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

Weekly Rest (Commerce and Offices) Convention, 1957 (No. 106) - Afghanistan (Ratification: 1963)

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 7 of the Convention. Special schemes. 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 section 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, in particular for continuous work which, if delayed, could cause problems in the public service, and for the performance of work related to the public service. It also 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 draws the Government’s attention to the fact that, although Article 7 of the Convention authorizes the introduction of special schemes where the nature of the work or the services performed by the establishments concerned is such that the general rules on weekly rest cannot be applied, such special schemes have to be introduced with due regard to all proper social and economic considerations, and have to be preceded by consultations with the representative organizations of employers and workers concerned. In addition, the workers concerned have to be granted, in respect of each period of seven days, rest of a total duration of not less than 24 hours. The Committee requests the Government to provide information on the consultations that have been held on the special schemes provided for by section 44 of the draft Labour Code and to specify the manner in which social considerations, and not only economic considerations, have been taken into account. The Committee also hopes that, in its final version, this provision will provide that workers to whom a special scheme applies shall in any case be entitled to a weekly rest period of at least 24 hours.

Article 8. Temporary exemptions. The Committee notes that, in addition to the special schemes examined above, section 44 of the draft Labour Code permits, also by agreement between the worker and the employer, the following temporary exemptions from the rules relating to the weekly rest day of Friday: 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 recalls that Article 8 of the Convention permits the introduction of such exemptions in a limited number of cases which do not include the mere loading and unloading of merchandise, as envisaged in section 44 of the draft Labour Code. Indeed, under the terms of the Convention, exemptions may be granted in the event of abnormal pressure of work due to special circumstances, in so far as the employer cannot ordinarily be expected to resort to other measures. Moreover, the representative employers’ and workers’ organizations concerned have to be consulted before determining the circumstances in which temporary exemptions may be granted by the competent national authority, and compensatory rest of at least 24 hours has to be granted to the workers concerned. In this regard, 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 provide information on the consultations that have been held on the above exceptions. It also hopes that, in its final version, section 44 of the draft Labour Code will permit the granting of temporary exemptions only in the cases listed in Article 8 of the Convention, thereby eliminating the possibility of permitting an exemption for the mere loading and unloading of merchandise. The Committee also hopes that section 45 of this text will provide for a cash payment in addition to, and not instead of, compensatory rest.