Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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

The Committee notes the Government’s report.

Articles 6 and 7 of the Convention. The Committee notes the Government’s indication that projects, which are carried out in regions at long distances from the workers’ homes could justify the accumulation of their weekly rest days in accordance with section 60(b) of the Labour Code, which 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 once again draws the Government’s attention to the fact that exceptions from the provisions under Article 6 may only be stipulated in accordance with Articles 7 or 8. Moreover, even if the nature of 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 normal weekly rest scheme may not apply, special weekly rest stipulated in accordance with Article 7, paragraphs 1 and 4, must in any case grant a total rest period of at least 24 hours every seven days (Article 7, paragraph 3).

Article 8. Referring to its previous comments the Committee notes that 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, is not in conformity with this Article. It must reiterate that only temporary exemptions from the weekly rest period may be granted under the enumerated cases in Article 8, paragraph 1, in consultation with the representative employers’ and workers’ organizations (Article 8, paragraph 2). Furthermore, in any of these cases the workers shall benefit from compensatory rest in accordance with Article 8, paragraph 3, irrespective of any higher remuneration and even if the work on a weekly rest day has been carried out with the worker’s agreement.

The Committee once again asks the Government to take the necessary measures as soon as possible to bring its legislation into conformity with the provisions of the Convention under Articles 6, 7 and 8. The Committee trusts that the Government’s next report will contain detailed information on any progress made in this respect.