Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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

The Committee notes the Government’s report in reply to its observation.

Articles 6 and 7 of the Convention. According to section 60, paragraph 2, of the Labour Code of 1996, a worker may, with the approval of his employer, accumulate his weekly rest days to use them all together as leave, for a period not exceeding one month. The purpose of this provision is to grant persons employed in distant or isolated regions the possibility of visiting their families. The Government indicates further that employees spend the weekly rest days at their workplaces without any work effectively done. 

The Committee reiterates that Article 6, which entitles an employee to an uninterrupted weekly rest period comprising not less than 24 hours in the course of each period of seven days, is obligatory and cannot be altered by individual agreement, even if the employee so wishes.

Nevertheless, the Convention allows in Article 7 exceptions from the general standard. Article 7, paragraphs 1 and 4, stipulates that where the nature of the work, the nature of the service performed by the establishments, the size of the population to be served, or the number of persons is such that the provisions of Article 6 cannot be applied, measures may be taken by the competent authority, after consultation with the employers’ and workers’ organizations concerned, to apply special weekly rest schemes, where appropriate, to specified categories of persons or specified types of establishment covered by the Convention, special regard being paid to all proper social and economic considerations.

Employees employed in distant or isolated regions may have an interest in accumulating their weekly rest and to be the subject of a special weekly rest scheme. The Committee acknowledged in its 1984 General Survey that the distance of the place of work from any large urban centre may be grounds for accumulating and postponing the rest day (paragraph 164), whereas Paragraph 3(a) of Recommendation No. 103 of 1957 restricts the period without a weekly rest period to three weeks.

Section 60, paragraph 2, of the Labour Code of 1996, however, is not restricted to specified circumstances as stipulated under Article 7. It applies to all employees without limitation whatsoever and is therefore possibly open to abuses. 

Article 8, paragraph 3. The Committee has to repeat its previous comments that sections 59 and 60 of the Labour Code of 1996 do not provide for compensatory rest for work done on a weekly rest period in accordance with Article 8, paragraph 3, irrespective of any higher remuneration.

The Government is therefore once again requested to take all necessary action to ensure that section 60, paragraph 2, of the Labour Code of 1996 will be amended in the very near future to specified circumstances in line with Article 7, paragraph 1, and furthermore, to grant a compensatory rest period irrespective of any monetary compensation in accordance with Article 8, paragraph 3, and to inform the Committee on all success achieved.