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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Jordan (Ratification: 1979)

The Committee takes note of the Government's last report on the application of the Convention and the information contained in its reply to previous comments. The Committee also takes note of the adoption of the Labour Code (Act No. 8 of 1996).

In this connection the Committee notes that, its previous comments notwithstanding, section 60(b) of the Labour Code stipulates that a worker may, with the employer's consent, accumulate weekly rest days in order to take them only once per month. The Committee recalls that for a number of years it has drawn the Government's attention to the fact that this type of provision is not in conformity with the provisions of Article 6, paragraph 1 of the Convention, according to which all persons to whom the Convention applies should be entitled to a weekly rest period comprising not less than 24 hours in the course of each period of seven days. The Committee also recalls that the weekly special rest schemes provided for under Article 7, paragraph 1 may only be applied where the nature of the work, the nature of the service performed by the establishment, the size of the population to be served, or the number of persons employed is such that the provisions of Article 6 cannot be applied, and after consultations with the representative organizations of the employers and workers concerned.

Furthermore, the Committee would also draw the Government's attention to the provisions of section 59(b) of the Labour Code which provides for payment for hours worked during a weekly rest day at a rate of 150 per cent of normal pay. The Committee recalls that Article 8, paragraph 3, stipulates that compensatory rest must be granted, irrespective of any financial compensation, where temporary exemptions are made for the reasons set forth in the first paragraph of this Article.

The Committee therefore asks the Government to take the necessary measures as soon as possible to bring its legislation into conformity with the fundamental provisions of the Convention, particularly Articles 6, 7 and 8. The Committee trusts that the Government's next report will contain detailed information on any action taken to that end and on any progress made in this regard.