Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Weekly Rest (Industry) Convention, 1921 (No. 14) - Afghanistan (Ratification: 1939)

The Committee notes that the Government has transmitted to Parliament the draft new Labour Code for adoption. It also notes that the Office has already provided the Government with an informal opinion on the provisions of this draft Labour Code. It requests the Government to keep it informed of the progress made in adopting this text.

Article 4 of the Convention. Exceptions to the rules on weekly rest. The Committee notes that section 41 of the draft Labour Code provides that Friday is the weekly rest day. It also notes that, in accordance with section 44 of this text, weekend work may be permitted in a number of cases by agreement between the worker and the employer, but without the consent of the Council of Representatives, as required by article 58 of the 1987 Labour Code, or the agreement of the Social Union and the Ministry of Labour and Social Affairs, as provided for by the draft Labour Code of 2006: continuous work which, if delayed, could cause problems in relation to the public service; the performance of work related to the public service; work which cannot be delayed, urgent repairs, the loading and unloading of merchandise, the prevention of accidents; the elimination of the consequences of natural disasters and other exceptional cases; and the performance of other urgent work with the approval of the person in charge. The Committee draws the Government’s attention to the fact that, in accordance with Article 4 of the Convention, exceptions to the rules relating to weekly rest must be made with due regard to all proper humanitarian and economic considerations, and require prior consultation with the employers’ and workers’ organizations concerned. The Committee requests the Government to provide information on the consultations that have been held on the above exceptions and to specify the manner in which humanitarian considerations, and not only economic considerations, have been taken into account in this regard.

Article 5. Compensatory rest. The Committee notes that, in accordance with section 45 of the draft Labour Code, workers who are obliged to work on a weekly rest day because their company is engaged in an activity which cannot be interrupted, may be granted an alternative day of rest during the week or pay in compensation. The Committee recalls that, under this provision of the Convention, the legislation shall make, as far as possible, provision for compensatory periods of rest for the suspensions or diminutions made in virtue of Article 4. The Committee wishes to emphasize that compensatory rest is essential for the protection of workers’ health and cannot therefore merely be replaced by compensatory pay. The Committee requests the Government to indicate the provision made for compensating workers who are employed on the weekly rest day in circumstances other than those referred to in section 45 of the draft Labour Code. It also hopes that, in its final version, this provision will provide for a cash payment in addition to, and not instead of, compensatory rest.