Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Pakistan (Ratification: 1960)

Articles 2 and 6 of the Convention. Scope of application. The Committee notes that, by virtue of section 1(3) of the Shops and Establishments Ordinance, 1969, this text came into force on 30 June 1969 in such areas and to such establishments to which any law on the subject was previously applicable. It also notes that, by virtue of subsection 4 of the same section, the Government may extend the operation of this Ordinance to any other area or establishment, or exclude any area or establishment from its operation. The Committee requests the Government to specify to which establishments and areas the above Ordinance is currently applicable.

The Committee also notes that section 5(1) and (2) of the Shops and Establishments Ordinance, 1969, excludes numerous categories of establishments from its scope of application. It requests the Government to indicate which provisions ensure that a weekly rest comprising not less than 24 consecutive hours in the course of each period of seven days is granted to the categories of workers thus excluded. In this regard, the Committee notes that, in a previous report, the Government indicated that the weekly rest within government agencies was ensured by section 25 of the Negotiable Instruments Act, 1881. The Committee notes, however, that this provision only covers the day on which a promissory note or bill of exchange is at maturity. It therefore requests the Government to specify which provisions prescribe the granting of a weekly day of rest to all the staff of the public administration.

Article 8. Temporary exemptions. The Committee notes that section 8 of the Shops and Establishments Ordinance, 1969, allows employees to work overtime during stocktaking, making up of accounts, settlement or other such business operations. It requests the Government to indicate whether, in these cases, the weekly rest of the workers concerned may be cancelled or deferred and, if so, which provisions ensure that compensatory weekly rest is granted, irrespective of any financial compensation.

Part V of the report form. The Committee requests the Government to supply general indications on the manner in which the Convention is applied in practice, including, where possible, statistics on the number of workers protected by the legislation, reports of inspection services and information on the number and nature of violations reported.