to keep a roster of any special systems applicable to weekly rest. The Committee observes that the Government’s report does not contain any information on this matter. The Committee once again requests the Government to indicate how effect is given to this provision of the Convention.

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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 report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 4 of the Convention. Total or partial exceptions. The Committee notes that section A.144.2 of Order No. 96-1566/MEFPT-SG of 7 October 1996, setting out arrangement for the implementation of certain provisions of the Labour Code, lists the establishments allowed to give the weekly rest, by rotation, on a day other than Sunday. It also notes that by virtue of this provision, the competent labour inspector may, after consultation with the employers’ and workers’ organizations concerned, authorize enterprises other than those listed to make use of this facility. The Committee requests the Government to provide more detailed information on the types of enterprises for which such exceptions have been granted by labour inspectors.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

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Article 5 of the Convention. Compensatory rest. The Committee notes that in reply to its previous observation, the Government merely sends copies of an internal memo and an application form for leave or compensatory rest, from two non-governmental organizations. The Committee points out that these documents do not constitute local agreements within the meaning of Article 5 of the Convention. In view of the importance of compensatory rest to the protection of the health of the workers concerned, the Committee trusts that the Government will take the necessary steps without delay to ensure that, as far as possible, such rest is granted to workers who work on their weekly day of rest. It requests the Government to provide information on all progress made in this regard.

Article 7. Posting of notices and record-keeping. The Committee notes that the documents sent by the Government are not such as to ensure application of this provision of the Convention. It reminds the Government that, according to Article 7 of the Convention, employers must be required either to make known to the whole of the staff the days and hours of collective weekly rest or to draw up a roster indicating any special system of weekly rest. The Committee once again requests the Government to provide information on the measures taken or envisaged to give effect to this provision of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort t take the necessary action in the near future.

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The Committee notes with regret that the Government’s report contains no information replying to its previous direct request. It is therefore bound to renew its comments on the following points.

Article 4 of the Convention. Total or partial exceptions. The Committee notes that section A.144.2 of Order No. 96-1566/MEFPT-SG of 7 October 1996, setting out arrangement for the implementation of certain provisions of the Labour Code, lists the establishments allowed to give the weekly rest, by rotation, on a day other than Sunday. It also notes that by virtue of this provision, the competent labour inspector may, after consultation with the employers’ and workers’ organizations concerned, authorize enterprises other than those listed to make use of this facility. The Committee requests the Government to provide more detailed information on the types of enterprises for which such exceptions have been granted by labour inspectors.

Part V of the report form. The Committee requests the Government to give a general appreciation of the manner in which the Convention is applied in practice including, for instance, extracts from reports of the inspection services and, if possible, information on the number and nature of the contraventions of the legislation on weekly rest that have been 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.

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Article 5 of the Convention. Compensatory rest. The Committee notes that in reply to its previous observation, the Government merely sends copies of an internal memo and an application form for leave or compensatory rest, from two non-governmental organizations. The Committee points out that these documents do not constitute local agreements within the meaning of Article 5 of the Convention. In view of the importance of compensatory rest to the protection of the health of the workers concerned, the Committee trusts that the Government will take the necessary steps without delay to ensure that, as far as possible, such rest is granted to workers who work on their weekly day of rest. It requests the Government to provide information on all progress made in this regard.

Article 7. Posting of notices and record-keeping. The Committee notes that the documents sent by the Government are not such as to ensure application of this provision of the Convention. It reminds the Government that, according to Article 7 of the Convention, employers must be required either to make known to the whole of the staff the days and hours of collective weekly rest or to draw up a roster indicating any special system of weekly rest. The Committee once again requests the Government to provide information on the measures taken or envisaged to give effect to this provision of the Convention.

The Committee is also addressing a request directly to the Government on other matters.

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Article 4 of the Convention. Exceptions. The Committee notes that section A.144.2 of Order No. 96-1566/MEFPT-SG of 7 October 1996 giving effect to certain provisions of the Labour Code lists the establishments allowed to give the weekly rest day, by rotation, on a day other than Sunday. It also notes that, by virtue of this provision, the competent labour inspector may, after consultation with the employers’ and workers’ organizations concerned, authorize enterprises other than those listed to make use of this facility. The Committee requests the Government to supply further information on the types of enterprises for which such exceptions have been granted by the labour inspectors.

Part V of the report form. The Committee notes the Government’s statement according to which the statistics currently available make it not possible to establish the exact number of workers protected by the relevant legislation. It requests the Government to give a general appreciation of the manner in which the Convention is applied in practice, including, for instance, extracts from the reports of the inspection services and, if possible, information on the number and nature of the contraventions reported, etc.

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Article 5 of the Convention. Compensatory periods of rest. The Committee notes with regret that, in its report, the Government does not reply to its previous comments and confines itself to indicating that the Labour Code does not provide for compensatory periods of rest when the suspensions or diminutions in weekly rest are granted in virtue of Article 4 of the Convention. In its 2004 report, the Government indicates that such periods of rest were provided for in agreements and local customs as allowed in Article 5 of the Convention. Despite the Committee’s request, the Government has supplied no information on these agreements and local customs. The Committee is bound to request the Government once again to supply such information. In this respect, the Committee draws the Government’s attention to the importance of compensatory rest periods since, as it emphasized in its 1964 General Survey on weekly rest (paragraph 197), "it is obvious that abnormal work on the weekly rest day, even if it lasts only a short while, disturbs the workers’ family and social life".

Article 7. Posting of notices and keeping of rosters. The Committee notes that the Government’s report does not reply either on this matter to its previous comments and indicates only that there are no legislative provisions giving effect to this Article of the Convention. In its previous report, the Government stated that agreements respecting the arrangements and distribution of working hours concluded in an enterprise or establishment were brought to the knowledge of the workers by posting of notices. The Committee once again asks the Government to supply copies of such agreements and examples of notices and rosters by which the staff is informed of weekly rest days and times.

The Committee is also addressing a request on certain other points directly to the Government.

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The Committee notes with regret that the Government’s report is confined to reproducing information that was supplied previously and does not reply to its previous comments. The Committee trusts that the next report will contain full particulars on the matters raised in its previous direct requests, which read as follows:

Article 5 of the Convention. According to the report, periods of compensatory rest are provided for in agreement between the employer and the representative trade unions in enterprises where exceptions to the weekly rest have been made under sections L.143 and L.144 of the Labour Code and sections A.144.1 and A.144.2 of Order No. 96-1566/MEFPT-SG. The Government is requested to provide more detailed information on agreements and local customs which already provide for such periods of rest and to indicate the other measures which are envisaged or have been adopted to ensure, as far as possible, provision for compensatory periods of rest for the workers concerned. The Committee requests the Government to provide copies of such agreements.

Article 7. The Committee notes that there are no legislative provisions giving effect to this Article of the Convention: section L.141 of the Labour Code does not address this subject. It also notes the Government’s statement that agreements respecting the arrangement and distribution of working hours must be brought to the knowledge of the workers concerned through the posting of notices and that, in establishments covered by section A.144.2 of Order No. 96-1566/MEFPT-SG, this includes information on collective rest periods and special systems of rest periods. The Government is requested to provide copies of such agreements and examples of notices and rosters established in accordance with Article 7 of the Convention.

Part III of the report form. The Committee requests the Government to provide copies with its next report of reports drawn up under sections 295 and 296 of the Labour Code by the regional inspection services on infringements of the principle of weekly rest which have been forwarded to the judicial authorities.

[The Government is asked to reply in detail to the present comments in 2005.]

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The Committee notes 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. According to the report, periods of compensatory rest are provided for in agreement between the employer and the representative trade unions in enterprises where exceptions to the weekly rest have been made under sections L.143 and L.144 of the Labour Code and sections A.144.1 and A.144.2 of Order No. 96-1566/MEFPT-SG. The Government is requested to provide more detailed information on agreements and local customs which already provide for such periods of rest and to indicate the other measures which are envisaged or have been adopted to ensure, as far as possible, provision for compensatory periods of rest for the workers concerned. The Committee requests the Government to provide copies of such agreements.

Article 7. The Committee notes that there are no legislative provisions giving effect to this Article of the Convention: section L.141 of the Labour Code does not address this subject. It also notes the Government’s statement that agreements respecting the arrangement and distribution of working hours must be brought to the knowledge of the workers concerned through the posting of notices and that, in establishments covered by section A.144.2 of Order No. 96-1566/MEFPT-SG, this includes information on collective rest periods and special systems of rest. The Government is requested to provide copies of such agreements and examples of notices and rosters established in accordance with Article 7 of the Convention.

Part III of the report form. The Committee requests the Government to provide copies with its next report of reports drawn up under sections 295 and 296 of the Labour Code by the regional inspection services on infringements of the principle of weekly rest which have been forwarded to the judicial authorities.

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The Committee notes with interest the adoption of Decree No. 96-178/P-RM of 13 June 1996 and Order No. 96-1566/MEFPT-SG issuing texts implementing certain provisions of the Labour Code. It also notes the information provided by the Government in reply to its previous direct request, particularly on the establishments enumerated in section A.144.2 of Order No. 96-1566/MEFPT-SG, which are allowed to apply exceptions to weekly rest. Furthermore, with regard to the consultation of responsible associations of employers and workers before the authorization of exceptions to weekly rest, it notes the opinion issued by the Higher Labour Council before the adoption of the above Order.

The Committee would be grateful if the Government would provide additional information in its next report on the following points.

Article 5 of the Convention. According to the report, periods of compensatory rest are provided for in agreement between the employer and the representative trade unions in enterprises where exceptions to the weekly rest have been made under sections L.143 and L.144 of the Labour Code and sections A.144.1 and A.144.2 of Order No. 96-1566/MEFPT-SG. The Government is requested to provide more detailed information on agreements and local customs which already provide for such periods of rest and to indicate the other measures which are envisaged or have been adopted to ensure, as far as possible, provision for compensatory periods of rest for the workers concerned. The Committee requests the Government to provide copies of such agreements.

Article 7. The Committee notes that there are no legislative provisions giving effect to this Article of the Convention: section L.141 of the Labour Code does not address this subject. It also notes the Government’s statement that agreements respecting the arrangement and distribution of working hours must be brought to the knowledge of the workers concerned through the posting of notices and that, in establishments covered by section A.144.2 of Order No. 96-1566/MEFPT-SG, this includes information on collective rest periods and special systems of rest.

The Government is requested to provide copies of such agreements and examples of notices and rosters established in accordance with Article 7 of the Convention.

Part III of the report form. The Committee requests the Government to provide copies with its next report of reports drawn up under sections 295 and 296 of the Labour Code by the regional inspection services on infringements of the principle of weekly rest which have been forwarded to the judicial authorities.

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The Committee notes with interest the adoption of the Labour Code (Act No. 92-020) of 23 September 1992. The Committee requests the Government to provide additional information, in its next report, on the following points.

Articles 4 and 5 of the Convention. Section L.143 of the Labour Code permits exceptions to the right to a weekly day of rest, in principle granted on Sundays, for undertakings in which work cannot stop without grave inconveniences to collective life. Section L.144 of the Code further provides that decrees from the Ministry of Labour shall determine the list of such exceptions. The Committee requests the Government to provide information on the practical application of these exceptions, and on any consultations with responsible associations of employers and workers in this regard. It would be grateful if the Government would also indicate what measures exist to ensure compensatory rest periods are granted when exemptions from the provision on weekly rest have been applied pursuant to sections L.143-L.144 of the Labour Code.

Article 6. The Committe requests the Government to furnish a list of the exceptions made under Article 4 of the Convention.

Article 7. The Committee requests the Government to indicate what legislative provisions give effect to Article 7 of the Convention and to supply models of notices established in accordance with this Article.